NCG240000_Draft Permit to Notice_20220513

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG240000 - DRAFT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
For establishments primarily engaged in Composting
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission and
the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or
operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of
Coverage (COC) 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:
♦ All owners or operators of stormwater point source and process wastewater discharges associated
with activities from establishments primarily engaged in:
• Composting operations [standard industrial classification (SIC) 2875 and/or 2879] classified
as: large Type 1, Type 2, and small Type 3 Facilities as described in regulations administered
by Division of Waste Management and found at 15A NCAC 13B .1402 (f); and associated
vehicle and equipment maintenance activities;
♦ Stormwater point source discharges from like industrial activities deemed by the Division of Energy,
Mineral, and Land Resources (the Division) to be similar to these operations in process, or discharges,
or exposure of raw materials, intermediate products, by-products, final products, or waste products.
Except upon Division determination of similarity as provided immediately above, coverage under
this General Permit is not applicable to:
♦ Composting operations classified as small Type 1 Facilities also described in 15A 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 Non -
discharge Permitting Program of DWR and found in 15A NCAC 02T .1100;
♦ Composting operations with discharges to protected receiving waters classified as ORW, HQW, trout
waters, PNA waters, SA waters, or zero -flow streams as described at 15A NCAC 0213.0206; and
♦ Stand-alone mulching only facilities with no accelerated biological decomposition.
The General Permit shall become effective on July 1, 2022.
The General Permit shall expire at midnight on June 30, 2027.
Signed this 30th day of June 2022.
Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission

Permit No. NCG0240000-DRAFT
TABLE OF CONTENTS
PART A NCG240000 PERMIT COVERAGE
PART B STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
B-1. Responsible Party
B-2. General Location Map
B-3. Site Map
B-4. Narrative Description of Industrial Process
B-5. Feasibility Study
B-6. Evaluation of Stormwater Outfalls
B-7. Stormwater Best Management Practice (BMP) Summary
B-8. Secondary Containment Plan
B-9 Spill Prevention and Response Procedures
B-10. Solvent Management Plan
B-11. Preventative Maintenance and Good Housekeeping
B-12. Employee Training
B-13. Representative Outfall Status
B-14. Annual SWPPP Review and Update
B-15. Annual On-line SWPPP Certification (Forthcoming)
B-16. Notice to Modify the SWPPP
B-17. SWPPP Documentation
PART C OPERATIONAL REQUIREMENTS
C-1.
Operation and Maintenance of Treatment and Control Systems
C-2.
Stormwater Control Measure (SCM) Clean -Out
C-3.
Residuals Management
C-4.
Corrective Actions
C-5.
Draw Down of Treatment Facilities for Essential Maintenance
C-6.
Bypasses of Stormwater Treatment Facilities
C-7.
Bypasses of Wastewater Treatment Facilities
C-8.
Upsets
C-9.
Required Notices for Bypasses and Upsets
PART D QUALITATIVE MONITORING OF STORMWATER DISCHARGES
D-1.
Visual Inspections
D-2.
Qualitative Monitoring Response
0

Permit No. NCG0240000-DRAFT
PART E
ANALYTICAL MONITORING OF STORMWATER DISCHARGES
E-1.
Required Baseline Monitoring
E-2.
Baseline Sampling Benchmarks
E-3.
Methodology for Collecting Samples
E-4.
Locations for Collecting Samples
E-5.
Tier I Response: Single Benchmark Exceedance
E-6.
Tier II Response: Two Consecutive Benchmark Exceedances
E-7.
Tier III Response: Four Benchmark Exceedances Within the Permit Term
PART F
AUTHORIZED WASTEWATER DISCHARGES
F-1.
Authorized Wastewater Discharge
F-2.
Comingle Stormwater and Wastewater
F-3.
Discharges from Recycled Systems
PART G
ANALYTICAL MONITORING OF WASTEWATER DISCHARGES
G-1.
Wastewater Sampling Schedule
G-2.
Parameters and Limitations
PART H
CONSTRUCTION AND OPERATION OF WASTEWATER TREATMENT FACILITY
H-1.
Requirements following construction of new or expanding wastewater
treatment facilities
H-2.
Requirements for operation of wastewater treatment facilities
PART I
SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMR)
I-1. Deadlines for Submittal
I-2.
Submittal Process before Electronic Discharge Monitoring Reporting (eDMR)
I-3.
Submittal Process after Electronic Discharge Monitoring Reporting (eDMR)
I-4.
Results Below Detection Limits
I-5
Occurrences of No Discharge
I-6.
Reports if More Frequent Monitoring Has Occurred
I-7.
Report if Begin Discharging to a Waterbody Not Listed on the COC
I-8.
Qualitative Monitoring Reports
I-9.
Monitoring Report Retention
PART J OTHER OCCURANCES THAT MUST BE REPORTED
PART K PERMIT ADMINISTRATION
K-1. Signatory Requirements
K-2. General Permit Expiration
K-3. Planned Changes

Permit No. NCG0240000-DRAFT
K-4. Transfers
K-5. When an Individual Permit May be Required
K-6. When an Individual Permit May be Requested
K-7. General Permit Modification, Revocation and Reissuance, or Termination
K-8. Certificate of Coverage Actions
K-9. Requirement to Report Incorrect Information
K-10. Waivers from Electronic Reporting
K-11. Annual Administering and Compliance Monitoring Fee Requirements
K-12. Flow Measurements
K-13. Test Procedures
K-14. Availability of Reports
PART L COMPLIANCE AND LIABILITY
L-1.
Compliance Schedule
L-2.
Duty to Comply
L-3.
Duty to Mitigate
L-4.
Civil and Criminal Liability
L-5.
Oil and Hazardous Substance Liability
L-6.
Property Rights
L-7.
Severability
L-8.
Duty to Provide Information
L-9.
Penalties for Tampering
L-10.
Penalties for Falsification of Reports
L-11.
Onshore or Offshore Construction
L-12.
Duty to Reapply
L-13.
Inspection and Entry
L-14.
Need to Halt or Reduce not a Defense
PART M DEFINITIONS

