HomeMy WebLinkAboutAllen Steam Facility - Duke Energy (13)&41-
FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor Director Secretary
Facility Name
NPDES Permit Number
Facility Location
Type of Activity
SIC Code (if applicable)
Receiving Streams
River Basin
Stream Classification
Proposed Permit Requirements
Monitoring Data
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Duke Energy Carolinas, LLC - Allen Steam Station
,NCS000546
253 Plant Allen Road, Belmont, NC (Gaston County,)
Steam Electric Generation
4911
See Figure 1
Catawba River Basin, Sub -basin 03-08-37
WS -V, B
See attached draft permit
See Table 1
Response Requested by (Date) June 8, 2011
Central Office Staff Contact: Return to: E
Special Issues:
807-6372
Issue
Rating Scale:l(easy) to
Compliance history
5
Benchmark exceedance
15
Location (TMDL, T&E
3,
species, etc)'
Other Challenges
8
O Power Plant -
New'SW Permit
Difficulty Rating:
21/40
Special Issues Explanation
• Previously this facility only had an NPDES WW permit for its discharges (NC0004979)
Description of Onsite Activities:
Allen Steam Station is a coal-fired electric generation plant with five active generation units (net
generating capacity of 1,155 NW) The site began power production in 1957 The station includes a
Flue Gas Desulfurization (FGD) facility, a dry ash handling facility, an active,ash settling basin, ash
landfill and structural fills, a limestone unloading,and stockpile operation, gypsum stacker and
storage operation, a wastewater treatment plant, electrical switchyards, transformer, yard, and coal
Page 1 of 10
NCS00054'6
handling operation and storage yard Coal and limestone are shipped to the -site via rail,lines-
,
Documents Reviewed:
• NPDES Stormwater Permit Application Materials (EPA Forms 1 & 2F)
• National Heritage Program (NHP) Threatened and Endangered Species Database
• SPU and NPDES Wastewater Permit Files
• Central Files
• 303(d) List (2010 Assessment)
• 2010 Catawba Basmwide Plan
History:
Until now, the facility has only had a wastewater permit and sampled some,stormwater outfalls as part of the
NPDES WW renewal application In 2010, Mooresville Regional Office staff inspected two Duke Energy
facilities and noted that this site needed a stormwater permit (see NPDES NC0004979 file) The Division
prefers to issue a separate NPDES SW permit rather than combine wastewater and stormwater requirements
under one permit The attached permit was drafted to reflect the permitting strategy for all coal-fired power
plants set by the Stormwater Permitting Unit (SPU) in 2009
Figure 1• Map of Facility
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NCS000546
Central Office Review Summary:
Owner's Other Permits
• NPDES Wastewater Permit NC0004979
• Air Permit 03757T35
• RCRA.Hazardous,Waste PermitVCD043678937
• Residual Solids Permit WQ0000452
• Industrial Landfill ,Solid Waste Permit 36-12
2 General Observations
In 2009 the Stormwater Permitting Unit (SPU) established a strategy for all coal-fired power
plants The strategy includes a,standard suite of parameters for analytical monitoring (see
attached discussion) Since then, at least four power plants have been monitoring stormwater
discharges for those parameters Elizabethtown Power LLC (NCS000352), Lumberton Power LLC
(NCS000349), Progress Energy's Mayo Steam Electric°Power Plant (NPDES WW + SW
NC0038377), and Progress Energy's Weatherspoon Steam Electric Plan (NPDES, WW +'SW
NC0005363)
The data,from those facilities (12.samples,total) shows Zn and Cu benchmarks'exceeded most
often Those sites also have mercury levels in stormwater discharges that range up to 10 ng/1
3 Impairments and Basinwide Plan Recommendations The,South Fork Catawba River segment is
impaired for copper and has a history of temperature standard exceedances The Basinwide Plan
(2010) discusses these concerns and references this Duke Energy facility
"Out of the nine surface temperature samples taken at the lake station,during 2007, six exceeded the state
temperature standard. The high temperatures were also recorded at the AMS station C7000000 in 27% of
samples. These co -located monitoring sites are about two and a half miles,downstream of4the Duke Energy's
Allen Steam Station discharge channel Figure 4-16 shows the temperature, mean and median of the AMS
station C7000000 (blue and redlines,, respectively) and'the mean and median of five,other AMS sites that are
located on Lake Wylie ('purple and,green lines, respectively) ,As seen on the graph, the AMS stations average
water temperature is roughly'5 ° C higher than the other Wylie AMS station averages Duke Energy conducted a
water quality assessment study to evaluate whether the.discharge is having a negative effect on aquatic life,
which is required by the state every five years DWQ reviewed the results of the study and confirmed that the
facilities thermal discharge, even though periodically above the state standard, is not negatively impacting
aquatic life. Therefore, this segment will not be Impaired for high temperature
Copper levels in the South `Fork arm are also elevated Even though this will be the first time this
segment of the lake will be placed on the Impaired Waters"list for copper, this exceedance isnot new In
fact, the percent of sam piesexceedi ng the standard has dropped from 81% (data years- 1997-2002) to
the current 69% (data years 2004-2008) The source of the,excess copperis likely stormwater runoff
from surrounding urban areas."
The draft permit includes copper monitoring of stormwater discharges from this site The NPDES
wastewater permit requires,a Balanced and Indigenous Population (BIP) study plan be submitted to DWQ
to maintain a CWA Section 316(a) Thermal Variance
Elevated nutrients are also a concern for Lake Wylie, downstream of this segment of the Catawba River
This facility is inside the watershed addressed by the Lake Wylie TMDL, and discharges would have been
accounted for in the Load Allocation (non -point sources) at the time The Modeling and TMDL Unit
recommended infrequent -,nutrient monitoring to demonstrate there is no problem (per Kathy Stecker,
Modeling, and TMDL Unit, April 26, 2011) The draft permit proposes annual monitoring for nutrients,
and the reviewer recommends removing TN and TP monitoring at the next renewal if results
confirm there is minimal concern.
4 Threatened and Endangered- None identified in the vicinity of this site (NHP Virtual Workroom)
Page 3 of 10
NCS000546
5 Location No issues With locating this facility
6 Industrial Changes Since Previous Permit N/A, new stormwater permit
7 Analytical Monitoring Notes Two outfalls were sampled as part of the NPDES stormwater application
These outfalls (SW008 and SWO15) were sampled in 2009 for the NPDES wastewater permit renewal
application (submitted December 2009), as part of a prior arrangement with DWQ Because we have
adopted a consistent stormwater permitting strategy for all powerrplants, SPU accepted these results
without requirmg`samples from the other, outfalls for the individual permit application See application
documents (Form 2F)
SWO08 [Drains area with rail lines that carry coal and limestone, gravel storage area for structural steel,
cable, spare equipment, etc] COD levels;were elevated (80 mg/1) but not above the 120 mg/l benchmark
There were low,BOD levels (<2 0 mg/1) in the same sample, which suggests a larger amount of non-
biodegradeable organic material TSS levels were very high (1500 mg/1) above the 100 mg/1 benchmark
Aluminum (27 0 mg/1), copper (0 058 mg/1), and zinc (0 32 mg/1) levels were also above benchmarks (of
0 75 mg/1, 0 007 mg/1, and 0,0 , 67 mg/1, respectively) Radioactive substances were also reported There
are no stormwater benchmarks forthesersubstances, but there,are'water quality standard's based on
annual averages The reviewer noted the level of alpha emitters was around 5 pCi/1 greater than,the
standard of 15 pCi/1 No results reported for antimony, lead, or thallium
SWO15 [Drains area west of ash landfill site and gravel haul-rodd for ash transport] Overall, parameters
were lower in concentration than in the outfall above (except for higher chloride and sulfate
concentrations) All measurements were below benchmarks that were available
`The company is requesting Representative Outfall Status (ROS) for four,outfalls Request form attached
Central Office,observations and, questions4or°Region,to consider: -
• Nonerof the boxes checked on the ROS form, but groupings seem to be for similar industrial
activities in most cases (according to attached table) Limited data to date
• Should we require most outfalls to be sampled at least once during the permit cycle9 There are
several included in this request that have never been sampled
• Duke Energy is requesting that SW005 represent a set of 7+ outfalls, which,includes some,outfalls
discharging to the Discharge Canal instead of the Catawba,River directly (where SWO05 flows) Is
,it appropriate for SW005 to represent,Group SWO17 and/or SW019?
