NCG010000_Final Permit Package for Regions (2001-06)_20011001

' Michael F. Easley
Governor
_ rt William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
N PDES STO RM WATER DI SC HA RG E PERM IT
FORCONSTRUCTION ACTIVITIES
Regulations adopted by the US Environmental Protection Agency (US EPA) and by the North Carolina Division of Water
Quality require that a National Pollutant Discharge Elimination System (NPDES) permit be obtained for stormwater
discharges from construction activities with land disturbance of 5 or more acres (1 or more acres after March 10, 2003).
This permit is in addition to your approved erosion and sedimentation control plan approval. The Division of Water Quality
is delegated by the US EPA to administer the NPDES permit program in North Carolina. You have been given a copy of
this General Permit and coverage under this general permit because your project is subject to these NPDES permitting
requirements. You must comply with the applicable terms and conditions of this General Permit and you are
subject to enforcement by the Division of Water Quality for any violations of the General Permit. It is not
necessary to file a Notice of Intent to be covered by this General Permit nor to receive a Certificate of Coverage from the
Division of Water Quality. If you do not wish to be covered by this general permit you may make application to the
Division of Water Quality to be covered under an individual stormwater NPDES permit.
Description of Provisions
The General Permit is tied to an approved Erosion and Sedimentation Control Plan issued by the North Carolina Division
of Land Resources, or an approved Local Program. Adherence to the Erosion and Sedimentation Control Plan is an
enforceable component of the General Permit. The General Permit not only requires adherence to the approved Erosion
and Sedimentation Control Plan, but also includes other limitations and controls. Some of the major items are outlined
below.
00 Coverage — The permit covers projects that disturb 5 or more acres of land until March 10, 2003 when this threshold
will be dropped to cover projects disturbing one or more acre of land.
00 Inspections — The permittee must inspect all erosion and sedimentation control facilities and also must observe
runoff at stormwater discharges in accordance with the general permit (see Part I Section B for specific frequencies,
etc.). Discharges to certain impaired waters require more frequent inspections.
DO Records — Records of inspections must be maintained with a copy of the approved Erosion and Sedimentation
Control Plan at the project site. An example of a potential inspection log is attached for your use.
oo The General Permit has other provisions that address areas that could effect stormwater runoff from construction
activity that are not a part of an erosion and sedimentation control plan. These areas are addressed in Part I
Section A. of the General Permit and include matters such as demolition debris, chemical usage, and oil spills that
may contaminate stormwater runoff on a construction site.
Please note that there are other provisions in the permit and you should read and become familiar with all of these
conditions.
If You Have Questions About the General Permit
Questions concerning the General Permit requirements can be addressed to the Division of Water Quality Regional
Office. Office locations and phone numbers are as follows:
Asheville Regional Office.........
828/251-6208
Fayetteville Regional Office......
910/486-1541
Mooresville Regional Office......
704/663-1699
Raleigh Regional Office...........
919/571-4700
Washington Regional Office...... 252/946-6481
Wilmington Regional Office....... 910/395-3900
Winston-Salem Regional Office... 336/771-4600
Central Office ......................... 919/733-5083
For more information regarding the Programs of the Division of Water Quality, Stormwater and General Permits Unit, see
our home page at: http://h2o.enr.state.nc.us/su/stormwater.html
AVVA October 2001
�JCXNR
Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
1 800 623-7748

STORMWATER INSPECTIONS FOR GENERAL PERMIT NCGO10000 — LAND DISTURBING ACTIVITIES
PROJECT:
MONITORING FOR THE WEEK BEGINNING:
RAINFALL:
Date
Of
Rain
Amount
(inches)
Initials
By this signature, I certify (in accordance with Part II
Section B, 10 of the NCGO10000 permit) that this report is
accurate and complete to the best of my knowledge:
(Signature of Permitee or Designee)
EROSION AND SEDIMENTATION CONTROL FACILITIES INSPECTED: (At least once [twice, if on 303(d) listed stream for construction related parameters)
per seven calendar days Or within 24 hours of a rainfall of 0.5 inches per 24 hours)
Facility
Identification
Date of
inspection
Operating
Properly
Y/N
Describe corrective actions taken (may need to attach additional information)
OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE OUTFALLS: (At least once [twice, if on 303(d) listed stream for construction related parameters *]
per seven calendar days Or within 24 hours of a rainfall of 0.5 inches per 24 hours)
Stormwater
Discharge
Outfall
Identificati
Date
Clarity
Floating
solids
Suspended
Solids
Oil sheen
Other obvious
indicators of
stormwater
pollution
(list & describe)
Visible
sediment
leaving
the site?
(Y/N)
If yes, describe actions taken to
prevent future releases
(may need to attach additional
information)
Describe measures taken to clean up
sediment outside of the disturbed
limits
(may need to attach additional
information)
on
Clarity: Choose the number which best describes the clarity of the discharge where 1 is clear and 10 is very cloudy
Floating Solids: Choose the number which best describes the amount of floating solids in the discharge where 1 is no solids and 10 the surface is covered in floating solids
Suspended Solids: Choose the number which best describes the amount of suspended solids in the discharge where 1 is no solids and 10 is extremely muddy
Oil Sheen: Is there an oil sheen in the stormwater discharge? Y or N
* 303(d) listed streams for construction related parameters The latest approved list may be obtained from the Division of Water Quality, or from the following website location:
http://h2o.enr.state.nc.us/su/construction3O3d

