HomeMy WebLinkAboutNC0003719_Permit (Modification)_20050204NPDES DOCUHENT :;CANNING COVER :SHEET
NC0003719
Cedar Creek site WWTP
NPDES Permit:
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Correspondence
Owner Name Change
Approval
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
February 4, 2005
This document is primed on reuse paper - ignore any
content on the reirerse Bide
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 4, 2005
Anthony Hudson
DAK Americas, LLC
P.O. Box 1690
Fayetteville, North Carolina 28382
Subject: NPDES Permit Modification
Permit NC0003719
DAK Americas, LLC - Cedar Creek Site
formerly Monsanto Co.
Cumberland County
Dear Mr. Hudson:
Division personnel have reviewed and approved your request to transfer ownership of the subject permit,
received on December 18, 2004. This permit modification documents the change in ownership.
Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain
unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General
Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental
Protection Agency.
If you have any questions concerning this permit modification, please contact the Point Source Branch at (919)
733-5083, extension 363.
cc:
C'mtral Files
Fayetteville Regional Office, Water Quality Section
Roosevelt Childress, EPA Region 4
Aquatic Toxicity Unit
NPDES Unit File
one NhCarolina
,Alalurnlly
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (9I9) 733-7015 Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St.
Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748
Permit NC0003719
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
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,
DAK Americas, LLC
is hereby authorized to discharge wastewater from a facility located at
DAK Americas, LLC - Cedar Creek Site
3468 Cedar Creek Road
Fayetteville
Cumberland County
to receiving waters designated as the Cape Fear River in the Cape Fear River Basin
in accordance with effluent limitations, monitoring requirements and other
conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective February 4, 2005.
This permit and authorization to discharge shall expire at midnight on October 31, 2006.
Signed this day February 4, 205.
W. Klimek, PE, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit NC0003719
SUPPLEMENT TO PERMIT COVER SHEET
DAK Americas, LLC, is hereby authorized to:
1. Continue to operate an existing 1.25 MGD wastewater treatment facility consisting
of flow equalization, spill basin, pH adjustment, oil skimming, comminute, dual
aeration basins, clarifier, parshall flume, sludge pump station, dual aerobic
digesters, aerated biosolids holding basin, biosolids drying beds and other
associated equipment located at DAK Americas, LLC - Cedar Creek Site, on NC
Highway 53, south of Fayetteville in Cumberland County.
2. Upon closure and clean-up of the DAK Americas, LLC - Cedar Creek Site, continue
to operate an existing 1.25 MGD wastewater treatment facility with a permitted
discharge of 0.5 MGD consisting of flow equalization, spill basin, pH adjustment,
oil skimming, comminute, dual aeration basins, clarifier, parshall flume, sludge
pump station, dual aerobic digesters, aerated biosolids holding basin, biosolids
drying beds and other associated equipment located at DAK Americas, LLC -
Cedar Creek Site on NC Highway 53, south of Fayetteville in Cumberland County.
3. Discharge water from said treatment works at the location specified on the
attached map into the Cape Fear River which is classified C waters in the Cape
Fear River Basin
4. Upon sale of the DAK Americas, LLC - Cedar Creek Site facility, the new owner
shall request a modification to the NPDES permit and complete a new application
for discharge in accordance with special condition A. (5.) for an ultimate permitted
flow of 1.25 MGD.
5. Discharge stormwater from the outfall specified on the attached map (and other
outfalls specified in the July 31, 1992 stormwater permit application) into the
Cape Fear River which is classified C waters in the Cape Fear River Basin.
Any other point source discharge to surface waters of the state is prohibited
unless covered by another permit, authorization or approval.
This permit does not relieve the permittee from responsibility for compliance
with any other applicable federal, state, or local law, rule, standard, ordinance,
order, judgement or decree.
NC0003719 — DAK Americas, LLC
Latitude:
Longitude:
Quad #:
Stream Class:
Receiving Stream:
Permitted How
34°58'0.4" Sub -Basin: 03-06-15
78°46'58"
H23NE/Cedar Creek, NC
C
Cape Fear River
1.25 MGD (002) and no limit (WI)
Facility idaduipp,
Location
DAK Americas, LLC
DAK Americas, LLC- Cedar Creek Site
NC0003719
Permit NC0003719
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on the effective date of this permit and lasting until June 30, 2006, the Permittee is
authorized to discharge from outfall 002. Such discharges shall be limited and monitored by the Permittee as
specified below:
Effluent Characters i.