Permit No. NCG24000
PART A: NCG240000 PERMIT COVERAGE
All persons desiring to have facilities covered by this General Permit must register with the Division
of Energy, Mineral, and Land Resources (the Division) by filing a Notice of Intent (NOI) and paying
the applicable fees. The NOI shall be submitted and a Certificate of Coverage (COC) issued prior to
any discharge of stormwater associated with industrial activity or authorized process wastewater
that has a point source discharge to surface waters of the state or to a separate storm sewer system
conveying discharges to surface waters.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual National Pollutant Discharge Elimination System (NPDES) permit in
accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the
request. Any application for an individual permit shall 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 been rescinded or 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.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion
from permitting must submit a No Exposure Certification NOI form to the Division; must receive
approval from the Division; must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually.
Any facility may apply for new or continued coverage under this permit until a Total Maximum
Daily Load (TMDL) for pollutants for stormwater discharges is established. A TMDL is for one or
more watersheds with one or more impaired waters. The TMDL sets one or more pollutant -loading
limits that affects one or more watersheds, or portion of a watershed, draining to one or more
impaired waters. A list of approved TMDLs for the state of North Carolina can be found at
https://deq.nc.govlabout/divisions/water-resources/planning/modeling-assessment/tmdls. To
not be subject to the TMDL, each facility with one or more discharges to watersheds affected by a
TMDL must demonstrate it does not have reasonable potential to violate applicable water quality
standards for those pollutants identified in the TMDL as a result of discharges. If the Division
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. After that individual permit becomes effective, the facility will no longer have coverage
under this General Permit. Although there is not a TMDL for every impaired water, the permittee
must identify impaired waters in the General Location Map, as outlined in the Stormwater Pollution
Prevention Plan (SWPPP), in Part B of this permit. The Department of Environmental Quality -
Division of Water Resources integrated reports (hUps://deq.nc.gov/about/divisions/water-
resources/planning/modeling-assessment/water-quality-data-assessment/integrated-report-files)
include assessments of waters monitored in North Carolina. Use the most recent EPA approved
final report to identify impaired waters.
Until this permit expires or is modified, revoked, or rescinded, the permittee is authorized to
discharge stormwater to the surface waters of North Carolina or a separate storm sewer system
which has been treated and managed in accordance with the terms and conditions of this General
Permit and the requirements of the permittee's COC.
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Permit No. NCG24000
The permittee's COC is hereby incorporated by reference into this General Permit. Any violation of
the COC is a violation of this General Permit and subject to enforcement action as provided in the
General Permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The discharges allowed by this General Permit shall not cause or contribute to violations of Water
Quality Standards. Discharges allowed by this permit must meet applicable wetland standards as
outlined in 15A NCAC 213.0230 and .0231 and water quality certification requirements as outlined
in 15A NCAC 21-1.0500.
If activities covered by this permit expand or change after issuance of the COC such that the types of
discharges are affected, the permittee must first contact the Division to determine if modifications
to the COC are necessary.
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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Permit No. NCG24000
PART B: STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
The permittee shall develop a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be
maintained on site unless exempted from this requirement by the Division. The permittee shall
implement the SWPPP and all Best Management Practices (BMPs� consistent with the provisions of
this permit, to control contaminants entering surface waters.
These items shall exist for the duration of the permit term and made available to the Director upon
request and also shall be sent to the Regional Office upon request. The SWPPP shall be considered
public information in accordance with LL=8 of this General Permit.
The SWPPP shall include, at a minimum, the following items:
B-1. Responsible Party
The SWPPP shall identify specific positions responsible for the overall coordination, development,
implementation, and revision of the SWPPP. Responsibilities for all components of the SWPPP shall
be documented and position assignments provided.
B-2. General Location Map
The General Location Map shall be a USGS quadrangle map or appropriately drafted equivalent map
that includes:
(a) The facility's location in relation to transportation routes and surface waters;
(b) The name(s) of the receiving water(s) 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;
(c) Any impaired receiving waters, use the most recent EPA approved final integrated report
(https://deq.nc.gov/about/divisions/water-resources/planning/modeling=
assessment/water-quality-data-assessment/integrated-report-files) to identify impaired
waters;
(d) If the site is in a watershed for which a TMDL has been established, include a list of the
parameters of concern (those exceeding water quality standards).
B-3. Site Map
The Site Map shall include the following at a scale sufficient to clearly depict all required features.
At a minimum, the map shall include:
(a) Site property/permit boundary;
(b) Site topography;
(c) Buildings, roads, parking areas and other built -upon areas;
(d) Industrial activity areas (including, but not limited to: vehicle maintenance
activities, scales, receiving, staging, blending, storage, composting, screening, rejects,
curing, warehousing, packaging, labeling, loading, storage of materials, disposal
areas, process areas, loading and unloading areas, other manufacturing activities and
haul roads);
(e) Stormwater discharge outfalls and a table of latitudes and longitudes;
(f) Process wastewater discharge outfalls and a table of latitudes and longitudes;
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Permit No. NCG24000
(g) Delineated drainage area for each stormwater outfall and a table of impervious
percentage for each drainage area;
(h) Stormwater Control Measures (SCMs);
(i) All stormwater collection/drainage features, structures and direction of flow;
(j) On -site and adjacent surface waters and wetlands; and
(k) A graphic scale and north arrow.
B-4. Narrative Description of Industrial Processes
The narrative description shall include:
(a) Storage practices;
(b) Loading and unloading activities;
(c) Outdoor process areas;
(d) Dust or particulate generating and control processes;
(e) Waste disposal practices; and
(f) A list of the potential pollutants that could be expected to be present in the stormwater and
process wastewater discharge from each outfall.
B-5. 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 runoff
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 review shall document the feasibility of diverting the stormwater
runoff away from areas of potential contamination.
B-6. Evaluation of Stormwater Outfalls
On an annual basis, the permittee shall evaluate all stormwater outfalls for the presence of non-
stormwater discharges.
(a) If no non-stormwater discharges are present, the permittee shall certify the evaluation
results. This certification shall be dated and signed in accordance with the requirements
found in K-1 and retained with the SWPPP.
(b) If non-stormwater discharges are present, the permittee shall identify the source and
record whether the discharge is otherwise permitted by rule or a different permit. The
permittee shall evaluate the environmental significance of the non-stormwater discharges.
A summary written record shall be dated and signed in accordance with the requirements
found in K-1 and retained with the SWPPP.
B-7. Stormwater Best Management Practice (BMP) Summary
The installation and implementation of BMPs shall be based on the assessment of the potential for
sources to contribute significant quantities of pollutants to stormwater discharges and on data
collected through monitoring of Stormwater discharges. The BMP Summary shall be reviewed and
updated annually.
The BMP Summary shall include:
(a) Written record of the specific rational for installation and implementation of the selected
site BMPs.
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Permit No. NCG24000
(b) Structural and nonstructural practices to minimize the exposure and transport of materials
in stormwater.
(c) BMPs for vehicle maintenance activities.
B-8. Secondary Containment Plan
In order to prevent leaks and spills from contaminating stormwater runoff, secondary containment
is required for: bulk storage of liquid materials including petroleum products; storage in any
amount of water priority chemicals listed in Section 313 of Title III of the Superfund Amendments
and Reauthorization Act (SARA); and storage of hazardous substances in any amount.
For facilities subject to the federal Spill Prevention, Control, and Countermeasure (SPCC)
regulation, the SPCC Plan may be used to support compliance with this requirement.
The Secondary Containment Plan shall include:
(a) A table or summary of tanks and stored materials equipped with secondary containment
systems;
(b) Manually activated valves or other similar devices that are securely closed with a locking
mechanism if the secondary containment devices are connected to the stormwater
conveyance system;
(c) A commitment to visually observe any accumulated stormwater prior to release for color,
foam, outfall staining, visible sheens, and dry weather flow;
(d) A commitment to only release accumulated stormwater that is uncontaminated by any
material; and
(e) Records on every release from a secondary containment system that include: the individual
making the observation, a description of the accumulated stormwater, and the date and
time of the release. These records shall be kept for a period of five (5) years.
B-9. Spill Prevention and Response Procedures
A responsible person shall be on -site at all times during facility operations that have
potential to contaminate stormwater runoff through spills or exposure of materials
associated with the facility operations. For facilities subject to the federal SPCC
regulation, the SPCC Plan may be used to support compliance with this requirement.
The Spill Prevention and Response Procedures (SPRP) shall include:
(a) An assessment of areas of the facility where there is the potential for spills;
(b) A list of trained facility personnel responsible for implementing the SPRP;
(c) A signed and dated acknowledgement in which staff members accept responsibilities for the
SPRP;
(d) An inventory of spill response materials and equipment and the locations for storing these
items;
(e) Written procedures for proper cleanup and disposal of spilled materials; and
(f) 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 or the notation that no