Permit No. NCGO10000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT
TO DISCHARGE STORMWATER 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 North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act as amended,
All owners or operators of stormwater point source discharges associated with construction
activities including clearing, grading and excavation activities resulting in the disturbance of land
are hereby authorized to discharge stormwater to the surface waters of North Carolina or to a
separate storm sewer system conveying stormwater to the surface waters.
The General Permit shall become effective on October 1, 2001.
The General Permit shall expire at midnight on September 30, 2006.
Signed this day October 1, 2001.
Original signed by Gregory J. Thorpe
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Page 1 of 20 Pages

Permit No. NCGO10000
PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater which has been adequately treated and managed in accordance with an approved
Erosion and Sedimentation Control Plan by the North Carolina Division of Land Resources,
Land Quality Section, or a delegated local program under the provisions and requirements of
North Carolina General Statute 113A - 54.1 to the surface waters of North Carolina or to a
separate storm sewer system. All discharges shall be in accordance with the attached schedules
as follows:
Part I: Monitoring, Controls, and Limitations for Permitted Discharges
Part II: Standard Conditions
Any other point source discharge to surface waters of the state is prohibited unless covered by
another permit, authorization or approval. The discharges allowed by this General Permit shall
not cause or contribute to violations of Water Quality Standards. Discharges allowed by this
permit must meet applicable wetland standards as outlined in 15A NCAC 2B .0230 and .0231
and water quality certification requirements as outlined in 15A NCAC 2H .0500.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
General Permit Coverage
This General Permit is applicable to point source discharges from construction activities
disturbing five acres of land prior to March 10, 2003. As of March 10, 2003, this permit will be
applicable to point source discharges of stormwater from construction activities disturbing one or
more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to
the Division of Land Resources or delegated local program shall be considered to take the place
of a Notice of Intent for coverage under this General Permit for those projects requiring this
Permit coverage. Coverage under this General Permit shall become effective upon issuance of
an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the
Division of Land Resources or delegated local program. Prior to the commencement of
construction and land disturbing activities approval of the Erosion and Sedimentation Control
Plan shall be obtained.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual NPDES permit in accordance with NPDES procedures in 15A
NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual
permit should be made at least 180 days prior to the time the permit is needed.
This General Permit does not cover activities or discharges covered by an individual NPDES
permit until the individual permit has expired or has been rescinded. Any person conducting an
activity covered by an individual permit but which could be covered by this General Permit may
request that the individual permit be rescinded and coverage under this General Permit be
provided.
Page 2 of 20 Pages