Row
1.25 MGD
• Measurement
Continuous
Recording
Influent or Effluent
Total Suspended Solids ('[SS)
457.0 bfday
914.0 biday
3IVYeeic
Composite
Effluent
BOD5, 20°C (April 1— October 31)
BOD5, 200C (November 1— March
31)
191.0 Iblday
382.0 IbJday
_ 382.0 bJday
764.0 b./day
3/week
3/veek
Composite
Composite
Effluent
Effluent
COD
5000.0 lb./day
8000 b./day
Composite
Effluent
NH3-N (April 1-0ctcber 31)
35.0 b /day
70.0 b./day
Composite
Effluent
NH3-N (November 1— Mardi 31)
70.0 lb/day
140.0 b./day
3/week
Composite
Effluent
Fecal Coition (gamic mean)
3/week
Grab
Effluent
Total Nitrogen (NO2 + NO3 + TKN)
Quaitedy
Composite
Effluent
Total Phosphorus
Quarterly
Composite
Effluent
Giyphosate3
2hnonth
Composite
Effluent
Total Residual Chlorine
3/Week
Grab
Effluent
Acute Taddtf
Quarterly
Composite
Effluent
pH'
Dissolved 0xygen5
• weekly
Grab
Grab
Effluent
Effluent
Dissolved Oxygen5
(June 1— September 30)
3Aveek
Grab
Upstream,
DownstreamV
Temperature (eC)
Temperaue (eC)
(June 1— September 30)
Weekly
3lweek
Grab
Grab
Effluent
Upstream,
Downstrearnu
Conductivity
(.hare 1— September 30)
Grab
Upstream,
Down
Notes:
1 Sample locations: Upstream — upstream 2 miles from outfall; Downstream — downstream, 100 yards upstream of Lock and
Dam #3.
2 Whole Effluent Toxicity shall be measured by a P/F at 90% acute toxicity test using Fathead Minnow. Test shall be
conducted in February, May, August and November. See Part A. (5.). Samples for toxicity testing shall be collected at the
combined outfall box located below outfalls 001 and 002.
3 Once cleanup of glyphosate production area is complete, DAK Americas, LLC shall submit a letter to the Division giving the
shutdown and cleanup dates. After this date, DAK Americas, LLC shall sample for glyphosate six (6) additional times over
the course of three months. If these samples result in non -detects for glyphosate, glyphosate monitoring may be
terminated. If glyphosate is detected, the source should be identified and cleaned; glyphosate monitoring shall continue
until such point at which it is not detected in six (6) samples.
4 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
5 The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L. Effluent samples for dissolved
oxygen testing shall be collected at the combined outfall box located below outfalls 001 and 002.
6 Insheam monitoring shall be conducted as follows: 3/week June 1— September 30; 1/weelc October 1-May 31.
7 As a participant in the Middle Cape Fear River Basin Association, the instream monitoring requirements as stated above are
waived. Should your membership in the agreement be terminated, you shall notify the Division immediately and the
instream monitoring requirements specified in your permit shall be reinstated.
Permit NC0003719
There shall be no chromium, zinc, or copper added to the treatment system except as pre -approved
additives to biocide compounds or that which results from the normal degradation of piping and
equipment used in process units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQIREMENTS - FINAL
During the period beginning on the effective date of the permit and lasting until October 31, 2006, the Permittee
is authorized to discharge from outfall 002. Such discharges shall be limited and monitored by the Permittee as
specified below:
y it ai
i .3o t
• f.�?! ' .'l.' a.:
�: 4
l.n.- � .. . .r e. t`
..t _.t. 1
. l'Sµ1:Ci J'•t :1
MlGonitoriag:_Requirements
t F'X✓tf K ••C9=.t Yi`+Y'Y
•lFfr
r,.t'yi�l
•
�..3'.c` k. o
d1-k'.S':{1
. } Ty,
�
"j 4 @
in•SS;1: .,
}t,i ;I3}, ,. `- `Yt.+,:
Acsnaptthene
0.107
0.040,
Annual
Grab
E.
Acanaphthylene
0.107
0.040
Annual
Grab
E
Acrybnibile
0.440
0.174
Armuai
Grab
E
Anthracene
0.107
0.040
Annual
Grab
E
Benzene
0.247
0.067
Annual
Grab
E
,Benzo(a)anthracrenne
0.107
0.040
Annual
Grab
E
3,
0.111
0.042
Annual
Grab
E
Benzo(k)lluoranthene
0.107
0.040
Annual
Grab
E
Benzo(a)pyrene
0.111
0.042
Annual
Grab
E
Bis(2-eihythexyl) phthalate
0.507
0.187
Annual
Grab
E
Carbon Tetrachloride
0.069
0.033
Annual ,
Grab
E
Chlorobenzene
0.051
0.027
Annual
Grab
E
Chtoroethane
0.487
0.189
Annual
Grab
E
Chloroform
0.084
0.038
Annual
Grab
E
2=Chlorcphenot
0.178
_
0.056
Annual
Grab
_
E
Chrysene
0.107
0.040
Annual
Grab
E
Di-n-butyl phthalate
0.104
0.049
Annual
Grab
E
1,2-Dic hlorobenzene
0.296
0.140
Annual
Grab
E
1,3-Dichlombenzene
0.080
0.056
Annual
Grab
E
1,4-Dichlorcbenzene
0.051
0.027
Annual
Grab
E
1,1-D chloroethane
0.107
0.040
Annual
Grab
E
1,2-Dichloroethane
0.383
0.124
Annual
Grab
E
1,1-Dichlomethylene
0.045
0.029
Annual
Grab
E
1,2-trans-Dichloroethytene
, 0.098
0.038
Annual
Grab
E -
2,4-Didtbropheno!