spills have occurred. This list shall be updated on annual basis.
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Permit No. NCG24000
B-10. Solvent Management Plan
The Solvent Management Plan shall be incorporated as a separate chapter into the Stormwater
Pollution Prevention Plan (SWPPP).
The Solvent Management Plan (SMP) shall include:
(a) an annually updated and quantified inventory of solvents present on site during the
previous three years;
(b) a narrative description of the facility locations and uses of solvents;
(c) the method of disposal, including quantities disposed on -site and off -site; and
(d) the management procedures and engineering measures for assuring that solvents do not
spill or leak into stormwater.
If solvents are not stored or used onsite, the owner must certify that in the SWPPP. The Division
may at is discretion require submittal, review, and approval of the SMP.
B-11. Preventative Maintenance and Good Housekeeping Program
A preventative maintenance and good housekeeping program (PMGHP) shall be developed and
implemented.
The PMGHP shall include:
(a) A schedule of facility and stormwater system inspections, maintenance, and housekeeping
measures for industrial activity areas including, at a minimum, all material storage and
handling areas, disposal areas, process areas, loading and unloading areas, haul roads, and
vehicle maintenance areas. Inspections shall occur at a minimum on a quarterly schedule
(January -March, April -June, July -September, October -December). These facility inspections
are different from, and in addition to, the stormwater and process wastewater discharge
monitoring at the outfalls required in Parts D, E and G of this permit.
(b) A plan for disposing spent lubricants and fuels properly and in accordance with applicable
federal and/or state disposal regulations.
(c) A record of inspections, maintenance, and housekeeping activities.
B-12. Employee Training
Employee training shall be developed and provided on an annual basis for facility personnel
responsible for operations that have the potential to contaminate stormwater runoff. The training
shall be documented by the date, signature, and printed or typed name of each employee trained.
Signatures may be original or electronic.
The annual employee training shall include, at a minimum, the following topics:
(a) General stormwater awareness;
(b) The provisions of the current NCG024000 general permit;
(c) Spill response training;
(d) Used oil management;
(e) Spent solvent management;
(0 Secondary containment releases;
(g) Fueling procedures;
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Permit No. NCG24000
(h) Disposal of spent abrasives;
(i) Sanding, painting, and blasting procedures, and
(j) Used battery management.
13-13. Representative Outfall Status
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
(ROS). 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.
If the Division has granted ROS, documentation from the Division shall be part of the SWPPP. The
permittee shall notify the Division of any site or activity modifications that result in a change to
ROS.
The permittee must request reissuance of ROS by submitting a written request to the Division's
Central Office within thirty (30) days prior to the expiration of this General Permit to maintain ROS.
B-14. Annual SWPPP Review and Update
All aspects of the SWPPP shall be reviewed and updated on an annual basis. The permittee shall
amend the SWPPP whenever there is a change in design, construction, operation, site drainage,
maintenance, or configuration of the physical features which may have a significant effect on the
potential for the discharge of pollutants to surface waters.
In addition, the SWPPP update shall include a review and comparison of sample analytical data to
benchmark values (if applicable) over the past year, including a discussion about Tiered Response
status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form,
available from the Stormwater Permitting Program's website
(httl2s://deq.nc.gov/about/divisions/energy-mineral-land-resources Inpdes-stormwater-gps).
B-15. Annual On -Line SWPPP Certification (Forthcoming)
After the Division's ePermitting system develops the capability to receive this information, the
permittee shall submit an on-line certification that the annual SWPPP review and update has been
completed in a manner that meets the conditions of this permit.
B-16. Notice to Modify the SWPPP
The Director may notify the permittee when the SWPPP does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time
schedule to the Director for modifying the SWPPP to meet minimum requirements. Upon
completion of the modifications, the permittee shall provide certification in writing in accordance
with KK=1 and KK=7 of this permit to the Director that the changes have been made.
B-17. SWPPP Documentation
Copies of the SWPPP shall be maintained on -site and be available electronically to the Division
upon request. These records or copies shall be maintained for a period of at least five years. This
period may be extended by request of the Director at any time [40 CFR 122.41].
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Permit No. NCG24000
PART C: OPERATIONAL REQUIREMENTS
Permitted operations shall be subject to the following operational requirements.
C-1. Operation and Maintenance of Treatment and Control Systems
The permittee shall at all times:
(a) Properly operate and maintain all facilities and systems of treatment and control and
related appurtenances which are installed or used by the permittee to achieve compliance
with the conditions of this permit.
(b) Implement laboratory controls and quality assurance procedures for onsite laboratories
and/or on -site testing.
(c) Operate back-up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of this
permit [40 CFR 122.41(e)].
C-2. Stormwater Control Measure (SCM) Clean -Out
SCMs must be cleaned out when sediment storage capacity equals or exceeds SO percent of the
design sediment volume or if visible sedimentation is leaving the property.
C-3. Residuals Management
The residuals generated from treatment facilities must be disposed of in accordance with applicable
standards and in a manner such as to prevent any pollutants from such materials from entering
waters of the state or navigable waters of the United States.
C-4. Corrective Actions
The permittee shall take corrective actions if: self -inspections required by this permit identify a
need for corrective actions, a facility fails to perform satisfactorily, or a facility creates nuisance
conditions.
Corrective actions shall include, but not be limited to: maintenance, modifications, or additions to
existing control measures, the construction of additional or replacement treatment or disposal
facilities, or implementation of new BMPs. Corrective actions shall be completed as soon as possible
considering adverse weather and site conditions
C-S. Draw Down of Treatment Facilities for Essential Maintenance
The permittee may draw down stormwater treatment facilities if these conditions are met:
(a) Treatment facilities shall be drawn down in manner to ensure benchmarks and/or limits
are met;
(b) Analytical sampling data of the water stored in the treatment facility demonstrates that the
discharge will not exceed benchmarks in this permit. The sampling data shall be collected
no more than 14 calendar days prior to the draw down; and
(c) The drawdown is for essential maintenance to assure efficient operation.
C-6. Bypasses of Stormwater Treatment Facilities
Bypass is prohibited, and the Division may take enforcement action against a permittee for bypass
unless the permittee provides engineering evidence that all three of the following conditions are
met:
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Permit No. NCG24000
(a) The bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary control
facilities, retention of stormwater, or maintenance during normal periods of equipment
downtime or dry weather. This condition is not satisfied if adequate backup controls should
have been installed in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive maintenance;
and
(c) The permittee submitted notices and identified the reason(s) for the bypass as required
under C-9 below.
C-7. Bypasses of Process 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 sections C-7 (a) and (b) below (40 CFR 122.41 (m)(2))
(a) Notice [40CFR 122.41 (m) (3)
Anticipated bypass. If the permittee knows in advance of the need for a
bypass, it shall submit prior notice, if possible at least ten days before the date
of the bypass, including an evaluation of the anticipated quality and effect of
the bypass. Permit Issuing Authority may approve an anticipated bypass, after
considering adverse affects, if Director determines that it will meet the
conditions listed in C-7 (b).
ii. Unanticipated bypass. The permittee shall submit notice within 24 hours of
becoming aware of an unanticipated bypass as required in C-9.
(b) Prohibition of Bypass- bypass is prohibited and the Permit Issuing Authority may take
enforcement action against the permittees for bypass, unless:
iii. Bypass was unavoidable to prevent loss of life, personal injury or sever
property damage; and
iv. 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
V. Treatment facilities have been designed, operated, and maintained to treat
and control the flow from the 2-year, 24-hour storm, plus 2 feet of freeboard
for treatment units where the treatment unit function will accommodate
freeboard. A bypass may not be considered unavoidable except upon
satisfaction of this condition; and
vi. The permittee has a rain gauge record establishing that the bypass occurred as
a result of rainfall in excess of the 2-year, 24-hr storm; and
vii. The permittees submitted notices as required under C-9.
C-8. Upsets
Diversions of stormwater from treatment facilities may be considered as an gpset, rather than a
bypass, if the permittee can demonstrate to the Director that all of the following conditions have
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Permit No. NCG24000
been met. In any enforcement proceeding, the permittee seeking to establish the occurrence of an
upset has the burden of proof.
(a) The permittee demonstrates that the upset was not caused by operational error, improperly
designed treatment or control facilities, lack of preventive maintenance, or careless or
improper operation.
(b) The permittee agrees to take remedial measures if necessary.
(c) The permittee submitted notice of the upset and identified the cause(s) of the upset as
required under Item C-9 below.
C-9. Required Notice for Bypass or Upset
After a permittee becomes aware of an occurrence that must be reported, the permittee shall
contact the appropriate Division regional office within the timeframes and in accordance with the
requirements listed in Table 1 below. Occurrences outside normal business hours may also be
reported to the Department's Environmental Emergency Hotline at [phone].
Table 1: Bypass and Upset Reporting Requirements
Event
[40 CFR 122.41(m)(3)]
Reporting Requirements
Anticipated Bypass
Written report at least ten days prior to the anticipated bypass.
The written report shall include an evaluation of the anticipated
quantity, quality, and effect of the bypass.
Unanticipated Bypass or
Oral or electronic notification within 24 hours of the event,
Upset
and
Written report within 7 calendar days of the event. The written
report shall include an evaluation of the quantity, quality, and effect
of the bypass.
Page 10 of 31