• Duke Energy is requesting that SWO18 (to Discharge Canal) represent a set of 4 outfalls, which
includes SW015 SWO15 discharges to a different waterbody (Catawba River) and also drains an
-extremely large area (including ash structural fill areas) on the south end of the property This
outfall was sampled.in 2009 (see above), but these,are the only data we have from this outfall
Reviewer recommends considering more data be collected from this outfall before it is included
with a group represented by SW018, does the Region agree?
• Wind rose analysis (Tom Anderson, Division of Air Quality„ see pg 5) shows winds are
predominantly fromithe southwest most of the year here, with more winds from the
northeast in the winter (e-mail follows diagram, pg 5) This �corresponds ,to winds blowing from
the,plant powerhouse towards Drainage Area 8 most of the�time, and blowing towards Drainage
Area 11 (comingled with NPDES WW 004) in the winter Might consider deposition potential
from stacks in these general directions when considering ROS, also consider that the majority of
deposition would occur closest to source NPDES WW permit only requires flow and 0&G
monitored at Outfall,004 (although SW contribution is small there)
Page 4 of 10
NC$000546
r
Email Excerpt
Ck 1 0,
�jwn_
From: Anderson, Tom
Sent: Monday„May 09, 2011 142 PM
To: Georgoulias, Bethany
Subject: RE Wind Roses
Bethany,
Wind distribution in Belmont would probably be well represented by Charlotte NWS data We use WRPLOT view
available free here http //www weblakes com/products/wrplothndex html
I've,attached a wind rose that I created for you for Charlotte The wind distributions, as shown,, are almost the same
regardless of the year or time period (5 yr , I Oyr, etc ) of Charlotte Greensboro and Raleigh are very much the
same You can download the program and then use the met data files that I have attached to look at seasonal or other
periods in detail The sfc files are the ones you'll need — disregard the pfl files (they're for "upper air” soundings)
Generally, winds from the SW in late spring, summer and early fall with more winds from the NE in the winter
8 Qualitative Monitoring Notes N/A, new permit
Page 5 of 10
Permit Recommendations:
Analytical Monitoring:
1 Proposed analytical monitoring is consistent with the Stormwater Permitting Unit's strategy for all power
plant permits established in 2009 For more information, see attached discussion The draft'includes
a Semi-annual monitoring for 13 priority metals (Ag, As, Be, Cd, Cr, Cu, Hg, Ni, Pb, Sb, Se, Tl, Zn) + Al
& B, with.benchmarks where available
b Semi-annual mercury (Hg) monitoring with more sensitive method 1631E but no benchmark (or
obligation to monitor monthly in Tier 2)
c- Semi-annual monitoring for COD, TSS, pH, sulfates, and 0&G
d Requirement to submit annual data summary to DWQ regional office
2 In addition, the draft permit proposes'annual nutrient monitoring because of the Lake Wylie TMDL for,
this permit term (should be removed at renewal if there is na concern)
3 Coal pile runoff discharge (subject to stormwater effluent guidelines limitations) is covered under the
plant's wastewater permit (NC0004979), coal yard runoff is directed to NPDES WW outfall 002 (ash
settling basin) Coal yard sump overflowas under the same permit (002a) According to NPDES WW
permit documents, only one discharge has occurred there in the five years prior to NPDES permit renewal
application
4 The company has requested Representative Outfall Status (ROS) for four (4) stormwater outfalls SW005,
SW008, SW018, and SW011* The draft permit does not specify any representative outfalls, review and
approval by Regional Office pending (See Section 7 for discussion ) *Note that the draft proposes
monitoring SWO11 only once during the permit term because of volume of wastewater there.
Does MRO think it should be monitored,semi-annually with the others? Seems like SWO11 would
not be very representative if stormwater makes up less than 5% of the discharge flow, even in a
large rainfall event.
Other Proposed Requirements:
1 Because wastewater permit NC0004979 does not include metals monitoring for the dischar=ges°through
outfalls 003 and 004,'the draft permit clarifies that corresponding SWO12 and SWO11 stormwater outfalls
should be sampled for all parameters in this permit once during the first sampling period
Given that stormwater contributes a small percentage of flow compared to the much larger, continuous
non -contact coolmgwater and other wastewater flows (4 5 MGD and 6 5 MGD from 003 and 004,
respectively), the potential for+contaminants to reach concentrations of concern is probably not very high
An estimate of stormwater runoff during a large storm (6" in 24 hours) with drainage area and percent
imperviousness showed a stormwater contribution of only -r15% of the total discharge flow from SW012-
003 and —2% of flow from SWO11-004 [The plant does testa 24-hour composite sample from 003 for a
large suite of chemicals for NPDES wastewater permit renewal, however, that`sample is usually not taken
during a rain event ]
The one-time sample is intended to screen forrpossible stormwater problems at,these outfalls and confirm
negligible contribution Any benchmark exceedances would only trigger a Tier'1 response
Page 6 of 10
NCS000546
Discussions with permittee: Mark McGary, (704) 634-7098,5/11/2011, and Don Scruggs (with Plant Allen)
1 Q Two outfalls are commgled with routine wastewater discharges (not lust emergency overflows)
SWO11-004 and SW012-003 Are these evensampled during_ rain events,and are,they sampled prior to
cominglmg withistormwater?
a ANSWER 004 (SW011) is sampled quarterly for 0&G, and it sampled on the first Tuesday of the
quarter—so it may or may not coincide with a rain event Right now there is no way to sample the
discharge prior to commglmg with stormwater 003 (SW012) is not sampled except for the
wastewater permit renewal (and probably not when its raining)- The site is only required to
report flows, which it estimates from pump curves Stormwater runoff contributes a relatively
small volume to these continuous wastewater discharges
b How large is the wastewater flow from each of these outfalls? About 6 5 MGD max from 004,and
4 5 MGD from 003
2 Q- 'Stormwater°that's not routed through oil trap tank in, Drainage Areal 2 —does it bypass that tank?
Where's the discharge sampled?
a ANSWER No bypass, the trap tank is upstream of,the,rest of stormwater runoff Samples are
taken as,close to the end of pipe (outfall) as possible (after cominglmg)