0.204
0.071
Annual
Grab
E
1,2-Dic hloropropane
0.418
0.278
Annual
Grab
E
1,3-Dichioroproppylene
0.080
0.053
Annual
Grab
E
Diethyl phthalate
0.369
0.147
Annual
Grab
E
2,4-Dimethylphenol
0.065
0.033
Annual
Grab
E
Dimethyt phthalate
_
0.085
0.035
Annual
Grab
E
4,6-Dinitro-o•cresoi
0.503
0.142
Annual
Grab
E
2 4-Dinitrophenol
0.224
0.129
Annual
Grab
E
2,4-Dinitrototuene
0.518
0.205
Annual
Grab
E
2,6-Dinitrototuene
1.165
0.463
Annual
Grab
E
EtfiYbenzene
_ 0.196
0.05E
Annual
Grab
E
Fluoranthene
0.124
0.045
Annual
Grab
E
Ruorene
0.107
0.040
Annual
Grab
E
Permit NC0003719
Hexachlorcbenzene
Annual
Grab
E
Hexachlorobutadene
0.089
0.036
Annual
Grab
E
Hexachloroethane
0.098
0.038
Annual
Grab
E
Permit NC0003719
A.(2.) Continued
E:':,
Lgar:Wails/tic-it
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!L
♦ ,>7 �>r3 r�.i'. ec
/14
{YL
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as ,FIL'.v"L�is J d d 4
TY r61�t+4-1;{1L:1fl.k' .Z y
' -.L'', L 1
f
\ L ' _ ;,
'�
it
-.. L i;
L "S
•1'• / Ph`
�:... /
4 a
1
It
V
, L
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1i0.� J�` C�
-i.
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> .`ST✓af,
i .'�i
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M.JT., ih'�CSii2i7P�3s� YS- b
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'e
,,}>. MM
�y5: y .i-!}�Jr�rf �,
cf 1r { 1+• t
>,}'!ti".is
.i L�Y,LsGrA
y a J
‘
3
r: t :,ri -
7.,z ,
Methyl Chloride
0.345
0.156
Annual
Grab
E
Methylene Chloride
0.162
0.073
Annual
Grab
E
Naphthalene
0.107
0.040
Annual
Grab
E
Nitrobenzene
0.124
0.049
Annual
Grab
E
2 Nikophenol
0.125
0.075
Annual
Grab
E
4-Nitrophenol
0.225
0.131
Annual
Grab
E
Phenant rene
0.107
0.040
Annual
- Grab
E
Phenol
0.047
0.027
Annual
Grab
E
Pyrene
0.122
0.045
Annual
Grab
E
Tefachloroethytene
0.102
0.040
Annual
Grab
E
Toluene
0.145
0.047
Annual
Grab
E
Total Chromium
5.034
2.017
Quarterly
Grab
E
Total Copper
6.142
2.635
Quarterly
Grab
E
Total Cyanide
2.181
0.763
_ Quarterly
Grab
E
Total Lead
1.254
0.582
Quarterly
Grab
_
E
Total Nickel
7.233
3.071
Quarterly
Grab
_
E
Total Zinc
Quarterly
Grab
E
1,2,4-Trichtorobenzane
0.254
O.124
Annual
Grab
E
1,1,1 Tric ioroethane
0.098
0.038
Annual
Grab
E
1,1,2-Trichlomethane
0.098
0O38
Annual
Grab
E
Trtchlomelhylene
0.098
0.038
Annual
Grab
E
Vinyl Chloride
0.487
0.189
Arm
Grab
E
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Total PAHsz
69.70
Quay
Composite
E
� Hexa�torobenzene
in
Quarterly
Cortposite
E -
Notes:
1. Sample Location: E - Effluent, I - Influent
2. Total PAHs are comprised of Benzo(a)anthracene; Benzo(a) pyrene; 3,4-Benzofluoranthene;
Benzo(k)fluoranthene; Chrysene; Dibenz(a,h)anthracene and Indeno(1,2,3-ed)pyrnene.
Note: Composite samples must be refrigerated
Permit NC0003719
A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
During the period beginning on July 1, 2003 and lasting until expiration, the Permittee is authorized to
discharge from outfall 002. Such discharges shall be limited and monitored by the Permittee as specified below:
Eflittentehracteriptice;
Row
0.5 MGD
1 su ttt
'Fr, que .
Conte
Recording
Influent or Effluent
Total Suspended Solids (TSS)
BOD5, 200C
COD
72.5 tiday
43.4 Iblday
235.7 lb./day
115.7 IbJday
Weekly
Weekly
Weekly
Composite
Composite
Composite
Effluent
Effluent
Effluent
NH3-N (April 1-October 31)
35.0 tJday
70.0 ib./day
Weekly
Composite
Effluent
NH3-N (November 1— Mauch. 31)
Fecal Coliform (geometric mean)
70.0 lb./day
140.0 11)1day
Weeldy
Weekly
Composite
Grab
Effluent
Effluent
Total Nitrogen (NO2 + NO3 + TKN)
Total Phosphorus
Quarterly
Composite
Effluent
Quarterly
Composite
Effluent
Total Residual Chlorine
Weekly
Grab
Effluent
Acute Toxicity2
pH3
Quarterly
Composite
Effluent
weelur
Grab
Effluent
Dissolved oxen+
Weekly
Grab
Effluent
Dissolved 0xygen4
(June 1— Sept 30)
Temperature ("C)
Weekly
Grab
Grab
Upstream,
Downstrearnm
Effluent
Temperature (°C)
(June 1— September 30)
3/week
Grab
Upstream,
Downstreamy
Conductivity
klu ne 1— September 30)
Grab
Upstream,
Dawnstrearn5.6
Notes:
1 Sample locations: Upstream - upstream 2 miles from outfall; Downstream - downstream, 100 yards
upstream of Lock and Dam #3.