Permit No. NCGO10000
PART I
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
SECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER
DISCHARGES
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge stormwater associated with construction activity. Such
discharges shall be controlled, limited and monitored as specified below.
1. Prior to the commencement of construction, the permittee shall submit for approval a
Erosion and Sedimentation Control Plan (plan) to the Department of Environment, and
Natural Resources, Division of Land Resources, Land Quality Section, (or an approved
local program) pursuant to the requirements of NC G.S. 113A-54.1 and in conformity
with rules adopted by the North Carolina Sedimentation Control Commission.
2. The Permittee shall implement the plan, which has been approved by the approval
authority. The approved plan is considered a requirement or condition of this general
permit. Deviation from the approved plan, or approved amendment to the plan, shall
constitute a violation of the terms and conditions of this general permit except that
deviation from the approved plan will be allowed (1) to correct an emergency situation
where sediments are being discharged off the site or (2) when minor modifications have
been made for the purpose of improving the performance of the erosion and
sedimentation control measures and notification of the minor modification has been made
to the Division of Land Resources (or approved local program). Such a deviation from
the approved plan shall be noted on the approved plan maintained at the job site. During
active construction, a copy of the approved plan shall be maintained on the site.
3. Equipment utilized during the construction activity on a site must be operated and
maintained in such a manner as to prevent the potential or actual pollution of the surface
or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any
other petroleum products, shall not be discharged onto the ground or into surface waters.
Spent fluids shall be disposed of in a manner so as not to enter the waters, surface or
ground, of the state and in accordance with applicable state and federal disposal
regulations. Any spilled fluids shall be cleaned up to the extent practicable and disposed
of in a manner so as not to allow their entry into the waters, surface or ground, of the
state.
4. Herbicide, pesticide, and fertilizer usage during the construction activity shall be
consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in
accordance with label restrictions.
Page 3 of 20 Pages

Permit No. NCGO10000
All wastes composed of building materials shall be disposed of in accordance with North
Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules
governing the disposal of solid waste (North Carolina Administrative Code Section 15A
NCAC 13B).
6. The Permittee shall control the management and disposal of litter and sanitary waste from
the site such that no adverse impacts to water quality occur.
Page 4 of 20 Pages

Permit No. NCGO10000
SECTION B: 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.
All erosion and sedimentation control facilities shall be inspected by or under the
direction of the permittee at least once every seven calendar days (at least twice every
seven days for those facilities discharging to waters of the State listed on the latest EPA
approved 303(d) list for construction related indicators of impairment such as turbidity or
sedimentation**) and within 24 hours after any storm event of greater that 0.5 inches of
rain per 24 hour period. A rain gauge shall be maintained on the site and a record of the
rainfall amounts and dates shall be kept by the permittee.
(** The latest approved list may be obtained from the Division of Water Quality, or from
the following website location: http://h2o.enr.state.nc.us/su/construction303d)
2. Once land disturbance has begun on the site, stormwater runoff discharges shall be
inspected by observation for stormwater discharge characteristics as defined below at the
frequency in #1 above to evaluate the effectiveness of the pollution control facilities or
practices. If any visible sedimentation is leaving the disturbed limits of the site,
corrective action shall be taken immediately to control the discharge of sediments outside
the disturbed limits.
Stormwater Discharge
Characteristics
Monitoring
TyRel
Monitoring
Location2
Clarity
SDO
Floating Solids
SDO
Suspended Solids
SDO
Oil Sheen
SDO
Other obvious indicators
of stormwater pollution
SDO
Footnotes:
1 Monitoring Type: The monitoring requires a qualitative observation of each
stormwater outfall. No analytical testing or sampling is required.
2 Sample Location: Stormwater Discharge Outfall (SDO)
3. The operator shall keep a record of inspections. Visible sedimentation found outside of
the disturbed limits shall be recorded and a brief explanation kept with the records as to
the measures taken to control future releases. Any measures taken to clean up the
sediment that has left the disturbed limits shall also be recorded. These records shall be
made available to DWQ or authorized agent upon request.
Page 5 of 20 Pages

Permit No. NCGO10000
SECTION C: SCHEDULE OF COMPLIANCE
The permittee shall comply with Final Limitations and Controls specified for stormwater
discharges once disturbance has begun on the site and until completion of construction or
development and the establishment of a permanent ground cover..
2. During construction and until the completion of a construction or development and the
establishment of a permanent ground cover, the permittee shall provide the operation and
maintenance necessary to operate the storm water controls at optimum efficiency.
Page 6 of 20 Pages

Permit No. NCGO10000
PART II
STANDARD CONDITIONS
SECTION A: DEFINITIONS
1. Act or "the Act" or CWA
The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
2. Best Management Practices (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and other
management practices to prevent or reduce the pollution of waters of the United States.
BMPs also include treatment requirements, operation procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
material storage.
3. DWQ or Division
The Division of Water Quality, Department of Environment, and Natural Resources.
4. Director
The Director of the Division of Water Quality, the permit issuing authority.
5. EMC
The North Carolina Environmental Management Commission.
6. Permittee
The person who signed as the financially responsible party on the Erosion and
Sedimentation Control Plan.
7. Point Source Discharge
Any discernible, confined and discrete conveyance, including but specifically not limited
to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, or concentrated animal feeding operation from which pollutants are or may be
discharged to waters of the state.
8. Administrator
The Adminstrator of the U. S. Environmental Protection Agency.
Page 7 of 20 Pages