3 Q Where's NPDES Outfall 002 (Ash Settling Basin) - farther south than this plan shows?
a ANSWER Yes To clarify, FGD treatment system flows from internal outfall 005 (sampled under
wastewater permit) into these basins There is pH adjustment capability at the settling basins, but
it's not.always necessary to use it
Page 7 of 10
NCS000546
SPU Power Plant Permit Strategy (Beginning 2009)
In recent years, the Stormwater Permitting Unit has,recognized the complex issues associated with coal -
burning power plants,and,the increased attention on coal ash storage, °use, and disposal it -these sites- Data,on
stormwater discharges from these plant sites is limited because the focus has traditionally been on
wastewater Regions have also voiced concern about potential contamination from metals in stormwater
discharges associated with the activities at these sites After researching constituents these activities or
materials may introduce to the power plant property (and with them potential for stormwater pollution), the
Unit formulated a strategy for these renewal permits
Basis Draft RTI Study ('Human and Ecological Risk Assessment of Coal Combustion Wastes; RTI, August
2007) and discussions with Robert Schreusdale of RTI suggest these metals may signal contamination
problems SPU also discussed contaminants with Duke UMvers►ty researcher, Dr Avner Vengosh, who
researched the TVA ash pond spill in 'Dec 2008 in Kingston, TN (Mtg with SPU on May 4, 2009)_ In
addition, RRO/DWQ has sampled discharges from cogeneration plants in the FRO area and flagged
metals of concern Overall, we have very little data with which to characterize stormwater discharges
from this industry, but we know'there is a concern and need for better,understand►ng about possible
stormwater pollution from act►v►t►es=here
(FYI - Cost of'clean mercury method around $100 )
Basis Power plants area potential mayor source, of mercury, and although some Hg maybe regional,
there is a risk that-s►gn►f►►cant quantities come from the activities at the plant itself While wastewater
permit limits are calculated based on low stream flow and high wastewater effluenttlow conditions—
andsometimes do not warrant -the lower -detection method—stormwater contributions vary broadly
and,do not change the bio -accumulative, nature of methyl -mercury SPU recognizes the -complexity of
regional air transport and deposition, as well as the cost and resources involved in clean mercury
sampling protocol, and therefore will exempt Hg from monthly monitoring in the tier structure
However, if mercury data suggest a problem ,driven by sources or activities at the plant, DWQ should
investigate further and could "require additional monitoring in the future
• Semi rannual nonIMF
ine for COD, TSS, pII, sulfates, and O&G
Basis conventional pollutants assoc►atedw►th types of activities here Note -include provision to allow
pH values below benchmark ►f facility can document rainfall pH is as low or lower at time of sampling
Basis Consistency with current draft General Permits and to facilitate prompter awareness of
monitoring results at the regional office level
Page 8 of 10
example,,plants might consider installing bioretenti'on cells for drainage areas where metal&are,a
problem and momtor,for effectiveness, in exchange for decreased'monitoring frequency and/or no
benchmark trigger We will also consider relieving monitoring if the facility can demonstrate levels
are not attributable to, or else notable to be separated from, -industrial activities SPU will work with
the regional offices to address situations on axcase-by-case basis
Basis SPU recognizes the ubiquitousness of copper and zinc, and the low benchmark concentrations for
metals like Cd, but we also know activities at power plants can be contributors of these pollutants SPU
feels alternatives to more monitoring can facilitate solutions and that the permit tier structure istlexible
enough to relieve the permittee of monitoring when appropriate
Federal effluent guidelines apply
specifically to the Steam Electric Generating industry, which excludes cogeneration facilities
However, cogeneration plants are similar in many respects, and coal storage,and handling activities
may even be identical SPU will consider a tailored approach for certain SDOs based, on proximity to
coal sources, storage area size, etc. Depending on the size and similarity of the,coal,storage and
handling,(and perhaps other factors), the perinitwriter could decide to (a) apply limits initially, or (b)
an,arrangement where benchmarks,mirrormg BPT requirements for coal pile leachate in 40 CFR §423
(TSS of 50 mg/l and pH 6-9 SU) would become limits after two exceedences (i.e, Tier 2 action), or (c)
lust impose benchmarks
Basis, Federal stormwater 6 luent limits apply to coal piles at steam electric generating facilities,
similarity of cogeneration plants land even elsewhere) warrant similar scrutiny Other states such as
Virginia, Ohio, and Georgia have already imposed the same BPTlimits on coal pile runoff and leachate at
facilities where coal burning for steam electric generation is not necessarily the.primary industrial
activity The tlexibilityfor North Carolina to do the same follows that lead and acknowledges the
potential for the same, pollution problems
Page 9 of 10
NCS000546
Recommendations: Based on the documents reviewed, the application information submitted on February 2
(fee submitted March`3, 2011) is sufficient to issue,an,Indrvidual Stormwater Permit
Prepared by (Signature)
Stormwater Permitting Unit
for
Date 5 f2 20�
1, Date sh Vp t
Concurrence by Regional Office Date,
RO Water Quahty Supervisor Date
Regional Office StafffComments (attach additsondl pages as�necessary)'
Page 10 of 10
NCS000546
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE E41PA
In compliance with the provisions of North Carolina ral S143-2`15 1, other lawful
standards and regulations promulgated and adopted b th - orth Carolina Environmental
Management Commission, and the Federal Water IF,lut' n ntrol Act, as amended,
Duke En ar inas, LLC
is hereby authondi e stormwater from a facility located at
1 n Steam Station
Plant Allen Road
Charlotte, NC
Gaston County
to receiving waters designated as the Catawba and South Fork Catawba Rivers, class WS -V, B
and class streams in the Catawba River Basin, in accordance with the discharge limitations,
momtoring'requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof
Note Draft Permit Dates are Approximate
This permit shall become effective August 1, 2011
This permit and the authorization to discharge shall expire at midnight on July 31, 2016
Signed this day July 29, 2011
for Coleen H Sullins, Director
Division of Water Quality
By the Authority of,the Environmental Management Commission
PART
Section A
'Section B
Section C
PART II
Section A
Section B
Section C
Section D
PART III
Section A
Section B.
TABLE OF CONTENTS
INTRODUCTION
Individual Permit Coverage
Permitted Activities
Locatior
MONITOR]
DISCHARC
Stormw,
Analytic
Qualitati
On -Site
Permit No NCS000546
PERMITTED
STANDARD CITIONS FOR NPDES' STORMWATER INDIVIDUAL
PERMITS
Compliance and Liability
1 Compliance Schedule
2 Duty to Comply
3 Duty t& Mitigate
4. Civil and Criminal Liability
5 Oil and Hazardous, Substance Liability
6 Property Rights
7. Severability
8. Duty to Provide Information
9 Penalties for Tampering
10. Penalties for Falsification of Reports
General Conditions
1 Individual Permit Expiration
2 Transfers
I
Permit No NCS000546
3 Signatory Requirements
4 Individual Permit Modification, Revocation and Reissuance, or
Termination
5 Permit Actions
Section C Operation and Maintenance of Pollution Controls
1 Proper Operation and Maintenance
2 Need to Halt or Reduce Not a Defense
3; Bypassing of Stormwater Control Fkci�p
Section D Monitoring and Records
1
Representative Sampling
2.
Recording Results
3
Flow Measurements
4
Test Procedures
5
Representative fall
6
Recor R e on
7
Inspects an - n
Section E Reporting uireme s
1
Ds c onitoring Reports
2
Subms sng Reports
3.
Availability of Reports
4
Non-Stormwater Discharges
5
Planned' Changes
6
Anticipated Noncompliance
7
Bypass
8
Twenty-four Hour Reporting
9
Other Noncompliance
10
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
11
Permit No NCS000546
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater associated with industrial activity Such
discharges shall be controlled, limited and monitored as specified in this permit
If `industrial materials and, activities are not exposed to ,precipitation or runoff as described in 40
CFR § 122.26(g), the facility may qualify for a No Exposure Excl Sion from NPDES stormwater
discharge permit requirements Any owner or operator wis o obtain a No Exposure
Certification must submit a No Exposure Certificatio O oVtothnDivision, must receive
approval by the Division, must maintain no exposur co iauthorized to discharge
under a valid NPDES stormwater permit, and must r ap foxposure Exclusion once
every five (5) years
SECTION B: PERMITTED
Until this permit expires or is rq & fitpdMor, vothe permittee'is authorized to discharge
stormwater to the surface waters rt C lana or separate storm sewer system that has been
adequately treated and managedliAlmNaWre with the terms and conditions of this individual
permit All stormwater disches sha , . in accordance with the conditions of this permit
Any other point source discurface waters of the state is prohibited unless it is an
allowable non-stormwater d ge or is covered by another permit, authorization, or approval
The stormwater discharges allowed by this individual permit shall not cause or contribute to
violations of Water Quality Standards
This permit does not relieve the permittee from responsibility for compfiance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree
'Part I Page I of 2
SECTION C: LOCA'T'ION MAP
Permit No NC9000546
Part I Page 2 of 2
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Ila/
NCS000546
Duke Energy Carolinas, LLC
Allen Steam Station
N
r
Latitude 35° 11' 25" N
RF
Longitude 810 00' 32" W
County Gaston
S
Receiving Stream' Catawba River
Strream'Gass' WS-V,,B
Map 50/ie 1,24,000
Sub -basin: 03-08-37 (Catawba River Basin)
Facility Location
Part I Page 2 of 2
Permit No NCS000546
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERM'ITTE'D DISCHARG°ES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred'to as
the Plan This Plan shall be considered public ,information in accordance with Part III, Standard
Conditions, Section E, Paragraph 3 of this individual permit The Plan shall include, at a
minimum, the following items.