2 Whole Effluent Toxicity shall be measured by a P/F at 90% acute toxicity test using Fathead Minnow. Test
shall be conducted in February, May, August and November. See Part A. (5.). Samples for toxicity testing
shall be collected at the combined outfall box located below outfalls 001 and 002.
3 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
4 The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L. Effluent samples
for dissolved oxygen testing shall be collected at the combined outfall box located below outfalls 001 and
002.
5 Instream monitoring shall be conducted as follows: 3/week June 1- September 30
1/week: October 1-May 31.
6 As a participant in the Middle Cape Fear River Basin Association, the instream monitoring requirements as
stated above are waived. Should your membership in the agreement be terminated, you shall notify the
Division immediately and the instream monitoring requirements specified in your permit shall be reinstated.
There shall be no chromium, zinc, or copper added to the -treatment system except as pre -
approved additives to biocide compounds or that which results from the normal degradation of
piping and equipment used in process units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Permit NC0003719
A. (4.) EFFLUENT LIMITATIONS AND MONITORING REQIREMENTS - FINAL
During the period beginning on July 1, 2003 and lasting until expiration, the Permittee is authorized to
discharge from outfaii 002. Such discharges shall be limited and monito
t•if +e ( ! t - v,'
'+*x'+•�Y < +}�.: � � � 5 3; 1{=J :1 A
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hat -r Ly,� V L" � ^' 'rif�
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L��nh t'�, �V> 1 1 1 fir+'.
. u: ZS i 2`` 4 taz '.? h • - s- a-t ,.•
w3 .?YEr.:1f/ 9 •S'tt f`•r ;��'����� Mi _ �.r�3+r �i l• F 1 ! .
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t'Y
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:ti�,•
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YS� EJ.�ff1•.
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•
I' M:..r� 5"' tAt'
r �.5✓'.c��F�C �w j �
Ac enaphthene
0.107
0.040
Annul
Grab
E
Acera phthylene
0.107
0.040
Annual
Grab
E
Acylonibile
0.440
0.174
Aftilliai
Grab
E
Anthracene
0.107
0.040
Annual
Grab
E
Benzene
0.247
0.067
Annual
Grab
E
Benzo(a)anthracene
0.107
0.040
Annual
Grab
E
3,4-Benzofluoranthene
0.111
0.042
Annual
Grab
E
Benzo(k)lluoranthene
0.107
0.040
Annual
Grab
E
Benzo(a)pyrene
0.111
0.042
Grab
E
Bis(2-ethylhexyl) phthalate
0.507
0.187
Annual
Grab
E
Carbon Tetrachloride
0.069
0.033
Annual
Grab
E
Chlorobenzene
0.051
0.027
Annual
Grab
E
Chtoroethane
0.487
0.189
Annual
Grab
E
Chloroform
0.084
0.038
Annual
Grab
E
12-Chlorophenol
0.178
0.056
Annual
Grab
E
Chrysene
0.107
0.040
Annual
Grab
E
Di-n-butyl phthalate
0.104
0.049
Annual
Grab
E
1,2-Dichlorobenzene
0.296
0.140
Annual
Grab
E
1,3-Dichtorobenzene
0.080
0.056
�_
Annual
Grab
E
1,4-Dichlombenzene
0.051
0.027
Annual
Grab
E
1,1-Dichtoroethane
0.107
0.040
Annual
Grab
E
1,2-Dic hloroethane
0.383
0.124
Annual
Grab
E
1,1-Dictloroethytene
0.045
0.029
Annual
Grab
E
1,2 trans-Dichloroethylene
0.098
0.038
Annual
Grab
E
2,401
0.204
0.071
Annual
Grab
E
1,2-Dichioropropanne
0.418
0.278
_
Anna!
Grab
E
1,3-Dichloropropytene
0.080
0.053
Annual
Grab
E
Diethyl phthalate
0.369
0.147
Annul
Grab
E
2,4-Dimethytphenol
0.065
0.033
Annul
Grab
E
Dimethyl phthalate
0.085
0.035
Annual
Grab
E
4,6-Din4tro-o-cresol
0.503
0.142
Annual
Grab
E
2,4-Dinitrophenol
0.224 a
0.129
Annual
Grab
E
,4Dinitrotoluene
0.518
0.205
Annual
Grab
E
2,6-Dinitrotoluene
1.165
0.463
Annual
Grab
E
Ethylbenzene
0.196
0.058
Annual
Grab
E
Fluoranthene
0.124
0.045
Annual
Grab
E
Fluorene
0.107
0.040
Annual
Grab
E
Hexachlorobenzene
Annual
Grab
E
Hexachlorobutadene
0.089
0.036
Annual
Grab
E
Hexachtoroethane
0.098
0.038
Annual
Grab
E
Permit NC0003719
A.(4.) Continued
,
l�
i J )
{
Methyl Chloride
Methylene Chloride
Naphthalene
Nll obenzene
2-Nltrophenol
4-Nitrophenol
Phenanihrene
Phenol
Pyrene
Tetrachlonethylene
Toluene
Total Chromium
Total Copper
Total Cyanide
Total Lead
Total Nickel
Total Zinc
1,2.4Trichlorobenz ne
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethylene
Vinyl Chloride
4 F
.�
tin
t -
} 'x-
i
-... f
�. r".1♦a �
s.