Permit No. NCGO10000
SECTION B: GENERAL CONDITIONS
1. Duty to Comply.
The permittee must comply with all conditions of this general permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds for:
enforcement action; certificate of coverage termination, revocation and reissuance, or
modification; or denial of a certificate of coverage upon renewal application.
(a) The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d) of the CWA within the time
provided in the regulations that establish these standards or prohibitions or standards for
sewage sludge use or disposal, even if the permit has not yet been modified to incorporate
the requirement.
(b) The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308,
318 or 405 of the Act, or any permit condition or limitation implementing any such sections
in a permit issued under section 402, or any requirement imposed in a pretreatment program
approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to
exceed $27,000 per day for each violation. The Clean Water Act provides that any person
who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any
condition or limitation implementing any of such sections in a permit issued under section
402 of the Act, or any requirement imposed in a pretreatment program approved under
section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to
$25,000 per day of violation, or imprisonment of not more than I year, or both. In the case
of a second or subsequent conviction for a negligent violation, a person shall be subject to
criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not
more than 2 years, or both. Any person who knowingly violates such sections, or such
conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. In the case of a second or
subsequent conviction for a knowing violation, a person shall be subject to criminal penalties
of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or
both. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405
of the Act, or any permit condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, and who knows at that time that he thereby places
another person in imminent danger of death or serious bodily injury, shall, upon conviction,
be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or
both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of
not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of
the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a
fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent
convictions.
(c) Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000)
per violation may be assessed against any person who violates or fails to act in
Page 8 of 20 Pages

Permit No. NCGO10000
accordance with the terms, conditions, or requirements of a permit. [Ref: NC General
Statutes 143-215.6A].
(d) Any person may be assessed an administrative penalty by the Administrator for
violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition
or limitation implementing any of such sections in a permit issued under section 402 of
this Act. Administrative penalties for Class I violations are not to exceed $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day
during which the violation continues, with the maximum amount of any Class II penalty
not to exceed $137,500.
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this general permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in Section C. of this permit regarding bypassing of stormwater control
facilities, nothing in this general permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-
215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this general permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities, liabilities, or penalties to which
the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential
damages, such as fish kills, even though the responsibility for effective compliance may
be temporarily suspended.
5. Property Rights
The issuance of this general permit does not convey any property rights in either real or
personal property, or any exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of Federal, State or
local laws or regulations.
6. Severability
The provisions of this general permit are severable, and if any provision of this general
permit, or the application of any provision of this general permit to any circumstances, is
Page 9 of 20 Pages

Permit No. NCGO10000
7
a
held invalid, the application of such provision to other circumstances, and the remainder
of this general permit, shall not be affected thereby.
Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the certificate of coverage issued pursuant to this
general permit or to determine compliance with this general permit. The permittee shall
also furnish to the Director upon request, copies of records required to be kept by this
general permit.
When an Individual Permit may be Required
The Director may require any owner/operator authorized to discharge under a certificate
of coverage issued pursuant to this general permit to apply for and obtain an individual
permit or an alternative general permit. Any interested person may petition the Director
to require an individual permit pursuant to 15A NCAC 2H .0127. Cases where an
individual permit may be required include, but are not limited to, the following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, altering the constituents and/or
characteristics of the discharge such that the discharge no longer qualifies for a
General Permit;
C. The discharge violates the terms or conditions of this general permit;
d. A change has occurred in the availability of demonstrated technology or practices
for the control or abatement of pollutants applicable to the point source;
e. Effluent limitations are promulgated for the point sources covered by this general
permit;
f. A water quality management plan containing requirements applicable to such
point sources is approved after the issuance of this general permit.
g. The Director determines at his own discretion that an individual permit is
required.
When an Individual Permit may be Requested
Any permittee operating under this general permit may request to b
e
Page 10 of 20 Pages