'Site Plan The site plan, shall provide a,description ine , hysncal facility and the
potential pollutant sources which may be expect d tribute to contamination of
stormwater discharges The site plan shall' cor} info I w1W
(a) .A general location map ('USGS
equivalent map), showing the f,
routes and surface waters, the n
stormwater outfall(s) discharggi
storm sewer system, the n __ c
waters, and accA
late ani
general location (o t
receiving water p 're ( ,
located in a wg
parameter(s)
North Carol a
or appropriately drafted
in relation to transportation
ving water(s) to which the
Vischarge is to a municipal separate
icipalrty and the ultimate receiving
de of the point(s) of discharge The
sate map) shall identify whether each
the state's 303(4) list of 4mpaired'waters) or is
h a TMDL has been established, and what the
s 303 List can be found here
http://h2o.e r .nc.us/tmdl/General_303d.htm#Downloads
North Carolina DL documents can be found here
http://h2o.enr;state.nc.usitmdl/TMDL, list.htm#Final TMDLs.
(b) A narrative description of storage,practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfall
(c) A site map drawn to scale (including a distance legend) showing the site property
boundary, the stormwater discharge outfalls, all on-site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces The site map
must indicate the percentage of each drainage area that is impervious
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and`any corrective actions taken to mitigate
spill impacts.
Part' II Page I of 1 I
Permit No NCS000546
(e) Certification that the stormwater outfalls have been evaluated for°the presence of
non-stormwater discharges The certification statement will be signed in
accordance with the requirements found, in Part- III, Standard Conditions, Section
B, Paragraph 3 The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of-tion-stormwater,discharges
2 Stormwater Management Plan The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials, to stormwater, including structural and
nonstructural measures The stormwater management plan, at a minimum, shall
incorporate the following -
(a) Feasibility Study A review of the tee
the, methods of,operations and/or stor
of materials and processes to stormw
prevent exposure of all storage areas,
manufacturing ,pr fueling operationA
not practical, the stormwaterm ag
diverting the stormwater run ,,a
17, d onoc feasibility of changing
ti t minate or reduce exposure
erev practical, the permittee shall
ihandling operations, and
here elimination of exposure is
Oan shall document the feasibility of
areas of potential contamination
(b) Secondary Cont h nt a 'ire aMts and Records Secondary containment is
required for bulk or e i id materials, storage in any amount of Section
313 of Title III of pftlTd Amendments and Reauthorization Act (SARA)
water priority c mical storage in any amount of hazardous substances, in
order to prev leaks d spills from contaminating stormwater runoff A table
or summary f tanks and stored materials and their associated secondary
containment all be maintained. If the secondary,containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices (which shall be
secured closed with a locking mechanism), and any stormwater that accumulates
in the containment.area shall be at a minimum visually observed for color, foam,
outfall staining, visible sheens and dry weather flow, prior to release of the
accumulated stormwater. Accumulated stormwater shall be released if found to
be uncontaminated by'the material stored within the containment. area Records
documenting the individual making the observation, the description of the
accumulated stormwater, and the date and time of thexelease shall be kept for a
period of five years
(c) BMP Summary A listing of site structural and,non-structural Best Management
Practices (BMP) shall be provided The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges The BMP Summary shall 'include a
written record of the specific rationale for°installation and implementation of the
selected site BMPs The BMP Summary shall be reviewed and updated annually
Part 11 Page,2 of 11
Permit No NCS000546
3 Spill Prevention and Response Plan The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility Facility personnel (or the team) responsible for implementing the
SPRP shall be identified in a written list incorporated into the SPRP and signed and dated
by each individual acknowledging their responsibilities for the plan A responsible
person shall be on-site at all times during facility operations that have the potential to
contaminate stormwater runoff through spills or exposure of materials, associated with the
facility operations' The SPRP must be site stormwater specific Therefore, an oil Spill
Prevention Control and Countermeasure plan (SPCC) maybe a component of the SPRP,
but may not be sufficient,to completely address the stormwater aspects of the,SPRP The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP _
4 Preventative Maintenance and Good House
maintenance and good`housekeeping progr,
all, stormwater control systems, stormwater
surface waters and, wetlands, industrial acti,
material handling areas, disposal areas, pr
haul roads), all drainage> features and st cb
program shall establish schedules of pe,�
activities of'stormwater control
facility systems that pre n p
I-nspection of material ha in
be incorporated into the
inspections, mamtena t1
and l
in the SPPP A
A e 11 WO,d The program shall list
i e ou,ll, on-site and adjacent
a ncluding material storage areas,
ire oadmg and unloading areas, and
existing structural BMPs- The
maintenance, and housekeeping
as facility equipment,, facility areas, and
water exposure or stormwater pollution
regular cleaning, schedules of these areas shall
compliance with the established schedules for
ng shall be recorded in writing and maintained
5 Employee Training TfMrng_programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for spill response
and cleanup, preventative maintenance activities; and .for any of the facility's operations
that have the potential to contaminate stormwater runoff Facility personnel (or team)
responsible for, implementing the training shall be identified; and their annual training
shall be documented by the signature of each employee trained
6 Responsible Party The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, nand
revision to the Plan Responsibilities for all components of the Plan shall be documented
and position assignments provided.
7 Plan Amendment The permittee shall amend the Plan wheneverthere, is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge,of'pollutants to surface waters All aspects, of the Stormwater
Pollution Prevention Plan shall be reviewed and updated on an annual basis The annual
update shall include an updated list of significant spills or leaks of pollutants for the
previous three years, or the notation that no spills have occurred. The annual update shall
`include re -certification that the stormwater outfalls have been,evaluated for•the presence
of non-stormwater discharges. Each annual update shall include a re-evaluation of the
Part II Page 3 of 11
Permit No NCS000546
effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management
Plan.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements The permittee shall provide certification In writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been.made
8 Facility Inspections Inspections of the facility and all stbrmwater systems shall occur as
part of the Preventative Maintenance and Good Housekee Ing Program at a minimum on
a semi-annual schedule, once during the first half of ar (January to June), and once
during the second half (July to December), wit , 1 t days eparatmg `mspectlon
dates (unless performed more frequently than m nn These,facility inspections
are different from, and in addition to, the sto w er disc ge characte'ristic monitoring
requtred.In Part II B, C and D of this permit
9 Implementation. The permittee shall
shall Include documentation of all m
activities, and training provided t
of actions taken to ImoleAnt ., i .