.Y•
0.156
0.073
0.040
0.049
0.075
0.131
0.040
0.027
0.045
0.040
0.047
2.017
2.635
0.763
0.582
3.071
0.124
0.038
0.038
0.038
0.189
r
r
1 >
fFy: �r
♦ � 1.
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Quarterly
Quarterly
Quarterly
Quarterly
Quarterly
Quarterly
Annual
Annual
Annual
Annual
Annual
`
�
"C t
� k� G
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
i
k �
\
,
E ;
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
.i
"" f
0.345
0.162 .
0.107
0.124
0.125
0.225
0.107
0.047
0.122
0.102
0.145
5.034
6.142
2.181
1.254
7.233
0.254
0.098
0.098
0.098
0.487
Notes:
1. Sample Location: E - Effluent, I - Influent
Note: Composite samples must be refrigerated
Permit NC0003719
A. (5.) SPECIAL CONDITION FOR TERMINATION OF DAK AMERICAS, LLC
DISCHARGE
The DAK Americas, LLC plant portion of this discharge is expected to terminate within the
first half of 2002. The DAK Americas, LLC will retain control over the utilities until such time
as the facility and utilities are purchased.
The allocation for this permitted discharge remains at 1.25 MGD. However, a new permit for
the discharge will be issued when all of the following take place:
• Proof of change of ownership from DAK Americas, LLC has been furnished. The
resulting name/ownership change form shall be submitted to the Division of
Water Quality.
• A new application for a discharge has been completed and submitted by the new
owner of the facility with a request for a major modification of the NPDES permit.
• The request for a major modification to NPDES Permit NC0003719 should
include the appropriate fee for such an action.
• Completion of the application shall include a complete flow justification for the
proposed discharge and an Engineering Alternatives Analysis (EAA).
When all of the above actions are complete, the Division shall furnish new effluent limits
pages that are appropriate for the proposed discharge or set of discharges.
A. (6.) BIOCIDE CONDITION
The permittee shall not use any biocides except those approved in conjunction with the
permit application. The permittee shall notify the Director in writing not later than ninety
(90) days prior to instituting use of any additional biocide used in cooling systems which
may be toxic to aquatic life other than those previously reported to the Division of Water
Quality. Such notification shall include completion of Biocide Worksheet Form 101 and a
map locating the discharge point and receiving stream.
A. (7.) DETECTION LEVELS FOR COMPLIANCE
If the discharge limitation of a given parameter is below quantitation limits, the measured
quantity for the purposes of a compliance evaluation is considered to be zero. Values that
report below quantitation level shall be deemed to be in compliance.
Permit NC0003719
A. (8.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY)
The Permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North
Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single
Effluent Concentration" (Revised -July, 1992 or subsequent versions). The monitoring shall be performed as a
Fathead Minnow (Pimephales promelas) 24 hour static test. The effluent concentration at which there may
be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). Effluent
samples for self -monitoring purposes must be obtained during representative effluent discharge below all waste
treatment The tests will be performed during the months of February, May, August, and November.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGE6C.
Additionally, DWQ Form AT-2 (original) is to be sent to the following address:
Attention: Environmental Sciences Branch
North Carolina Division of Water Quality
1621 Mail Service Center
Raleigh, N.C. 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the
effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste
stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,
the Permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the
facility name, permit number, pipe number, county, and the month/year of the report with the notation of 'No
Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at
the address cited above.
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will
begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will
revert to quarterly in the months specified above.
Should the Permittee fail to monitor during a month in which toxicity monitoring is required, then monthly
monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test
requirement will revert to quarterly in the months specified above.
Should any test data from either these monitoring requirements or tests performed by the North Carolina
Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and
modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival and appropriate environmental controls, shall constitute an invalid test and will require immediate
follow-up testing to be completed no later than the last day of the month following the month of the initial
monitoring.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival and appropriate environmental controls, shall constitute an invalid test and will require immediate
follow-up testing to be completed no later than the last day of the month following the month of the initial
monitoring.