Permit No. NCG24000
PART D: QUALITATIVE MONITORING OF STORMWATER DISCHARGES
The purpose of qualitative monitoring is to implement a quick and inexpensive way to evaluate the
effectiveness of the permittee's SWPPP, to identify the potential for new sources of stormwater
pollution, and to prompt the permittee's response to pollution.
D-1. Visual Inspections
(c) Visual inspections shall be made at each stormwater discharge outfall (SDO) that discharges
stormwater associated with industrial activity unless representative outfall status
specifically for visual monitoring has been approved in writing by the Division.
(d) Visual inspections shall be performed concurrent with required analytical monitoring.
(e) Visual inspections are not required to be performed outside of the facility's normal
operating hours.
(f) Visual inspections shall be recorded on the Division's Stormwater Discharge Outfall
Qualitative Monitoring Report (QMR) form and shall include observations of:
i. Color
ii. Odor
iii. Clarity
iv. Floating Solids
v. Suspended Solids
vi. Foam
vii. Oil Sheen
viii. Deposition at or immediately below the outfall
ix. Erosion at or immediately below the outfall, and
x. Other obvious indicators of stormwater pollution.
(g) Inability to perform inspections because of adverse weather or lack of discharge during the
monitoring period shall not constitute a failure to monitor if the event is documented in the
SWPPP and recorded on the Qualitative Monitoring Report.
D-2. Qualitative Monitoring Response
(a) If the permittee's qualitative monitoring indicates that the SWPPP and/or existing
stormwater BMPs are ineffective, or that significant stormwater contamination is present,
then the permittee shall investigate potential causes, evaluate the feasibility of corrective
actions, and implement those feasible corrective actions within sixty (60) days.
(b) A written record of the permittee's investigation, evaluation, and response actions shall be
kept in the SWPPP.
Page 11 of 31