vehicle maintenance acts
five years and made aval
immediately upon reggo
t � Ian Implementation of the Plan
,, easurements, Inspections, maintenance
including the log of the sampling data and
ed with the Industrial activities, Including
-ntatlon shall be kept ,on-site for a period of
or the Director's authorized representative
Part 11 Page 4 of I I
Permit No NCS000546
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1 All
analytical monitoring shall be, performed during a representative storm event The-requi-red
monitoring will result in a minimum of ten analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO)
A representative storm event is a "storm event that measures greater than 0 1 inches of rainfall The
time between this storm event and the previous storm event measuring greater than 0 1 inches must be at
least 72 hours A single "storm event may have a period of no precipitation of up to 10 hours For
example, if it gains but stops before producing any collectable discharge, a sample may be, collected if the
next rain oroducink a discharize beams within 10 hours ,►
Table 1. Analytical Monitoring Req
Discharge
ECMaractea;istics
Units
Measurement
FrL uenc, 1
Sample
Sample
3,4
40 CFR Part 423 Appendix A
13'Priority Pollutant Metals
'(Ag, As, Be', Cd, Cr, ,Cu, Hg,
Ni, Pb, Sb, $e, Tl, Zn) 4
µg/,1
& 44
s i- ual
Grab
SDO'
Al
semi-annual
Grab
SDO
B
µg/
semi-annual
Grab
SDO
COD
1
semi-annual
Grab
SDO
TSS
mg/1
semi-annual
Grab
SDO
Sulfate
mg/1
semi-annual
Grab
SDO
Oil and Grease (O&G)
m /l
semi-annual
Grab
5D0
H
standard
semi-annual
Grab
SDO
ota 'hos .1io -us (T�Pt
Total Rainfalls
inches
semi-annual
Rain Gauge
-
Footnotes -
I Measurement Frequency Twice per year during a, representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be,considered for a renewal application The applicant must continue semi-annual monitoring until
the renewed permit is issued See Table 2 for schedule of monitoring periods through the end of this permitting
cycle
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge
3 Sample Location Samples shall be collected at each stormwater discharge outfall (SDO) unless representative
outfall status has been granted
Part II Page 5 of l l
'5
Permit No NCS000546
Mercury shall be analyzed by EPA Low-level defection method 1631 E, This method also requires a field blank
be analyzed A benchmark does not apply; however,,values above 0:012' µg/I should be noted on annual,SDO
DMR reports to the Regional Office
6 For each sampled representative storm event the4otal precipitation must,be recorded, Anon -site ram,gauge or
local rain gauge reading must be recorded
The permittee shall complete the minimum ten analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days m st separate each sample date
unless monthly monitoring has been instituted under a TierIWesponse
Table,2. Monitoring Schedule lq%6/
tZ
Monitorin eriod '
Sample Number
Start
End
Year 1
— Period 1
1
A gu 1 O 11
December 31, 2011
Year 1
— Period 2
2
ni "y , 2012
June 30, 2012
Year 2
— Period 1
3
J , 2012
December 31, 2012
Year 2
— Period 2
4
J ary 1, 2013
June 30, 2013
Year,3
— Period 1
July 1, 201-3
December 31, 2013
Year 3
— Period 2
6
January 1, 2014
June 30, 2014
Year 4
— Period 1
e479L, I
July 1, 2014
December 31,, 2014
Year 4
— Period 2
8
January 1, 2015
June 30, 2015
Year 5
— Period 1
9
July 1, 2015
December 31, 2015
Year 5
— Period 2
141WTO
January 1, 2016
June 30, 2016
Footnotes
1 Maintain semi-annual monrtormg.durmg permit'renewal process The applicant must contmue�serm-annual
monitoring until t}ie,renewed permit is issued
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No
Flow" within 30 days of the end of the six-month sam lmggeriod
SU► ®s SW0 1 and S'W(112 should be sam ledonce duan this enol
The permittee shall report the analytical results from the first sample with valid results within the
monitoring period In addition, a separate signed Annual Summary DMR copy shall be
submitted to the local DWQ Regional Office (RO) by March 1 of each year. The permittee
shall compare monitoring results to the benchmark values in Table 3 The benchmark values in
Table 3 are not permit limits but should be used as guidelines for the permittee"s Stormwater
Pollution Prevention Plan (SPPP) Exceedences of benchmark values require the permittee to
increase monitoring, increase management actions, increase record keeping, and/or install
stormwater Best Management Practices (BMPs) in a tiered program gee below the descriptions
of Tier One and Tier Two
Part II Page 6 of 11
Permit No NCS000546
Table 3. Benchmark Values for Analytical Monitoring
Discharge CharacteristicsUnits
Benchmark
Aluminum -
mg/l
075
Antimony
mg/l
0109
Arsenic
mg/l
036
Beryllium
mg/1
007
Boron
mg/l
N/A
Cadmium
mg/1
0 001
Chromium
mg/l
Copper
mg/l
007
Lead
mg/l
L.11%oe
Mercury
µg/1
N/A
Nickel
mg/1
V.026
Selenium
mg/
0 056
Silver
0 001
Thallium
,
N/A
Zinc
p
0 067
COD
mg/l
120
TSS
mg/1
100
Sulfate
mg/l
500
O&G
mg/l
30
eta Yt��o en
7/
of ' laos hohus T
n / i
pH (see footnote 1)
standard
6 - 9�
Footnotes
1 If pH values outside -this range are recorded, in sampled, stormwater discharges, but ambienUramfall data
indicate precipitation pH levels are within + 0.1 standard units of the measured discharge values or
lower, then,tlie lower threshold of this benchmark range does not,apply Readmgs from an on-site or local ram
gauge (or local precipitation data) must be documented to demonstrate background concentrations were below
the benchmark pH range
Part 11 Page 7 of 11
Permit No NCS000546
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark
range, for any parameter at any outfall,
Then: The permittee shall
1 Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2 Identify and evaluate possible causes of the benchmark value exceedence
3 Identify potential, and select the specific source controls, operational controls, or physical
improvements to reduce concentrations of the paramelolpfconcern, or to bring
concentrations to within the benchmark range
4 Implement the selected actions within two mo of th s ection.
5 Record each,instance ,of a Tier One response i, rmwater Pollution Prevention Plan
Include the date and value of the benchmar ex ed7, , the inspection date, the personnel
conducting the inspection, the selected do e date the selected actions were
implemented
Tier Two
If: During the term of this pVth
alid sampling results from two consecutive
monitoring periods are achmark values, or outsideof the° benchmark "range, for any
s ecific arameter at a s rge outfall,
Then: The permittee shall
1. Repeat all the required actions outlined above in Tier One
2 Immediately institute monthly monitoring ,for all parameters (except mercury) at every
outfall where a sampling result exceeded the benchmark value for two consecutive samples
Monthly (analytical and qualitative) monitoring shall continue until three consecutive
sample results are below the benchmark values, or within the benchmark range, for all
parameters at that outfall
3 If no discharge occurs during the sampling period, the permittee 'is required to submit a
monthly monitoring report indicating "No Flow "
4 Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan
Part II Page,8 of I I
Permit No NCS000546
During the term of this permit, if the valid sampling results required for the permit monitoring
periods,exceed the benchmark value, or are outside the benchmark range, for any specific
parameter at any specific outfall on four occasions, the permittee shall notify the DWQ
Mooresville Regional Office Supervisor in writing within 30 days of 'receipt of the fourth
analytical results DWQ may, but is not limited to
• Require that the permittee increase or decrease the monitoring frequency for the
remainder of the permit,
• Work with the permittee to develop alternatty es e s rate es,
• Require the permittee to install structural sto ter co s,
• Require the permittee to implement other st at control measures; or
• Require that the permittee implement sit od ca ' ns to qualify for the No Exposure
Exclusion
This site discharges to the South o C River, which is impaired for copper If a Total
Maximum Daily Load (TMDL) is r e this segment of the river, the Division may
require additional monitoring this et (currently part of the permit) or consider routine
sample results in determinm hether dditional BMPs are needed to control the pollutant(s) of
concern to the maximum ex en ra able This site is also located in the watershed draining to
Lake Wylie, which has a T p L nutrients
If additional BMPs are needed to achieve the required level of control, the permittee will The
required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable
for incorporation of those BMPs into the permitted Stormwater Pollution.Prevention Plan
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed,as specified in Table 4, during the analytical
monitoring event,, [If analytical monitoring is not required, the permittee still must conduct semi-
annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the
effectiveness of the Stormwater Pollution Prevention, Plan (SPPP) and,assessing new sources of
stormwater pollution
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall
document the.suspected cause of the condition and any actions taken in response to the
discovery This documentation will be maintained with the SPPP
Part 11 Page 9 of 71
Table 4. Qualitative Monitoring Requirements
Discharge Characteristics
Freyuencyi
onitoring
Locati®n2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual _
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SOO
Oil Sheen
semi-annual
S12.0 Ap
,Erosion of deposition at the
semi-annual
t )%6.