Permit NC0003719
A. j9.) STORMWATER MONITORING REQUIREMENTS/Analytical Monitoring
FINAL
During the period beginning on the effective date of the permit and lasting until October 31, 2006, the Permittee
is authorized to discharge from outfall(s) serial number 001 (Stormwater). Such discharges shall be limited and
monitored by the permittee as specified below:
STORMWATER
DISCHARGE
CHi%RACTERISTIC
S
UMITS
MONITORING tliiEMENTS
Mitt
Cut-off
Concebritrationl
Measurement
Frequency2
Sample
' Type
Sample
Location3
Total Row'
MG
Annual
SW-1-
Total Rainfatlt
Inches
Annual
SW-1
Event Duration4
Minutes
Annual
SW-1
Total Suspended
Solids
mglL
100.00
Annual
Grab
SW-1
Nickel
wan-
789.00
Annual
_
Grab
SW-1
Lead
µg&L
33.78
Annual
Grab
SW-1
Di-n-butyl phthalate
mg&
Annual
Grab
SW-1
,
Glyphosate
mglL
Annual
Grab
.,
SW-1
lsopropylamine
mglL
Annual
Grab
SW-1
Surfactants (MBAS)
mg/l
100.0
Annual
Grab _
SW-1
Notes:
1. Cutoff Concentration. For each parameter, the arithmetic mean of all analytical sampling results
collected during the first year of the permit shall be calculated for each individual outfall and
compared to the cut-off concentrations listed. If the arithmetic mean is below the specified cut-
off concentration for a given parameter, then the facility is not required to continue annual
analytical monitoring for that parameter at the outfall during the term of the permit unless a
significant change in fheility operations or configuration occurs. If cut-off concentration results
in discontinued analytical monitoring at an individual discharge outfall, the permittee is required
to maintain facility operations that ensure the continuation of stormwater runoff quality.
2. Measurement frequency. Once per year. The facility must perform analytical sampling during
the first full year and last year of the permit term regardless of cut-off concentration conditions.
Analytical results from sampling during the final year of the permit term must be submitted with
the permit renewal application. Failure to monitor storm events in accordance with the specified
frequency shall constitute a violation of this permit.
3. Sample Location. Samples to be collected at each stormwater discharge outfall (SW-1) located
north of the river water intake pump overflow and south of the sludge drying beds.
4. For each sampled representative storm event the total precipitation, storm duration, and total
flow must be monitored. Total flow shall be either: (a) measured continuously, (b) calculated
based on the amount of area draining to the outfall, the amount of build -upon (impervious) area,
and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute
intervals during the rainfall event (not to exceed three hours).
For purposes of the stormwater sampling required in this permit, all samples shall be collected from
a discharge resulting from a representative storm event (See Parts A. (13) and A. (14.)).
Permit NC0003719
A. (10.)STORMWATER MONITORING REQUIREMENTS/Analytical Monitoring
FINAL
During the period beginning on July 1, 2003 and lasting until permit expiration or expansion, the Permittee is
authorized to discharge from outfall(s) serial number 001 (Stormwater). Such discharges shall be limited and
monitored by the permittee as specified below:
-STORMWATTit
DISCHARGE
' CHARACTERISTIC
S`
UMITS
MONITORING SEQUIREPVIENTS
Units
a Cut-off
Concentrationt
Measurement
Frequency2
Sample
Type
' Sample
Location3
Total FtOVw4
MG
Annual
SW-1
Total Rainfall4
inches
Annual
SW-1
Event Duration'
Minutes
Annual
SW-1
Total Suspended
Solids
mg/L
100.00
Annual
Grab
SW-1
Nickel
µg/L
789.00
Annual
Grab
SW-1
Lead
lig/L
33.78
Annual
Grab
SW-1
Di-n-butyl phthalate
mg/L
Annual
Grab
SW-1
Notes:
1. Cutoff Concentration. For each parameter, the arithmetic mean of all analytical sampling results
collected during the first year of the permit shall be calculated for each individual outfall and
compared to the cut-off concentrations listed. If the arithmetic mean is below the specified cut-
off concentration for a given parameter, then the facility is not required to continue annual
analytical monitoring for that parameter at the outfall during the term of the permit unless a
significant change in facility operations or configuration occurs. If cut-off concentration results
in discontinued analytical monitoring at an individual discharge outfall, the permittee is required
to maintain facility operations that ensure the continuation of stormwater runoff quality.
2. Measurement frequency. Once per year. The facility must perform analytical sampling during
the first full year and last year of the permit term regardless of cut-off concentration conditions.
Analytical results from sampling during the final year of the permit term must be submitted with
the permit renewal application. Failure to monitor storm events in accordance with the specified
frequency shall constitute a violation of this permit.
3. Sample Location. Samples to be collected at each stormwater discharge outfall (SW-1) located
north of the river water intake pump overflow and south of the sludge drying beds.
4. For each sampled representative storm event the total precipitation, storm duration, and total
flow must be monitored. Total flow shall be either. (a) measured continuously, (b) calculated
based on the amount of area draining to the outfall, the amount of build -upon (impervious) area,
and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute
intervals during the rainfall event (not to exceed three hours).
For purposes of the stormwater sampling required in this permit, all samples shall be collected from
a discharge resulting from a representative storm event (See Parts A. (13) and A. (14.)).
Permit NC0003719
A (11). STORMWATER MONITORING REQUIREMENTS/ Qualitative Monitoring
Qualitative monitoring requires a qualitative inspection of each stormwater outfall, regardless of
representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater
Pollution Prevention Plan and assessing new sources of stormwater pollution. No analytical tests are
required. Qualitative monitoring of stormwater outfall does not need to be performed during a
representative storm event.
Stonnwater D`'sshar
Characteristics
Measurement
F 1
Sample
Location
Color
Semi -Annual
SW-1
Odor
Semi -Annual
SW-1
Clarity
Semi -Annual
SW-1
Floating Solids
Semi -Annual
SW-1
Suspended Solids
Semi -Annual
SW-1
Foam
Semi -Annual
SW-1
Oil Sheen
Semi -Annual
SW-1
Other obvious indicators of stormwater
pollution
Semi -Annual
SW-1
Notes:
1 Measurement Frecruency. The first qualitative monitoring event during the term of the permit
must be performed during the initial analytical monitoring event. All subsequent qualitative
monitoring will be performed twice per year, once in the spring (April - June) and once in the fall
(September - November).