Permit No. NCG24000
PART E: ANALYTICAL MONITORING OF STORMWATER DISCHARGES
This part applies to industrial stormwater discharges from covered activities.
E-1. Required Baseline Sampling
The permittee shall perform baseline sampling of all stormwater discharge outfalls and/or
authorized representative discharge outfalls in accordance with this part.
(a) Grab samples shall be collected, analyzed, and reported for the parameters listed in Table 2.
(b) Grab samples shall be analyzed for pH within 15 minutes of collection.
(c) The total rainfall amount for each sampling event shall be recorded in inches. Total rainfall
shall be determined from an on -site rain gauge or a regional rain gauge located within one
(1) mile of the facility.
(d) Samples shall be collected from four separate monitoring periods per year unless the
facility is in Tier Two or Tier Three status. A minimum of thirty (30) days must separate
any two sampling events during the following periods:
i. January 1 - March 31
ii. April 1 - June 30
iii. July 1 - September 30.
iv. October 1 - December 31
(e) If the facility was in Tier Two or Tier Three status under the previous permit, the facility
shall continue monthly monitoring and reporting requirements until relieved by the
provisions of this permit or the Division.
E-2. Baseline Sampling Benchmarks
(a) Analytic results for each parameter shall be compared to the benchmark values for the
appropriate receiving stream classification as provided in Table 2. An exceedance of a
benchmark value is not a permit violation; however, failure to respond in accordance with
E-2 (b) below is a permit violation.
(b) An exceedance of any benchmark value shall require a tiered response for that outfall. A
single exceedance of a benchmark value shall require a Tier One response for that outfall.
Two benchmark value exceedances in a row shall require a Tier Two response for that
outfall. Four benchmark exceedances for a parameter within the permit term shall require
a Tier Three response for that outfall.
(c) Baseline sampling benchmarks shall be in accordance with Table 2 below.
Table 2: Summary of Quarterly Baseline Sampling Requirements
Parameter
Parameter
Receiving Stream
Units
Benchmark
Code
Classifications'
C0530
Total Suspended Solids
All'
mg/L
100
(TSS)
Freshwater
Standard
6-9
00400
pHz
Saltwater3
Standard
6.8-8.5
Oxygen Demand
00340
Chemical
All'
mg/L
120
Page 12 of 31

Permit No. NCG24000
310
Biochemical Oxygen
All'
mg/L
30
Demand 5-day
31616
Fecal Coliform
Freshwater
colonies/100
1000/100
mL
61211
Enterococcus
Saltwater3
colonies/100
500/100
mL
CO600
Total Nitrogen
All'
mg/L
30
CO665
Total Phosphorus
All'
mg/L
2
Copper, Total Recoverable
Freshwater
mg/L
0.010
01119
(as Cu)
Saltwater3
mg/L
0.006
Non -Polar Oil & Grease
00552
Per EPA Method 1664 SGT-
All'
mg/L
15
HEM
46529
Total Rainfall of Sampled
_
Inches
-
Event
' Composting facilities are prohibited from discharging to waters classified as ORW, HQW, trout
waters, PNA waters, SA waters, or zero -flow streams Classifications defined in definitions section.
2 Grab samples shall be analyzed for pH within 15 minutes of collection.
3 Composting facilities are prohibited from discharging to SA waters, but are allowed to discharge to
SB or SC waters that would require saltwater requirement.
E-3. Methodology for Collecting Samples
(a) Outfall monitoring efforts shall begin with the first measurable storm event in the
monitoring period that meets all the following conditions:
i. Occurs at least 48 hours after the previous measurable storm event unless E-3 (b)
applies,
ii. Occurs during the facility's normal operating hours,
iii. Does not coincide with adverse weather conditions, and
iv. Is characteristic of the volume and nature of the permitted discharge.
(b) The 48-hour storm interval may not apply if:
i. The permittee is able to document that a shorter interval is representative for
local storm events during the sampling period, and
ii. The permittee obtains approval from the Division's Regional Office.
iii. After authorization by the Division's Regional Office, a written approval letter
must be kept on site in the permittee's SWPPP.
(c) Grab samples shall be collected within the first 30 minutes of discharge from an outfall and
continue until all outfalls that are discharging have been sampled.
(d) Outfalls that are not sampled during the first measurable storm event in the monitoring
period shall be sampled during the next measurable storm event in the monitoring
periountil a sample has been collected.
Page 13 of 31

Permit No. NCG24000
(e) If, during the entire monitoring period, there is no discharge from an outfall during any
measurable storm event then the permittee shall:
i. Report "No Discharge" in the DMR,
ii. Note "No Discharge" in the SWPPP, and
iii. Submit the DMR within 30 days after the end of the monitoring period.
(f) Lack of a discharge from an outfall for the monitoring period shall not constitute failure to
monitor as long as the above permit conditions are met.
(g) If the sampled storm event coincides with a known non-stormwater discharge that is
deemed permitted under 15A NCAC 02 .0106, then this shall be noted on the DMR.
E-4. Locations for Collecting Samples
Samples shall be collected at all stormwater discharge outfalls (SDO) that discharge stormwater
associated with industrial activity. If the Division has issued a representative outfall status
approval letter, then the permittee shall collect samples from all SDOs in accordance with the ROS
approval letter.
(a) All samples shall be taken before the discharge joins or is diluted by any other waste
stream, body of water, or substance.
(b) Monitoring points as specified in this General Permit shall not be changed without written
notification to and approval by the Division [40 CFR 122.41(j)].
E-5. Tier One Response: Single Benchmark Exceedance
The facility will remain in Tier One status until three consecutive samples are under the benchmark
or are inside the benchmark range for all parameters.
(a) If any sampling result is above the benchmark value or outside the benchmark range for any
parameter at any outfall, then the permittee shall respond in accordance with Table 3 to
identify and address the source(s) of that exceedance for that parameter.
(b) Each required response shall be documented in the SWPPP as each action occurs including;
the date and value of the benchmark exceedance or outside benchmark range, the date the
Division's Regional Office was notified of the exceedance, the inspection date, the personnel
conducting the inspection, the selected feasible actions, and the date the selected feasible
actions were completed.
(c) Each exceedance of a benchmark parameter or hit outside benchmark range shall
individually require a Tier One response.
(d) The Tier One response shall be in accordance with Table 3 below.
Page 14 of 31