Permit No. NCGO10000
10. Signatory Requirements
a. All applications, reports, or information submitted to the Director shall be signed and
certified as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary,
treasurer or vice president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing
production or operating facilities provided the manager is authorized to make
management decisions which govern the operation of the regulated facility
including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to
assure long term environmental compliance with environmental laws and
regulations; the manager can ensure that the necessary systems established or
actions taken to gather complete and accurate information for permit application
requirements; and where authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the general permit and other information requested by the
Director shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position
of plant manager, operator of a well or well field, superintendent, a position of
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative
may thus be either a named individual or any individual occupying a named
position.); and
(3) The written authorization is submitted to the Director.
C. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification:
"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
Page 11 of 20 Pages

Permit No. NCGO10000
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
11. General Permit Modification, Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Director from reopening and
modifying the general permit, revoking and reissuing the general permit, or terminating
the general permit as allowed by the laws, rules, and regulations contained in Title 40,
Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-
215.1 et. seq.
Page 12 of 20 Pages

Permit No. NCGO10000
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this general permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this general permit.
3. Bypassing of Stormwater Control Facilities
a. Definitions
(1) 'Bypass" means the intentional diversion of stormwater from any portion of a
stormwater control facility including the collection system, which is not a
designed or established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property,
damage to the control facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
b. Bypass Not Exceeding Limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to
be exceeded, but only if it also is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of Paragraphs c. and d. of this section.
C. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an
unanticipated bypass as required in Part II, E. 3.(b)(1) of this general permit. (24-
hour notice).
d. Prohibition of Bypass
Page 13 of 20 Pages

Permit No. NCGO10000
Bypass is prohibited and the Director may take enforcement action against a permittee
for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary
control facilities, retention of stormwater or maintenance during normal periods
of equipment downtime or dry weather. This condition is not satisfied if adequate
backup controls should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under Paragraph c. of this section.
The Director may approve an anticipated bypass, after considering its adverse effects, if
the Director determines that it will meet the three conditions listed above in Paragraph d.
of this section.
4. Upsets
a. Definition
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
b. Effect of an Upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with
technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
C. Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence
that:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
2) The permitted facility was at the time being properly operated; and
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Permit No. NCGO10000
(3) The permittee submitted notice of the upset as required in Part II, E. 3. (b) (2) of
this general permit.
(4) The permittee complied with any remedial measures required under Part II, A. 2.
of this general permit.
d. Burden of Proof
In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.
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Permit No. NCGO10000
SECTION D: MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of
the volume and nature of the permitted discharge. Samples shall be taken on a day and
time that is characteristic of the discharge. All samples shall be taken before the
discharge joins or is diluted by any other waste stream, body of water, or substance. .
2. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
general permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
3. Records Retention
The permittee shall retain records of all monitoring information and copies of all reports
required by this general permit, for a period of at least 5 years from the date of the
sample, measurement, report or application. This period may be extended by request of
the Director at any time.
4. Recording Results
For each measurement, sample, inspection or maintenance activity performed or taken
pursuant to the requirements of this general permit, the permittee shall record the
following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
The analytical techniques or methods used; and
f. The results of such analyses.
5. Inspection and EnLU
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Permit No. NCGO10000
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is
located or conducted, or where records must be kept under the conditions of this
general permit;
b. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this general permit;
Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
general permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring general
permit compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
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Permit No. NCGO10000
SECTION E: REPORTING REQUIREMENTS
Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned
physical alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the
quantity of pollutants discharged. This notification applies to pollutants which are
subject neither to effluent limitations in the general permit, nor to notification
requirements under 40 CFR Part 122.42 (a) (1).
2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in noncompliance with the general permit
requirements.
3. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall
be provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the general
permit.
(2) Any upset which exceeds any effluent limitation in the general permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed
by the Director in the general permit to be reported within 24 hours.
C. The Director may waive the written report on a case -by -case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24 hours.
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Permit No. NCGO10000
4. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in any
report to the Director, it shall promptly submit such facts or information.
5. Availabilityport
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of the Division of Water Quality.
As required by the Act, discharge data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act.
6. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false
statement, representation, or certification in any record or other document submitted or
required to be maintained under this general permit, including monitoring reports or
reports of compliance or noncompliance shall, upon conviction, be punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than two years per
violation, or by both.
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Permit No. NCGO10000
SECTION F: LIMITATIONS REOPENER
This general permit shall be modified or alternatively, revoked and reissued, to comply with any
applicable effluent guideline or water quality standard issued or approved under Sections 302(b)
(2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water
quality standard so issued or approved:
a. contains different conditions or is otherwise more stringent than any effluent
limitation in the general permit; or
b. controls any pollutant not limited in the general permit.
The general permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
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