Sample Location: SW-1 Visual monitoring may be performed just inside the perimeter fence at a
point where no additional significant materials could reasonably enter the system as a result of
facility operations.
Permit NC0003719
(5)
A. (12). STORMWATER SPECIAL CONDITION — OUTFALL
Representative outfall status has been granted to allow representative stormwater monitoring to be
performed at the manhole located north of the river water intake pump overflow and south of the sludge
drying beds. Should the facility configuration, drainage areas and activities, and/or stormwater outfalls on -
site be significantly altered, the permittee shall notify the Division in writing prior to implementation of said
changes.
A. (13.) STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the
Plan. The Plan shall be considered public information in accordance with Part II, Section E.10. of
this permit. The Plan shall be updated on an annual basis. The Plan shall include, at a minimum,
the following items:
a. Site Plan- The site plan s11a11 provide a description of the physical facility and the potential
pollutant sources which may be expected to contribute to contamination of regulated
stormwater discharges. The site plan shall contain the following:
(1) A general location map (USGS quadrangle map, or appropriately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters, and the name of the receiving water(s) to which the stormwater outfall(s)
discharges. If the discharge is to a municipal separate storm sewer system, the name
of the municipality and the ultimate receiving waters, and accurate latitude and
longitude of the point(s) of discharge must be shown.
(2) A narrative description of storage practices, loading and unloading activities, outdoor
process areas, dust or particulate generating or control processes, and waste disposal
practices.
(3)
A site map (or series of maps) drawn to scale with the distance legend indicating
location of industrial activities (including storage of materials, disposal areas, process
areas, and loading and unloading areas), drainage structures, drainage areas for each
outfall and activities occurring in the drainage area, building locations and impervious
surfaces, the percentage of each drainage area that is impervious. For each outfall, a
narrative description of the potential pollutants which could be expected to be present
in the regulated stormwater discharge.
(4) A list of significant spills or leaks of pollutants that have occurred at the facility during
the 3 previous years and any corrective actions taken to mitigate spill impacts.
Certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges. The certification statement will be signed in accordance with
the requirements found in Part II, Section B.11.
b. Stormwater Management Plan: The stormwater management plan shall contain a narrative
description of the materials management practices employed which control or minimize the
exposure of significant materials to stormwater, including structural and non-structural
measures. The stormwater management plan, at a minimum, shall incorporate the following:
(1)
A study addressing the technical and economic feasibility of changing the methods of
operations and/or storage practices to eliminate or reduce exposure of materials and
processes to stormwater. Wherever practicable the permittee should consider covering
storage areas, material handling operations, manufacturing or fueling operations to
prevent materials exposure to stormwater. In areas where elimination of exposure is
Permit NC0003719
not practicable, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(2) A schedule to provide secondary containment for bulk storage of liquid materials,
storage of Section 313 of Title III of the Superfund Amendments and Reauthorization
Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks
and spills from contaminating stormwater runoff. If the secondary containment
devices are connected directly to stormwater conveyance systems, the connection shall
be controlled by manually activated valves or other similar devices [which shall be
secured with a locking mechanism] and any stormwater that accumulates in the
containment area shall be at a minimum visually observed prior to release of the
accumulated stormwater. Accumulated stormwater shall be released if found to be
uncontaminated. Records documenting the individual making the observation, the
description of the accumulated stormwater and the date and time of the release shall
be kept for a period of five years.
(3)
A narrative description of Best Management Practices (BMPs) to be considered such
as, but not limited to, oil and grease separation, debris control, vegetative filter strips,
infiltration and stonnwater detention or retention, where necessary. The need for
structural BMPs shall be based on the assessment of potential of sources contributing
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges.
(4) Inspection schedules of stormwater conveyances and controls and measures to be
taken to limit or prevent erosion associated with the stormwater systems.
c. Spill Prevention and Response Plan: The Spill Prevention and Response Plan shall
incorporate a risk assessment of potential pollutant sources based on a materials inventory of
the facility. Facility personnel (or team) responsible for implementing the plan shall be
identified in the plan. A responsible person shall be on -site at all times during facility
operations that have the potential to contarninatP stormwater runoff through spills or
exposure of materials associated with the facility operations.
d. Preventative Maintenance and Good Housekeeping Program: A preventative maintenance
program shall be developed. The program shall document schedules of inspections and
maintenance activities of stormwater control systems, plant equipment and systems.
Inspection of material handling areas and regular cleaning schedules of these areas shall be
incorporated into the program.
e. Training schedules shall be developed and training provided at a minimum on an annual
basis on proper spill response and cleanup procedures and preventative maintenance
activities for all personnel involved in any of the facility's operations that have the potential to
contarniratP stormwater runoff Facility personnel (or team) responsible for implementing the
training shall be identified in the plan.
f. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for
the overall coordination, development, implementation, and revision to the Plan.