Permit No. NCG24000
Table 3: Tier One Response for a Benchmark Exceedance
Timeline From
Receipt of
Tier One Required Response/Action
Sampling Results
Continuously
i. Document the exceedance or hit outside benchmark range and each
required response/action in the SWPPP in accordance with E-5(b)
above.
Within two weeks
ii. Notify the Division's Regional Office of the exceedance or hit outside
benchmark range date and value via email or, when it is developed, an
electronic form created by the Division for reporting exceedances.
iii. Conduct a stormwater management inspection.
iv. Identify and evaluate possible causes of the benchmark exceedance or
hit outside benchmark range.
Within one month
v. Select specific, feasible courses of action to reduce concentrations of
the parameter(s) of concern including, but not limited to, source
controls, operational controls, or physical improvements.
Within two months
vi. Implement the selected feasible actions.
E-6. Tier Two Response: Two Consecutive Benchmark Exceedances
The facility will remain in Tier Two status until three consecutive samples are under the
benchmark or are inside the benchmark range for all parameters.
(a) If any two consecutive sampling results in a row for the same parameter are above the
benchmark value at or outside benchmark range for any parameter at an outfall, then the
permittee shall respond in accordance with Table 4 to identify and address the source(s) of
exceedances for that parameter.
(b) After implementing the specific feasible courses of action, perform monthly monitoring at
every outfall where a sampling result exceeded the benchmark value or was outside the
benchmark range for two consecutive samples for all parameters until three samples in a
row are below the benchmark value or are inside the benchmark range.
(c) Each required response shall be documented in the SWPPP as each action occurs including;
the dates and values of the benchmark exceedances or hits outside benchmark range, the
date the Division's Regional Office was notified of the consecutive exceedances, the
inspection date, the personnel conducting the inspection, the selected feasible actions, the
date the selected feasible actions were completed, and the monthly monitoring results.
(d) Each pair of two consecutive exceedances or hits outside benchmark range of a single
benchmark parameter at a single outfall shall constitute an event that requires a Tier Two
response.
(e) The Tier Two response shall be in accordance with Table 4 below.
(f) Alternatively, in lieu of the Tier Two response, the permittee may, after two consecutive
exceedances or hits outside benchmark range, implement a Tier Three response.
Page 15 of 31

Permit No. NCG24000
Table 4: Tier Two Response for Two Consecutive Benchmark Exceedances
Timeline From
Receipt of
Tier Two Required Response/Action
Sampling Results
Continuously
i. Document the exceedance(s) or hits outside benchmark range and
each required response/action in the SWPPP in accordance with E-
6(c) above.
Within two weeks
ii. Notify the Division's Regional Office in writing of the exceedance or hit
outside benchmark range date and value.
iii. Conduct a stormwater management inspection.
iv. Identify and evaluate possible causes of the benchmark exceedance or
hit outside benchmark range.
Within one month
v. Select specific, feasible courses of action to reduce or change
concentrations or values of the parameter(s) of concern including, but
not limited to, source controls, operational controls, or physical
improvements.
Within two months
vi. Implement the selected feasible actions.
vii. Implement monthly monitoring at every outfall where a sampling
result exceeded the benchmark value or was outside benchmark
range for two consecutive samples for all parameters until three
samples in a row are below the benchmark value or within benchmark
range.
E-7. Tier Three Response: Four Benchmark Exceedances Within the Permit Term
The facility will remain in Tier Three status until three consecutive samples are under the
benchmark or are inside the benchmark range for all parameters.
(a) If any four sampling results within the permit term for any single parameter are above the
benchmark value or outside benchmark range at a sampled outfall, then the permittee shall
respond in accordance with Table 5 to identify and address the source of exceedances or
hits outside benchmark range for that parameter at that outfall.
(b) The permittee shall prepare a written Action Plan and submit to the Division's Regional
Office for review and approval within thirty (30) days of receipt of the fourth analytic
monitoring data point that exceeds the benchmark value or is outside benchmark range. At
a minimum, the Action Plan shall include:
i. documentation of the four benchmark exceedances or hits outside benchmark
range,
ii. an inspection report that covers the industrial activities within the drainage area
of the outfall with the exceedances or hits outside benchmark range (including the
date of the inspection and the personnel conducting the inspection),
iii. an evaluation of standard operating procedures and good housekeeping
procedures,
iv. identification of the source(s) of exceedances or hits outside benchmark range,
V. specific actions that will be taken to remedy the identified source(s) with a
schedule for completing those actions, and
vi. a monitoring plan to verify that the Action Plan has addressed the source(s).
Page 16 of 31

Permit No. NCG24000
(c) The permittee shall keep the Action Plan in the SWPPP and document when each specific
action was carried out and by whom.
(d) The permittee shall contact the Division's Regional Office when all actions in the Action Plan
are completed.
(e) The Tier Three response shall be in accordance with Table 5 below.
Table 5: Tier Three Response for Four Benchmark Exceedances Within the Permit Term
Timeline From
Receipt of Fourth
Tier Three Required Response/Action
Sampling Result
Continuously
i. Document the exceedances or hits outside benchmark range and each
required response/action in the SWPPP in accordance with E-7(c)
above.
ii. Implement or continue monthly monitoring for all parameters at the
subject outfall and continue until three samples in a row are below the
benchmark value or inside benchmark range.
Within two weeks
iii. Notify the Division's Regional Office in writing of the affected outfall,
four exceedance or hits outside benchmark range dates and values.
iv. Conduct a stormwater management inspection.
v. Identify and evaluate possible causes of the benchmark exceedances
or hits outside benchmark range.
Within one month
vi. Prepare an Action Plan that should include specific, feasible courses of
action to reduce or change concentrations or values of the
parameter(s) of concern including, but not limited to, source controls,
operational controls, or physical improvements and submit to the
Division's Regional Office for review and approval.
Upon DEQ Approval
vii. Implement the approved Action Plan.
Upon Completion of
Approved Action
viii. Notify the Division's Regional Office of Action Plan completion.
Plan
Page 17 of 31

Permit No. NCG24000
PART F: AUTHORIZED PROCESS WASTEWATER DISCHARGES
F-1. Authorized Process Wastewater Discharges
(a) All proposed process wastewater discharges shall be specifically listed in Notice of Intent
(b) The permittee is only authorized to discharge process wastewater specifically identified in the
Notice of Intent and approved by the Division by issuance of the COC
(c) Process wastewater as defined in NPDES federal regulations at 40CFR122.2, "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 materials, intermediate product,
finished product, byproduct, or waste product."
(d) Process wastewater includes flows originating from contact with less effectively composted
final products. In accordance with NC General Statute 143-214.7A, for large Type 1 composting
facilities, stormwater discharge that has come into contact with feedstock, intermediate
product, or final product at the facility will not be considered process wastewater.
(f) Process wastewater discharges that may be authorized under this general permit are
limited to the following. Any of those wastewaters commingled with stormwater shall be
considered wastewater:
i. Process wastewater,
ii. Comingle stormwater and wastewater, and
iii. Discharges from recycle systems.
(g) Process wastewater discharges generated by any other activity shall not be authorized under
this permit, except allowable non stormwater discharge permitted by 15A NCAC 21-1.0106 (f).
F-2. Commingle Stormwater and Wastewater
(a) If process wastewaters commingle with stormwater prior to discharge, then permittee shall
sample the combined discharge as a wastewater discharge.
(b) Sampling shall be performed during the discharge. These events may or may not be associated
with rainfall.
F-3. Discharges from Recycle Systems
Authorized process wastewater discharges (overflows) from a recycle system to surface waters are
subject to the provisions, monitoring requirements, and effluent limitations in this General Permit.
Page 18 of 31

Permit No. NCG24000
PART G: ANALYTICAL MONITORING OF PROCESS WASTEWATER DISCHARGES
G-1. Sampling Schedule
(a) Process wastewater discharges shall be monitored quarterly beginning on July 1, 2022.
Samples shall be collected from four separate monitoring periods per year. A minimum of
thirty (30) days must separate any two sampling events during the following periods:
i. January 1 - March 31
ii. April 1 - June 30
iii. July 1 - September 30
iv. October 1 - December 31
G-2. Parameters and Limitations
(a) Process wastewater discharges shall not exceed the effluent limitations provided in Table 6
(b) Permittee shall collect and analyze grab samples of wastewater effluent for TSS, pH, BODS,
Fecal Coliform and Non -Polar Oil and Grease at each wastewater outfall
(c) Grab samples shall be collected, analyzed, and reported for the parameters listed in Table 6.
(d) Grab samples shall be analyzed for pH within 15 minutes of collection.
(e) Permittees discharging wastewater to receiving waters classified as SB and SC shall also collect
and analyze grab samples of wastewater effluent for Enterococcus
(f) Daily flow rate shall be recorded by a continuous flow measurement instrument. Alternatively,
pump curves and pump logs may be used as a means to calculate the daily flow rate
(g) Effluent limitations for wastewater discharges shall be in accordance with Table 6 below.
(h) If no discharge occurs during the sampling period, the permittee shall record "No Flow" or "No
Discharge" within 30 days of the end of the sampling period in the facility's monitoring records.
Table 6: Summary of Quarterly Baseline Sampling Requirements
Parameter
Receiving
Effluent Limitations
Code
Parameter
Stream
Units
Classifications'
Quarterly
Daily
Average
Maximum
Total Suspended
30
C0530
Solids (TSS)
All
mg/L
45
Freshwater
Standard
6-9
6-9
00400
pHz
Saltwater3
Standard
6.8-8.5
6.8-8.5
Biochemical
All
30
310
Oxygen Demand
mg/L
45
5-day
31615
Fecal Coliform
All
colonii s/100
200/100
400/100
mL
61211
Enterococcus
Saltwater
colonies/100
500/100
500/100
mL
00552
Non -Polar Oil &
All
mg/L
15
Grease
Page 19 of 31