outfall
'Other obvious indicators
semi-annual •
DNW
O
of stormwater pollution
Footnotes
I Measurement Frequency Twice per year during
permit is'issued for this facility or until this pe
the permittee has submitted the aper riate
permittee will be considered fora ne I a he
the renewed permit is issued See Ta a or
cycle
2 Monitoring Location Qualitat►v onitorn s
regardless of representative out 1 status
Permit No NCS000546
1-2
#Fritat storm event, for each year until.either another
ke r rescinded If at the end of this permitting cycle
Keapplicant
ewal permit before the submittal deadline, the
must continue semi-annual monitoring until
of momtormg3periods through the end of this permitting
I be performed at each stormwaterdischarge outfall (SDO)
SECTION D: ON-SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on-site which uses more than 55
gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table,5. This monitoring shall be performed,at all
stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas
and in accordance with the schedule presented in Table 2 (Section B) All analytical monitoring
shall be performed during a representative storm event
Part II Page 10 of 11
Permit No NCS000546
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
H
Units
standard
MeasurementWaple
re uenc ,1e2
semi-annual
Grab
Sample
Locatiom3
SDO
Total Petroleum Hydrocarbons
EPA Method 1664 (SGT -HEM
mg/1
semi-annual
Grab
SDO
Total Suspended Solids
mg/l
semi-annual
Grab
SDO
Total Ramfall4
inches
semi-annual
Rain gauge
New Motor Oil Usage
I gallons/month
I semi-ann l'
Estimate
I
Footnotes
1 Measurement'Frequency Twice per year during a,represent
permit is issued for this facility or until this permit is revoke
the permittee has submitted the appropriate paperwork for a
permittee will be considered for a renewal application The
the renewed permit is issued See Table 2 for schedAdet
cycle
2 If the stormwater runoff is controlled by a stormwat
pond shall bezcollected within the first 30 minute di ai
ev t, for ch year until,either another
and a end of this permitting cycle
permi ore the submittal deadline, the
L�must continue semi-annual, monitoring until
periods through the end of this permitting
Or
I a grab sample of the discharge from the,
the pond
3 Sample Location Samples shall be c llecteAma
ch t ter discharge outfall (SDO) that discharges
stormwater runoff from area(s) wh a hicten activities occur
4 For each sampled representative sto e t t to precipitation must be recorded An on-site or local rain
gauge reading must be recorded
Monitoring results shall beare o the benchmark values in Table 6 The benchmark
values in Table 6 are not peMIMWits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP) Exceedences ,of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMP9), as provided in Part II Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge Characteristics
Units M
MBTn—ch!m!a!rMk
pH (see footnote 1)
standard
6 - 9i
Total Petroleum Hydrocarbons (TPH)
mg/L
15
Total Suspended Solids
mg/L
100
Footnotes
1 If pH values outside this range are recorded in sampled stormwater discharges, but ambient rainfall data
indicate precipitation pH levels are within + 0.1 standard units of the measured values or lower, then the
lower threshold of this benchmark range does not apply Readings from an on-site or local rain gauge (or local
precipitation data) must be documented'to demonstrate background concentrations were below the normal•pH
range
Part Ii Page 11 of 11
Permit No NCS000546
PART IIi STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule
Existmg Facilities already operating but applymg,for permit coverage for the first time The Stormwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the{effective date of the
initial permit and updated thereafter on an annual basis Secondary containment, as specified in Part 1I,
Section A, Paragraph 2(b) of this permit, shall be accomplishedwithi 12 months of the effective date of
the initial permit issuance _
New Facilities applying for coverage for the first time d e in' aciti previously permitted and
applying for renewal under this pen -nit The StonmwatNpecified
r ion Plan shall be developed and
implemented prior to'the,beginning of discharges+fromn of the industrial activity and be
updated thereafter on an annual basis Second'
in Part I1, Section A, Paragraph
2(b) of this permit shall be accomplished prior to ischarges from the operation of the
industrial activity
Du!y to Comply
The permittee must comply wi al on o of this individual permit Any permit noncompliance
constitutes a violation of the Cl Wa - nd is grounds for enforcement action, for permit
termination, revocation,and suanc , or odifcation, or denial of a permit upon renewalapplication
r
comply ith standards,or prohibitions established under section 307(a) of the
The permittees al
Clean Water A fo ollutants within the time provided in the regulations that establish these
standards or proh ns; even if the permit has not yet been modified to incorporate the
requirement -
The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 per day for each violation Any person who negligently violates any
permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or
imprisonment for not`more than 1 year, or both Any person,who knowingly violates permit
conditions isisubject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment' for not more than 3 years, or both Also, any person who violates a permit condition
-may be assessed an administrative penalty not to exceed $10,000 per°violation with the maximum
,amount not to, exceed'$125,000 [Ref Section 309,of the Federal Act 33 USC 1319 and 40 CFR
122 41(a) ]
Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation
may be, assessed,, against any person who violates,,or'fails,to act in accordance with the terms,
conditions, or requirements of a permit [Ref NC General Statutes 143-215 6A]
Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307,308, 318 or 405 of the Act, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act Administrative penalties for Class
I violations are not to exceed $10,000 per violation, with the maximum^,amount of any Class I
penalty assessed not to exceed $25,000 Penalties for Class I1 violations are not°to exceed
Part III Page I of 8
Permit No NCS000546 '
$10,000 per day for each day during which the v►olatibn continues, with the maximum amount of
,any Class, II penalty not to exceed,$125,000
Dutv to M►t►eate
The;permittee shall take all reasonable steps to minimize or,prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the environment
Civil and Criminal Liability
Except as provided in Part Ill, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in -this individual permit shall be construed to relieve the perm ittee,from ,any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215 3,143-215 6A, 143-215 66, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319 Furthermor the permittee,is responsible for
consequential damages, such as fish kills, even though the resp rtity for effective compliance may be
temporarily suspended If
5 Oil and Hazardous Substance ,Liability
Nothing in this individual permit shall'be construed ecl e t institution of any legal action or relieve
the permittee from any responsibilities, liabilities en ies which the permittee is or may be subject to
under NCGS 143-215 75 et seq or Section 31 1 th e er Act, 33 USC 1321
6 Property Rights
The -issuance ,of this ind►vidua e , do n convey any property rights in either real or personal
property, or any exclusive privi es, n d it authorize any injury to private property or any invasion of
personal rights, nor any infr ement f eral, State or local laws or regulations
7 Severability
The provisions of this indiviUM�permit are severable, and if any provision of this individual permit, omhe
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remamderof this individual permit, shall not,beaffected
thereby
8 Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to,determine whether cause �exists,for modifying, revoking and reissuing, or terminating the
permit issued pursuant to this individual permit or to determme compliance with this individual permit The
permittee shall also furnish to the Director upon request, cop►esof records required to be�kept by this
individual permit
Penalties for Tampering
J '
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this individual permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more
than two years per violation, oriby both If a conviction of a person is, for wviolation, committed after a first
conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of
violation, or by imprisonment�of not more than 4,years, or both
Part III Page 2 of 8
Permit No NCS000546
10 Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this individual
permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment,for not more than two years
per violation, or by, both
SECTION B: GENERAL CONDITIONS
Individual Permit Expiration
The permittee is not authorized to discharge after the expiration date n order to receive automatic
authorization to discharge beyond`the expiration date, the 'e all sulimit,forms and fees,as are
required by the agency authorized to issue permits no la ha 18 , ays pri to the expiration date Any
permittee that,has' not requested renewal at least, ISO d' s pr to , or any permittee that does not
have a permit after the.expiration and has not requeste' re wal at le 0 days prior to expiration, will be
subjected to enforcement procedures as provided in N § -215 6 and 33 USC 125,1 et seq
Transfers
This,permit is not transferable to any
Director may require modification or
incorporate such other requir, is
required to notify the Drvisio in
Signatory Requirements
All applications, reports,
All applications
faftefioticie to and approval by the Director The
suance of the permit to change the name and
Mary under the Clean Water Act The Permittee is
event the permitted facility is sold or closed.