Responsibilities for all components of the Plan shall be documented and position(s)
assignments provided.
g•
Plan Amendment The permittee shall amend the Plan whenever there is a change in design,
construction, operation, or maintenance which has a significant effect on the potential for the
discharge of pollutants via a point source to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis.
Permit NC00037 19
The director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum requirements.
The permittee shall provide certification in writing (in accordance with Part III, Standard
Conditions, Section B.11.) to the Director that the changes have been made.
h. Facility Inspections: Inspections of the facility and all stormwater systems shall occur at a
minimum on a semiannual schedule, once in the fall (September - November) and once
during the spring (April - June). The inspection and any subsequent maintenance activities
performed shall be documented, recording date and time of inspection, individual(s) making
the inspection and a narrative description of the facility's stormwater control systems, plant
equipment and systems. Records of these inspections shall be incorporated into the
Stormwater Pollution Prevention Plan.
Visual monitoring as required in A (4) Stormwater Monitoring Requirements/Qualitative
Monitoring shall be performed in addition to facility inspections.
Implementation: Implementation of the Plan shall include documentation of all monitoring,
measurements, inspections, maintenance activities and training provided to employees,
including the log of the sampling data. Activities taken to implement BMPs associated with
the industrial activities, including vehicle maintenance activities must also be recorded. All
required documentation shall be kept on -site for a period of five years and made available to
the Director or his authorized representative immediately upon request.
A. (14) STORMWATER MINIMUM MONITORING AND REPORTING
REQUIREMENTS
Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing
by the Director of the Division of Water Quality:
a. If a facility has multiple discharge locations with substantially identical stormwater
discharges that are required to be sampled, the permittee may petition the Director for
representative outfall status. If it is established that the stormwater discharges are
substantially identical and the permittee is granted representative outfall status, then
sampling requirements may be performed at a reduced number of outfall4.
b. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather
flow shall be performed at all stormwater discharge outfall locations. All visual monitoring
shall be documented and records maintained with the Stormwater Pollution Prevention Plan.
The initial visual monitoring event shall be performed simultaneously with the first analytical
monitoring event and documentation of only this initial visual monitoring event shall be
submitted along with the required analytical monitoring submittal.
c. For purposes of the stormwater sampling required in this permit, all samples shall be
collected from a discharge resulting from a representative storm event (See definitions in Part
II, Section A). Failure to monitor storm events in accordance with the specified frequency
shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention
pond, the following sampling requirements shall apply:
(1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours,
visual observations for color, foam, outfall staining, visible sheens and dry weather
flow are required, but analytical sampling shall not be required.
(2) If the detention pond discharges only in response to a storm event exceeding a 25-
year, 24-hour storm, the pond shall be considered a non -discharging stormwater
• • r
Permit NC0003719
control system and not subject to NPDES requirements, unless the discharge causes a
violation of water quality standards.
d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms
approved by the Director no later than January 31 for the previous year in which sampling
was required to be performed.
e. Analytical results from sampling during the final year of the permit term shall be submitted
with the permit renewal application.
f. This permit regulates stormwater discharges associated with industrial activity. Non-
stormwater discharges which shall be allowed in the stormwater conveyance system are:
g•
(1) All other discharges that are authorized by an NPDES permit.
(2) Foundation drains, air -conditioner condensate without added chemicals, springs,
waterline and fire hydrant, water from footing drains, flows from riparian habits and
wetlands, fire -fighting training and fire system testing.
(3)
Discharges resulting from fire -fighting.
If the storm event monitored and reported in accordance with this permit coincides with a
non-stormwater discharge, the permittee shall separately monitor and report all parameters
as required under the non-stormwater portion of this permit and provide this information with
the stormwater discharge monitoring report.
A. (15.) STORMWATER DEFINITIONS
1. 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.
2. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single
above ground storage container having a capacity of greater than 660 gallons or with multiple above
ground storage containers located in close proximity to each other having a total combined storage
capacity of greater than 1,320 gallons.
3. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which
is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-
term storage far-i1ity or a surface storage facility.
4. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to,
any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may
be discharged to waters of the state.
Permit NC0003719
• 5. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at
least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single
storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2
hours without producing any collectable discharge, and then stops, a sample may be collected if a
rain producing a discharge begins again within the next 10 hours.
6. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure
plus sufficient freeboard to allow for the 25-year, 24-hour storm event.
7. Section 313 Water Priority Chemical
(3)
A chemical or chemical category which:
a Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right -to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
c. That meet at least one of the following criteria:
(1)
Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table N (certain
toxic pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA
at 40 CFR 116.4; or
Is a pollutant for which EPA has published acute or chronic water quality criteria.
8. 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.
9. Significant Stills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section
102 of CERCLA (Ref: 40 CFR 302.4).
10. 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
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Permit NC0003719
11. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
12. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed
or qualitatively monitored must be taken within the first 30 minutes of discharge.
13. 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.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a
city or town.
15. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial
activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do
not include wastewaters ut;liring any type of detergent or cleaning agent.
16. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce
stormwater pollution and is based on an evaluation of the pollution potential of the site.
17. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average
once in ten years. Design storm information can be found in the State of North Carolina Erosion and
Sediment Control Planning and Design Manual.
18. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total
flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining
to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c)
estimated by the measurement of flow at 20 minute intervals during the rainfall event.
19. 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.
Permit NC0003719
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.