Permit No. NCG24000
Per EPA Method
1664 SGT-HEM
46529 Total Rainfall of _ Inches Sampled Event
1 Composting facilities are prohibited from discharging to waters classified as ORW, HQW, trout
waters, PNA waters, SA waters, or zero -flow streams
2 Grab samples shall be analyzed for pH within 15 minutes of collection.
3 Composting facilities are prohibited from discharging to SA waters, but are allowed to discharge to
SB or SC waters that would require saltwater requirement.
Page 20 of 31

Permit No. NCG24000
PART H CONSTRUCTION AND OPERATION OF WASTEWATER TREATMENT FACILITY
Composting facilities involving construction and operation of wastewater treatment facilities for
authorized process wastewater discharges are subject to construction and operation requirements
for treatment facilities as outlined in Sections H-1 and H-2.
H-1. Requirements following construction of new or expanding wastewater treatment
facilities
Permittee shall notify the DEMLR Regional Office at least seventy-two (72) hours in advance of
operation of the installed facilities 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.
H-2. Requirements for operation of wastewater treatment facilities
Existing, new, and expanding wastewater treatment facilities for covered wastewater discharges
shall be subject to the following operational requirements:
(a) Operation and maintenance of treatment facilities must be in accordance with the requirements
in this General Permit. For the purposes of this permit, no documentation other than a signed
Certificate of Coverage (COC) is required to operate an existing treatment facility.
(b) Diversion or bypass of untreated process wastewater from a wastewater treatment facility is
prohibited except under provisions of this permit in Part J.
(c) In the event, that the wastewater treatment facility fails to perform satisfactorily, including the
creation of nuisance conditions, the permittee shall take immediate corrective action, including
those actions that may be required by the Division, such as the construction of additional or
replacement treatment or disposal facilities.
(d) 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 wastewater treatment facility.
(e) Any discharge from a treatment system to groundwater must protect the groundwater
standards specified in 15A NCAC 02L, Groundwater Quality Standards. Contact the Division of
Water Resources (DWR) Non -discharge Permitting Program for more information.
(f) Any groundwater quality monitoring, as deemed reasonably necessary by the Division, shall be
provided.
(g) Flocculants evaluated by the Division may be used if administered in accordance with
maximum application doses and any other current requirements. No other chemical flocculants
shall be used in the treatment facility without prior written authorization from the Division.
Polyacrylamide (PAMS) information can be found through the Stormwater Program website.
(h) All discharges of process wastewater will be monitored in accordance with Part G of this
permit.
(i) A list of detergents, additives, polymers, brighteners and any other solvent, cleaning agents, or
like chemicals used on site in the industrial process, must be kept on site and up to date.
Additionally, this list shall include use schedule, quantity, MSDS sheets and aquatic toxicology
data (if available). If phosphate -containing detergents are used on site, a feasibility study must
be performed to show the viability of using phosphate -free detergents. The feasibility study
shall be kept on the site and updated annually.
Page 21 of 31

Permit No. NCG24000
(j) A record of unauthorized wastewater releases to surface waters, wetlands, or ground surface
from closed -loop recycle systems permitted by the DWR's Non -discharge Permitting Program
shall be documented and kept on site for a period of five (5) years, when stormwater discharges
from these sites are permitted under NCG240000.
Page 22 of 31

Permit No. NCG24000
PART I: SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)
Federal regulations required electronic submittal of all discharge monitoring reports (DMRs) and
program reports. The final NPDES Electronic Reporting Rule was adopted and become effective on
December 21, 2015 [GS 143-215.1]
I-1. Submittal of Discharge Monitoring Reports
For COCs issued between March 1-31, June 1-30, September 1-30, or Dec 1-31, sampling shall not
commence until the next sampling period following initial issuance of the COC.
I-2. Submittal Process before Electronic Discharge Monitoring Reporting (eDMR)
Prior to eDMR, samples analyzed in accordance with the terms of this General Permit shall be
reported as follows:
(a) Sample results shall be recorded on Discharge Monitoring Report (DMR) forms provided by
the Director. DMR forms are available on the Division's website
https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-industrial-
stormwater.)
(b) DMRs shall be signed and certified by a person meeting the Signatory requirements in KK=1.
(c) Original, signed DMR forms shall be scanned and uploaded to the electronic DMR submittal
form, which can be found by typing "deq.nc.gov/SW-Industrial" into a browser window and
hitting "enter."
(d) Then, the original signed DMR Forms shall be mailed or otherwise delivered to the
appropriate Regional Office, which is indicated at: https://deq.nc.gov/contact/regional-
offic e �s.
I-3. Submittal Process after Electronic Discharge Monitoring Reporting (eDMR)
Permittees shall be notified by the Division when it is time to register and begin reporting in eDMR.
Information about eDMR can be found by typing "https://deq.nc.gov/deq.nc.govlsw-edmr" into a
browser window and hitting "enter."
I-4. Results Below Detection Limits
When results are below detection limit, they shall be reported in the format, "<XX mg/L," where XX
is the numerical value of the detection limit.
I-5. Occurrences of No Discharge
If no discharge occurs during the sampling period, the permittee must record within 30 days of the
end of the sampling period in the facility's monitoring records. "No Flow" or "No Discharge" shall be
reported on the Discharge Monitoring Report (DMR).
I-6. Reports if More Frequent Monitoring Has Occurred
If the permittee monitors any pollutant more frequently than required by this General Permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this
General Permit, the results of such monitoring shall be included in the data submitted on the DMR.
Analytical results within the monitoring period shall be submitted no later than 30 days from the
date the facility receives all the sampling results. For purposes of benchmark comparison and
Tiered response actions, the permittee shall use the analytical results from the first sample with
Page 23 of 31

Permit No. NCG24000
valid results. The permittee is encouraged to take more samples than required during a monitoring
period to help identify potential causes of exceedances or values outside benchmark range. When
taking additional samples, the permittee may not use the additional sample with lowest results for
compliance purposes to avoid taking actions to identify causes of parameter exceedances.
Additional sampling is only for informational purposes.
I-7. Report if Begin Discharging to a Waterbody Not Listed on the COC
The permittee shall request a modification to the COC from the Division prior to discharging from a
new SDO to a waterbody that is not listed on the most current COC.
I-8. Qualitative Monitoring Reports
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site.
Qualitative monitoring results shall not be submitted to the Division, except upon the Division's
specific requirement to do so. Qualitative Monitoring Report forms are available on the Division's
website (https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-stormwater-
gp—s)
I-9. Monitoring Report Retention
Copies of the following reports shall be maintained on site or be available electronically to the
Division upon request. These records or copies shall be maintained for a period of at least 5 years
from the date of the sample, measurement, report or Notice of Intent application. This period may
be extended by request of the Director at any time [40 CFR 122.41].
(a) Calibration and maintenance records,
(b) Original strip chart recordings for continuous monitoring instrumentation,
(c) Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report submissions,
(d) Visual monitoring records, and
(e) Copies of all data used to complete the Notice of Intent to be covered by this General Permit.
Page 24 of 31