submitted to the Director shall be signed and certified'
under this individual permit,shall be signed as follows
(1) In the case of a corporation by a principal executive officer of at least the level of`vice-
president,,or his duly authorized representative, if such representative is responsible�for
the overall operation of the facility from which the discharge described in the permit
application form originates,
(2) In the case of a partnership or limited partnership by a general partner,
(3) In the case of a sole proprietorship by the proprietor,
(4) In the case of a municipal, state, or other public entity by'a principal executive officer,
ranking elected official, or other duly authorized employee
All reports required by the individual permit and other'information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person A
person is a duly authorized representative only if
(1) The authorization is made in writing by^a person described above,
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as,the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
Part III Page 3 of 8
Permit No , NCS000546 '
responsibility, or an individual or,position having overall responsibility for environmental
matters for the company (A duly authorized representative may thus be either a named
individual or any individual occupying a named position ), and
(3) The written authorization is submitted to the Director
Any,person signing a document under paragraphs a or b of this section shall make the following
certification
"I certify, under penalty of law, that`this document and all attachments, were prepared under my
direction or supervision in accordance with a system designed,to assure that qualified personnel
properly gather and evaluate the information submitted Based on my inquiry of the person or
persons who manage the<system, or those persons directly responsible for,gathering'the
information, the information,submitted is, to the best of myowledge and belief, true, accurate,
and complete I am,aware that;there are significant pe for submitting false information,
including the possibility of fines and imprisonrn Sfo o ng vio,ktions "
The issuance of this tndividual,permit does not
individual permit, revoking and reissuing the it
allowed by the laws, rules, and regulations con
and 123; Title 15A of the North Carolina
General Statute 143-215 1 et al - V
Permit Actions
The permit may be mod
changes or anticipated r
SECTION C: OPERATION
2
Proper Operation and Maintenance
or
ctr from reopening and modifying the
terminating the individual permit as
Code of Federal Regulations, Parts 122
Subchapter 2H 0100, and North Carolina
or terminated,for cause The notification of planned
not stay any individual permit condition
ENANCE�OF POLLUTION CONTROLS
The permittee shallat all times properly operate -and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions' of this individual permit Proper operation and maintenance also includes adequate
laboratory contfols and appropriate quality assurance procedures This provision requires the, operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation
is necessary'to achieve compliance with the conditions of this individual permit'
Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity,m order to`mamtain compliance with'the conditiomyofthis individual permit
Bypassmg of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless
Bypass was unavoidable to prevent loss of life, personal injury or, severe property damage, and
Part III Page 4 of 8
Permit No NCS000546
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 nor 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 permiumsubmitted notices as required under, Part III, Section E,,of this permit
If the Director determines that it will meet the three conditions hsted,above, the Director may approve an
anticipated bypass after consideeing its adverse,effects
SECTION D: MONITORING AND RECORDS
I Representative Sampling
Samples collected and measurements taken, as require ere , sh be racteristic of the volume and
nature,of the permitted discharge Analytical'sampling h be,perfo during a representative storm
event Samples shall be taken on a -day and time that is ristic of the discharge All samples, shall be
taken before the discharge loins or is diluted by any r w to s eam, body of water, or substance -
Monitoring points as specified in this permit sha be an without notification to and approval of
the Director -
2 Recording Results
For each measurement, sample, cti _ or aintenance,activity performed or collected pursuant to the
requirements of thi's individual t, a ittee shall record the following mformation
a The, date, exact p e, and ti f sampling,, measurements, inspection or maintenance activity,
b The individual( w ormed the sampling, measurements, inspection or maintenance activity,
c The date(s) analyses were performed,
d The mdividual(s) who performed the analyses,
e The analytical techniques or methods used, and
f The results of such analyses
3 Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges
4 . Test Procedures
Test procedures for the analysis of pollutants shall conform to the,EMC regulations, published pursuant to
NCGS 143-215 63 et seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant
to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136
Part IIi Page 5 of 8
Permit No NCS000546 `
Tosmeet the intenrof the monitoring required by -this individual permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure
Representative Outfall
If a facility has multiple, discharge locations with substantially identical stormwater discharges that'are
required to be sampled, the permittee may petition the Director for representative outfall status If it is
established that the stormwater discharges are substantially identical and,the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of outfalls
Records Retention
Visual monitoring shall be documented and records maintained at
Pollution Prevention Plan Copies of analytical monitorm res
permittee shall retain records of all monitoring informat , me c
records and all original, strip chart recordings for conti ous m
reports required by this individual permit for a period a ast 5
measurement, report or application This period may b to ed
Inspection and Entry
thcility along with the Stormwater
eall also be maintained on-site The
all cal ration and maintenance
umentation, and copies of all
ye om the date of the sample,
by request of the Director at any time
The permittee shall allow the Director, or agpth2fteciffipresentative (including an authorized contractor
acting as a representative of the Director , m tagVof a facility which discharges through a municipal
separate storm sewer system, th . ze epr ative of a municipal, operator or the separate storm
sewer system receiving the ds ar up resentation of credentials and other documents as�may be
required by law, to,
a Enter upon the p ittee's pr ses where a regulated facility or activity is located or conducted,
or where record ust,be t under the conditions of this,individual permit,
b Have access to an y, at reasonable times, any records that must be kept under the conditions of
this individual permit,
c Inspect at reasonable times any facilities, equipment (including, monitoring and control equipment),
practices, or operations regulated or required,under this individual permit, and
d Sample or monitor,at reasonable times, for the purposes of assuring individual permit compliance
Or as otherwise authorized by the Clean Water Act, any substances -or parameters at any location
SECTION E: REPORTING REQUIREMENTS
Discharge Momtormi? Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director Submittals shall be°delivered to the
Division no later than 30 days from the date the facility receives the sampling results from the laboratory
When no discharge has occurred from the facility during the report period, the permittee is required to
submrt,a discharge,monitormg report within 30 days of the end of the three-month sampling period, givmg
all required information and indicating "NO FLOW" as per NCAC T15A 02B 0506
Part III Page,6,of 8
Permit No NCS000546
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site,
Qualitative monitoring results°should not be submitted to the Division, except upon, DWQ's specific
requirement to do so
Submitting Reports
Duphcate,signed copies of all reports required herein, shall be submitted to the following address -
Division of Water Quality
Surface Water Protection Section,
ATTENTION Central Files
161`7 Mail Service Center
Raleigh, North Carolina 27699-161`7
In addition, aseparate signed Annual Summary DMR c shAilibne brmttej to the permittee's DWQ
Regional Office (RO) by March I of each year
Availability of Reports
Except for data determined to be confidential un 14 715 3(a)(2) or Section 308 of the.Federal
Act, 33 USC 1318, all reports prepared n acco anc th terms shall be available for pubhc'mspection
at the offices of the Division of Water Qual A equ' by the Act, analytical data shall not be
considered confidential Knowingly maki any ise atement on any such report may result in the
imposition of criminal penalti pr for n GS 143-215 6B or in Section 309 ofthe Federal Act
4 Non-Stormwater Discharges
If the storm event monitor in accor a with this individual permit coincides with a non-stormwater
discharge, the permittee s 1 separa y monitor all parameters,as required under the non-stormwater
discharge permit and pro id ormation with the stormwater discharge monitoring report
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 dischafged This, notification
requirement includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 CFR Part 122 42 (a)
6 Anticipated Noncompliance
The permittee shall give,notice to the Director as soon as possible of any planned'changes at the permitted
facility which may result in noncompliance with the individual permit requirements
Bypass
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, mcludmg an evaluation of
the anticipated quality and affect of the bypass
b Unanticipated bypass The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass
Part i II Page 7 of 8
10
Permit No NCS000546
Twenty-four Hour Reporting
The permittee shall report to the central office,or the appropriate regional office any noncompliance which
may endanger health or the environment Any information shall be provided orally within 24 hours from
the time the permittee became aware,of the circumstances A written submission shall also be provided
within 6 days of the time the permittee becomes aware of the circumstances
The written submission shall contain a description of the noncompliance, and its causes, the period of
noncompliance, including exact dates and times, and if themoncomphance has not been corrected, the
anticipated time compliance is expected to continue, and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance
The Director may waive the written report on a case-by-case basis if the oral report has been received
within,24 hours
Other Noncompliance
The permittee shall report all instances of
monitoring reports are submitted
Other Information
Where the permittee becomes aware that it
individual permit or in any report to the DI
24 hour reporting at the time
Nit any relevant facts in an application for an
promptly submit such facts or information
Part III Page 8 of 8
NCS000546
PART IV LIMITATIONS REOPENER
This individual,permit,shall be modified or alternatively, revoked,and reissued, to,complywith any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and
307(a) of the Clean Water -Act, if the effluent guideline or water quality standard so issued or approved
a Contains different conditions or is otherwise more stringentithan any effluent limitation in the individual
permit, or
b Controls any pollutant not limited in the individual permit
The individual permrt,as modified or reissued under this
Act then applicable
PART V ADMINISTERING AND
The permittee must pay'the administering andco an
the Division Failure�to pay the fee inely r ih
Division to initiate action to revoke th id ne
PA I
1 Act
'See Clean Water Act
2 Arithmetic Mean
3
4
other requirements in the
MONITORING FEE
ig fee within 30 (thirty),days after being billed by
with 15A NCAC 2H 0105(b)(4) may cause this
DEFINITIONS
The arithmetic,mean of any set of values is the summation of the individual values divided by,the number of
mdividual values
Allowable Non-Stormwater Discharaes
This permit regulates stormwater discharges Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are
(a) All other discharges that are authorized by a non-stormwater NPDES permit
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potableFwater, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands
(c) Discharges resultmg from fire -fighting or fire-fightmg training
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, act►v►ty,, or physical structure
Parts IV, V and VI Page 1 of 5
Permit No NCS000546 '
5 Bypass
A bypass is the known diversion of stormwater from any°portion of a stormwater control facility including
the, collection, system, which is not a designed or established operating mode for the facility
6 Bulk Storagequid Products
,Liquidraw materials, manufactured products, waste materials or by-products with a single above ground
storage container'having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320 gallons
7 Clean Water Act
The Federal Water Pollution Control Act, also known,a an ater A (CWA), as amended, 33
USC 1251, et seq
8 Division or DWQ
The Division of Water Quality, Department of E t a atural Resources
9 Director
The Director of the Divisionter/Uaty,tWrmitissuing authority
10 EMC 4
The North Carolina Envirental M n d:7t Commission
11 Grab Sample IWF
An individual sample collected instantaneously Grab samples that will be directly analyzed,or qualitatively
monitored must be taken within the first 30 minutes ofdischarge
12 Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act
13 Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility,,a, surface impoundment, an injection,well, a hazardous waste long-term storage facility or
a surface storage facility
14 Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or town
15 No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant�shelter oracceptable storage contamers to prevent exposure to ram,,snow, snowmelt, or runoff
Industrial materials or activities include, but are not limited to, material handling equipment onactivrties,
Part VI Page 2,of 5 Pages
16
17
18
19
20
21
22
23
Permit No NCS000546
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products
DW,Q 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)
Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding
topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations
Permittee
The owner or operator issued a permit pursuant to this individual permit
Point Source Discharge of'Stoimwater A
Any°discernible, confined,and discrete conveyance, incl g, flt n specifi lly limited to, any pipe, ditch,
channel, tunnel, conduit, well, or discrete fissure fromich r at Woffr maybe discharged to waters
of the state
ftc 'W -
Representative Storm Event
A storm event that measures greater, than 0 1 i es 'f and that is preceded by at least 72 hours in which no
storm event measuring; greater than 0 j inc as ccu d A single storm event may contain up to I 0 consecutive
hours of no precipitation For example, f rai ours without producing any collectable discharge, and then
stops, a sample may be collec a r m p odu discharge begins again within'the next 10 hours
Representative Outfall Status
When it is established thatff a dischar elof stormwater runoff from a single outfall is representative of the
discharges at multiple ou a Is, the Q may grant representative outfall status Representative outfall
status allows the permittd?MpgoFin analytical monitoring at a reduced number of outfalls
Rinse Water Discharge
The discharge of rinse water'from equipment cleaning areas associated with md'ustriabactivity Rinse
waters from vehicle and equipment cleanmg areas are process wastewaters and do not include washwaters,
utilizing any type of detergent or cleaning agent ,
Secondary Containment
Spill contamment 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
Section 313 Water Priority Chemical
A chemical or chemical category which
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
Part VI Page 3 of 5 Pages
24
25
26
27
28
29
30
Permit No NCS000546
That meets at least one of the following criteria
(1) Is listed in Appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants),
Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and
hazardous substances),
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116 4, or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria
Severe Property Damage
Means substantial physical damage to property, damage to the contro acilities which causes them to
become moperable,or substantial and permanent loss of natura rtes which can reasonably be
expected to occur in the,absence of a bypass Severe prQe ty a e does t mean economic loss caused
by delays -in production
Significant Materials
Includes, but is not limited to raw materials, fue to . is s h as solvents, detergents, and plastic
pellets, finished materials such as metallic pro cts a ials used m ,food processing or production,
hazardous substances designated under sec 1"0 14) CERCLA, any chemical the facility is required to
report,pursuant'to section 313 of Title II SA lizers, pesticides; and waste products such,as ashes,
slag and sludge that have the Att,�ntia o 1e6 with stormwater discharges
Significant Spills
Includes, but is not limite release bYoil or hazardous substances in excess of reportable quantities
under section 31 1 of the 1 an Wat Act (Ref 40 CFR 110 10 and CFR 117 21) or section 102 of
CERCLA (Ref- 40 CFR 02
Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall oras 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, pfocessmg,or raw material storage areas at an industrial site Facilities
considered, to be,engaged in "industrial activities" include those activities defined in 40 CFR 122 26(b)(14)
The term does not include discharges from facilities or activities excluded from the NPDES program
Stormwater Pollution Prevention Plan
A comprehensive site-specific plan which details measures and practices to reduce stormwater pollution and
is based on an evaluation of the pollution potential of the site
Ten Year Design Storm
The maximum 24 hour precipitation event expected to be,equaled or exceeded on the average once in ten
years Design storm information ,can be found in the State of North, Carolina Erosion and Sediment iControl
Planning and Design Manual
Part VI Page 4 of 5 Pages
Permit No NCS000546
31, Total Flow
The flow corresponding to the time period over which the entire storm,event occurs Total flow shall be
either, (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the
amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the
measurement of flow`at 20 minute intervals during the rainfall event
32 Total Maximum 'Daily Load (TMDL)
A TMDL is,a calculation of the maximum amount of a pollutant that a waterbody,can receive3and still meet
water quality standards, and an,allocation of that amount to the pollutant's sources A TMDL is a detailed
water quality assessment'that provides the,scientific foundation for an implementation plan The
implementation plan outlines the steps necessary to reduce pollutant ljoads in a certain body of water to
,restore and maintain water quality standards in all seasons Th2jjA Water Act, Section 303, establishes
the water quality standards and TMDL programs A 111k f
33 Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(I)f he Fa -n
]jWater Act
34 Unset
Means an exceptional incident in whichlhi7te is conal and temporary -noncompliance with
technology based permit effl t mi hon be of factors beyond the reasonable control of the
permittee An upset does not i lu no o lance to the extent caused by operational error, improperly
designed treatment or control f7ifie, ate,treatment or controlfacilities, lack of preventive
maintenance, or careless or ion
35 Vehicle Maintenance Ac
Vehicle rehabilitation, me ,ainting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations
36 Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye
37 '25 -year, 24 hour storm event
The maximum, 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years
Part VI Page 5 of 5 Pages