Permit No. NCG24000
PART J: OTHER OCCURENCES THAT MUST BE REPORTED
After a permittee becomes aware of an occurrence that must be reported, the permittee shall
contact the appropriate Division regional office within the timeframes and in accordance with the
other requirements listed in Table 7 below. Occurrences outside normal business hours may also
be reported to the Department's Environmental Emergency Center personnel at [phone].
Table 7: Other Occurrences that Shall Be Reported
Occurrence
Reporting Timeframes (After Discovery) and
Other Requirements
Visible sedimentation in a stream
(a)
Within 24 hours, an oral or electronic notification.
or wetland
(b)
Within 7 calendar days, a report that contains a description of the
sediment and actions taken to address the cause of the deposition.
Division staff may waive the requirement for a written report on a
case -by -case basis.
(c)
If the stream is listed as impaired on the DWR Integrated Report
for sediment -related causes, the permittee may be required to
perform additional monitoring, inspections or apply more
stringent practices if staff determine that additional requirements
are needed to assure compliance with the federal or state
impaired -waters conditions.
Oil spills if they are:
• 25 gallons or more,
• less than 25 gallons but cannot
(d)
Within 24 hours, an oral or electronic notification. The
be cleaned up within 24 hours,
notification shall include information about the date, time, nature,
• cause sheen on surface waters
volume and location of the spill or release.
(regardless of volume), or
• within 100 feet of surface waters
(regardless of volume)
Releases of hazardous substances
in excess of reportable quantities
under Section 311 of the Clean
(e)
Within 24 hours, an oral or electronic notification. The
Water Act Ref: 40 CFR 110.3and 40
notification shall include information about the date, time, nature,
CFR 117.3) or section 102 of
volume and location of the spill or release.
CERCLA (Ref: 40 CFR 302.4) or G.S.
143-215.85
Anticipated bypasses
(f)
A report at least ten days before the date of the bypass, if
[40 CFR 122.41(m)(3)]
possible. The report shall include an evaluation of the anticipated
quality and effect of the bypass.
Unanticipated bypasses
(g)
Within 24 hours, an oral or electronic notification.
[40 CFR 122.41(m) (3)]
(h)
Within 7 calendar days, a report that includes an evaluation of
the quality and effect of the bypass.
Noncompliance with the
(i)
Within 24 hours, an oral or electronic notification.
conditions of this permit that may
(j)
Within 7 calendar days, a report that contains a description of the
endanger health or the
noncompliance, and its causes; the period of noncompliance,
environment
including exact dates and times, and if the noncompliance has not
[40 CFR 122.41(1) (7)]
been corrected, the anticipated time noncompliance is expected to
continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. [40 CFR 122.41(1)(6).
(k)
Division staff may waive the requirement for a written report on a
case -by -case basis.
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Permit No. NCG24000
PART K: PERMIT ADMINISTRATION
K-1. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed
and certified [40 CFR 122.41(k)].
(a) All Notices of Intent to be covered under this General Permit shall be signed as follows:
For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary,
treasurer or vice president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more
manufacturing, production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the operation of the
regulated facility including having the explicit or implicit duty of making major
capital investment recommendations, and initiating and directing other
comprehensive measures to assure long term environmental compliance with
environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and
accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
ii. For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
iii. For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official [40 CFR 122.22].
(b) All reports required by this General Permit and other information requested by the Permit
Issuing Authority shall be signed by a person described in paragraph (a) above or by a duly
authorized representative of that person. A person is a duly authorized representative only
if.
i. The authorization is made in writing by a person described above;
ii. 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
iii. The written authorization is submitted to the Permit Issuing Authority [40
CFR 122.22].
(c) Changes to authorization: If an authorization under paragraph (b) of this section is no
longer accurate because a different individual or position has responsibility for the overall
operation of the facility, a new authorization satisfying the requirements of paragraph (b) of
this section must be submitted to the Director prior to or together with any reports,
information, or applications to be signed by an authorized representative [40 CFR 122.22].
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Permit No. NCG24000
(d) Any person signing a document under paragraphs (a) or (b) of this section, or submitting an
electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.22]. No
other statements of certification will be accepted.
"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 forgathering
the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."
K-2. General Permit Expiration
General permits will be effective for a term not to exceed five years, at the end of which the Division
may renew them after all public notice requirements have been satisfied. If a general permit is
renewed, existing permittees do not need to submit a renewal request or pay a renewal fee unless
directed by the Division. New applicants seeking coverage under a renewed general permit must
submit a Notice of Intent (NOI) to be covered and obtain a Certificate of Coverage under the
renewed general permit [15A NCAC 02H .0127(e)].
K-3. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged [40
CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in
the General Permit or subject to notification requirements under 40 CFR Part 122.42 (a).
K-4. Transfers
This General Permit is not transferable to any person without prior written notice to and approval
from the Director in accordance with 40 CFR 122.61. The Director may condition approval in
accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require
modification or revocation and reissuance of the Certificate of Coverage, or a minor modification, to
identify the new permittee and incorporate such other requirements as may be necessary under the
CWA [40 CFR 122.41(1)(3),122.61] or state statute. The permittee is required to notify the Division
in writing in the event the permitted facility is sold or closed.
K-5. When an Individual Permit May be Required
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;
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Permit No. NCG24000
(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.
K-6. 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.
K-7. General Permit Modification, Revocation and Reissuance, or Termination
The issuance of this General Permit does not prohibit the Permit Issuing Authority 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.
K-8. Certificate of Coverage Actions
Coverage under the 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 [40 CFR 122.41(f)].
K-9. Requirement to Report Incorrect Information
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 submitted incorrect information in that Notice of Intent
application or in any report to the Director, it shall promptly submit such facts or information [40
CFR 122.41(1)(8)].
K-10. Waivers from Electronic Reporting
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements
may be granted and discharge monitoring data may be submitted on paper DMR forms or
alternative forms approved by the Director.
To obtain a temporary electronic reporting waiver, the permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting waivers
must be submitted in writing to the Division for written approval at least sixty (60) days prior to
the date the facility would be required under this permit to begin submitting monitoring data and
reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire.
At such time, monitoring data and reports shall be submitted electronically to the Division unless
the permittee re -applies for and is granted a new temporary electronic reporting waiver by the
Division. Approved electronic reporting waivers are not transferrable. Only permittees with an
approved reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
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Permit No. NCG24000
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page: https:IIdeg.nc.gov/about/divisions/water-resources/edmr
K-11. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke coverage under the
General Permit.
K-12. 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.
K-13. 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. If no approved methods are
determined capable of achieving minimum detection and reporting levels below the General Permit
discharge requirements, then the most sensitive (method with the lowest possible detection and
reporting level) approved method must be used.
K-14. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Clean Water Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division. 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 Clean Water Act.
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Permit No. NCG24000
PART L: COMPLIANCE AND LIABILITY
L-1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
(a) Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12
months of the effective date of the Certificate of Coverage and updated thereafter on an
annual basis. Secondary containment, as specified in B-9 of this General Permit, shall be
accomplished within 12 months of the effective date of the issuance of the Certificate of
Coverage.
(b) New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention
Plan shall be developed and implemented prior to the beginning of discharges from the
operation of the industrial activity and be updated thereafter on an annual basis. Secondary
containment, as specified in BB=9 of this General Permit shall be accomplished prior to the
beginning of discharges from the operation of the industrial activity.
(c) Existing facilities previously permitted and applying for renewal under this General Permit:
All requirements, conditions, limitations, and controls contained in this permit (except new
SWPPP elements in this permit renewal) shall become effective immediately upon issuance
of the Certificate of Coverage. New elements of the Stormwater Pollution Prevention Plan
for this permit renewal shall be developed and implemented within 6 months of the
effective date of this General Permit and updated thereafter on an annual basis. Secondary
containment, as specified in BB=9 of this General Permit shall be accomplished prior to the
beginning of discharges from the operation of the industrial activity.
L-2. Duty to Comply
The permittee must comply with all conditions of this General Permit. Any permit noncompliance
constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal
application [40 CFR 122.41].
(a) The permittee shall comply with standards or prohibitions established under section 307(a)
of the CWA for toxic pollutants within the time provided in the regulations that establish
these standards or prohibitions, even if the General Permit has not yet been modified to
incorporate the requirement [40 CFR 122.41].
(b) The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or
405 of the Act, or any permit condition or limitation implementing any such sections in a
permit issued under section 402, or any requirement imposed in a pretreatment program
approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not
to exceed $25,000 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)].
(c) The CWA provides that any person who negligently violates sections 301, 302, 306, 307,
308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections
in a permit issued under section 402 of the Act, or any requirement imposed in a
pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject
to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more
than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c) (1) and 40
CFR 122.41(a)(2)].
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Permit No. NCG24000
(d) Any person who knowingly violates such sections, or such conditions or limitations is
subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. In the case of a second or subsequent conviction for a
knowing violation, a person shall be subject to criminal penalties of not more than $100,000
per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2)
and 40 CFR 122.41(a) (2)].
(e) Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any of such sections in a permit
issued under section 402 of the Act, and who knows at that time that he thereby places
another person in imminent danger of death or serious bodily injury, shall, upon conviction,
be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years,
or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment
of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii)
of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to
a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or
subsequent convictions [40 CFR 122.41(a)(2)].
(f) Under state law, a civil penalty of not more than $25,000 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 [North Carolina General Statutes § 143-215.6A].
(g) Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act.
Administrative penalties for Class I violations are not to exceed $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 II penalty not to exceed $125,000. [33
USC 1319(g)(2) and 40 CFR 122.41(a)(3)].
L-3. 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 [40 CFR 122.41(d)].
L-4. Civil and Criminal Liability
Except as provided in Part C-6 of this General Permit regarding bypassing of stormwater control
facilities, nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or
Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance
may be temporarily suspended.
L-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.
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Permit No. NCG24000
L-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 [40
CFR 122.41(g)].
L-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 [NCGS 15013-23].
L-8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating the COC issued pursuant to this General Permit
or to determine compliance with this General Permit. The permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required to be kept by this General Permit [40
CFR 122.41(h)].
L-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 [40 CFR 122.41].
L-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 [40 CFR 122.41].
L-11. Onshore or Offshore Construction
This General Permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
L-12. Duty to Reapply
Dischargers covered by this General Permit need not submit a new Notice of Intent (NOI) or
renewal request unless so directed by the Division. If the Division chooses not to renew this General
Permit, the permittee will be notified to submit an application for an individual permit [15A NCAC
02H .0127(e)].
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Permit No. NCG24000
L-13. 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 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 permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location [40 CFR 122.41(i)].
L-14. 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 [40 CFR 122.41(c)].
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Permit No. NCG24000
PART M: DEFINITIONS
Additional definitions for the NPDES Program may be found in federal rule at 40 CFR Part 122.2
Act
See Clean Water Act.
Adverse Weather
Weather conditions are those that are dangerous or create inaccessibility for personnel, such as
local flooding, high winds, or electrical storms, or situations that otherwise make sampling
impractical. When adverse weather conditions prevent the collection of samples during the sample
period, the permittee must take a substitute sample or perform a visual assessment during the next
qualifying storm event. Documentation of an adverse event (with date, time, and written narrative)
and the rationale must be included with your SWPPP records. Adverse weather does not exempt
the permittee from having to file a monitoring report in accordance with the sampling schedule.
Adverse events and failures to monitor must also be explained and reported on the relevant DMR.
Allowable Non-Stormwater Discharges
This General Permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system include:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without
added chemicals, springs, discharges of uncontaminated potable water, waterline and fire
hydrant flushings, water from footing drains, irrigation waters, flows from riparian habitats
and wetlands.
(c) Discharges resulting from fire -fighting, or emergency shower oreye wash as a result of use
in the event of an emergency.
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: htti2s://www.el2a.gov/npdes/national-menu-best-management-practices-bmps-
stormwater#edu.
Bulk Storage of Liquid Materials
Liquid raw materials, in -process liquids and reactants, manufactured products, waste materials or
by-products contained in a single above ground container, tank, or vessel having a capacity of
greater than 660 gallons or contained in multiple above ground containers, tanks, or vessels located
in close proximity to each other having a total combined capacity of greater than 1,320 gallons.
Bypass
The known diversion of stormwater from any portion of a control facility including the collection
system, or the diversion of waste streams from any portion of a treatment facility including the
collection system, which is not a designed or established operating mode for the facility.
Certificate of Coverage (COC)
The cover sheet which accompanies a general permit upon issuance and lists the facility name,
location, receiving stream, river basin, effective date of coverage under the general permit, and is
signed by the Director.
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Permit No. NCG24000
Clean Water Act (CWA)
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC
1251, et. seq.
Division
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality (DEQ),
formerly the Department of Environment and Natural Resources.
Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
EMC
The North Carolina Environmental Management Commission.
Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (analytically or
qualitatively) should be taken within the first 30 minutes of discharge.
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
High Quality Waters (HQW)
Supplemental classification intended to protect waters which are rated excellent based on
biological and physical/chemical characteristics through Division monitoring or special studies, or
HQW by definition:
(a) Water Supply Watershed I (WS-I),
(b) Water Supply Watershed II (WS-II),
(c) SA waters (commercial shellfish),
(d) Outstanding Resource Waters (ORW),
(e) Primary Nursery Areas and other functional nursery areas designated by Marine Fisheries
Commission, or
(f) Waters for which the Division of Water Resources has received a petition for reclassification
to either WS-1 or WS-11 (15A NCAC 0213.0200).
Impaired Water
A water that has one or more parameters (biological and/or chemical) that exceed water quality
standards.
Measurable Storm Event
A storm event that results in an actual discharge from the permitted site outfall.
Municipal Separate Storm Sewer System (MS4)
A stormwater collection system within an incorporated area of local self-government such as a city
or town.
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Permit No. NCG24000
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. The Division's Regional Office 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).
Notice oflntent (NOI)
The state application form which, when submitted to the Division, officially indicates the facility's
notice of intent to seek coverage under a general permit.
Outstanding Resource Water (ORW)
Supplemental classification intended to protect unique and special waters having excellent water
quality and being of exceptional state or national, ecological or recreational significance. To qualify,
waters must be rated Excellent by DWQ, and have one of the following outstanding resource values:
(a) Outstanding fish habitat and fisheries,
(b) Unusually high level of water -based recreation or potential for such kind of recreation,
(c) Some special designation such as N.C. Scenic/Natural River, or National Wildlife Refuge,
(d) Important component of state or national park or forest; or
(e) Special ecological or scientific significance (rare or endangered species habitat, research or
educational areas).
All ORWs are HQW by supplemental classification. (15A NCAC 0213 .0200)
Permit Issuing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above).
Permittee
The owner or operator issued a Certificate of Coverage pursuant to this General Permit.
Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any
pipe, ditch, channel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the State.
Primary Nursery Area (PNA)
Tidal saltwaters which provide essential habitat for the early development of commercially
important fish and shellfish and are so designated by the Marine Fisheries Commission.
(15A NCAC 0213.0200)
Process Wastewater
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 See Code of Federal Regulations in 40 CFR Part 122.2.
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Permit No. NCG24000
Representative Outfall Status (ROS)
When it is established that the discharge of stormwater runoff from a single outfall is representative
of the discharges at multiple outfalls, the Division's Regional Office may grant representative outfall
status. ROS allows the permittee to perform analytical monitoring at a reduced number of outfalls.
SA Waters
Tidal saltwaters that are used for shellfishing for marketing purposes and are also protected for all
Class SC and Class SB uses. All SA waters are also HQW by supplemental classification. (15A NCAC
02B .0200)
Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to contain the 25-year. 24-hour storm event.
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 (EPCRA) of 1986;
(b) Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
(c) Meets at least one of the following criteria:
• 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);
• Is listed as a hazardous substance pursuant to section 311(b) (2) (A) of the CWA
at 40 CFR 116.4; or
• Is a pollutant for which EPA has published acute or chronic water quality criteria.
Severe Property Damage
Substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably
be expected to occur in the absence of a bypass. Severe property damage does not mean economic
loss caused by delays in production.
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 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 110.3 and 40 CFR 117.3) or
section 102 of CERCLA (Ref: 40 CFR 302.4).
Stormwater Control Measure (SCM)
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Permit No. NCG24000
A permanent structural device that is designed, constructed, and maintained to remove pollutants
from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle
by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a
combination thereof.
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.
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 (SWPPP)
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.
Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be
found at https://deq.nc.gov/about/divisions/water-resources/12lanning/modeling-
assessment/tmdls.
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a) (1) of the Clean Water Act.
Trout Water (Tr)
Supplemental classification intended to protect freshwaters for natural trout propagation and
survival of stocked trout on a year round basis. This is not the same as the N.C. Wildlife Resources
Commission's Designated Public Mountain Trout Waters (15A NCAC 0213 .0200).
Upset
An exceptional incident in 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, washing, sanding, painting, fueling, lubrication, vehicle
cleaning operations, or airport deicing operations.
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Permit No. NCG24000
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.
10 year, 24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average,
once in 10 years.
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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