NCS000030_Permit (Issuance)_20230109

DocuSign Envelope ID: CBB3A68E-FC3E-450E-9413-654D7F9546AA
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
DOUGLAS R. ANSEL
Interim Director
Ellen Hammer, Plant Manager
Air Products & Chemicals, Inc.
225 Equity Road
Reidsville, NC 27320
Dear Permittee:
�fQ
NORTH CAROLINA
Environmental Quality
1/9/2023
Subject: Issued NPDES Stormwater Permit
NPDES Permit NCS000030
Air Products & Chemicals, Inc.
Rockingham County
Division personnel have reviewed and approved your application for renewal of the subject
permit. Accordingly, we are forwarding the attached NPDES permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum
of Agreement between North Carolina and the U.S. Environmental Protection Agency dated
October 15, 2007 (or as subsequently amended).
The final permit maintains the following significant changes from the previous permit:
1. Monitoring increased from semi-annually to quarterly for all parameters (qualitative and
quantitative).
2. Units of measure for several benchmarks have been changed from mg/L to µg/L.
3. "No discharge" clarifications were made.
4. eDMR reporting requirement was added.
5. Boilerplate language has been moved into the body of the permit. There is no longer a
boilerplate attachment to the permit.
6. Changes have been made to monitoring parameters. Stormwater benchmarks are not
permit limits, but rather guidelines for implementing the Stormwater Pollution Prevention
Plan (SWPPP). A benchmark exceedance is not a permit violation; however, the
permittee must respond to exceedances as directed in the Tiers.
The final permit includes no other major changes from the draft permit sent to you on
October 19, 2022.
Thank you for submitting comments on the draft permit. Please refer to the correspondence sent
on October 26, 2022 for responses.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
NORTH CAROHNA
uepaa nt 0 enmmmmenmi umr\ r 919.707.9200

DocuSign Envelope ID: CBB3A68E-FC3E-450E-9413-654D7F9546AA
If you wish to request new or maintain current representative outfall status (ROS), please fill out
the ROS form on our website (available at https:Hdeq.nc.gov/media/9720/download) and submit
the form as directed. This request cannot be handled during the permit renewal process. Requests
for tier relief also cannot be not handled with permit renewal. Please submit the tier relief request
to the DEMLR Winston-Salem Regional Office in separate correspondence. Tracking should be
kept for any equipment that utilizes motor oil and hydraulic oil, and the permit reference to 55-
gallon usage is meant for the entire site, not just within a specific drainage area.
Please note that quantitative and qualitative monitoring is required in this permit. Failure to
complete the monitoring as required is a violation of the permit and any permit noncompliance
constitutes a violation of the Clean Water Act.
Please note that the receiving stream is listed as impaired for benthos on the North Carolina 2020
303(d) Impaired Waters List. Addressing impaired waters is a high priority with the Division,
and instream data will continue to be evaluated. If there are exceedances of permit benchmarks,
and stream impairment can be attributed to your facility, then mitigative measures may be
required.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-
6714). Unless such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the permit. This permit does not affect
the legal requirements to obtain other permits which may be required by the Division of Energy,
Mineral, and Land Resource or any other Federal, State, or Local governmental regulations.
If you have any questions or comments concerning this permit, please contact Brianna Young at
919-707-3647or via at email at [e-mail].
Sincerely,
Docu Signed by:
C­thrj6Ln AAS
3D05378331 FD407...
for Douglas R. Ansel, Interim Director
Division of Energy, Mineral, and Land Resources
Attachments: NPDES Stormwater Permit NCS000030
cc: NPDES Stormwater Program Files (Laserfiche)
Winston-Salem Regional Office
Stephen Arceneaux, Environmental Specialist, Air Products & Chemicals, Inc.
Trisha Leib, South SHEQ Manager, Air Products & Chemicals, Inc.

DocuSign Envelope ID: CBB3A68E-FC3E-450E-9413-654D7F9546AA
Permit NCS000030
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
N( PDES)
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Air Products & Chemicals, Inc.
is hereby authorized to discharge stormwater from a facility located at:
Air Products & Chemicals, Inc.
225 Equity Drive
Reidsville, NC
Rockingham County
to receiving waters designated as an unnamed tributary to Little Troublesome Creek, a Class WS-V;
NSW stream, in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring
requirements, and other conditions set forth in Parts A through J hereof.
This permit shall become effective February 1, 2023.
This permit and the authorization to discharge shall expire at midnight on January 31, 2028.
Signed this day 7anuary 9, 2023.
DocuSigned by:
Ahvrow. As
3D05378331 FD407...
for Douglas R. Ansel, Interim Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Page 1 of 37

DocuSign Envelope ID: CBB3A68E-FC3E-450E-9413-654D7F9546AA
Permit NCS000030
TABLE OF CONTENTS
PART A: INDIVIDUAL PERMIT COVERAGE
PART B: STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
B-1.
Responsible Party
B-2.
General Location Map
B-3.
Site Map
B-4.
Narrative Description of Industrial Processes
B-5.
Evaluation of Stormwater Outfalls
B-6.
Narrative Description of Stormwater SCMs/BMPs
B-7.
Facility Inspections
B-8.
Feasibility Study
B-9.
Secondary Containment Plan
B-10.
Spill Prevention and Response Procedures
B-11.
Preventative Maintenance and Good Housekeeping Program
B-12.
Employee Training
B-13.
Representative Outfall Status
B-14.
Annual SWPPP Review and Update
B-15.
Annual On -Line SWPPP Certification when Available
B-16.
Notice to Modify SWPPP
B-17.
SWPPP Documentation
PART C: QUALITATIVE MONITORING OF STORMWATER DISCHARGES
C-1.
Visual Inspections
C-2.
Qualitative Monitoring Response
PART D: ANALYTICAL MONITORING REQUIREMENTS
D-1.
Required Baseline Sampling
D-2.
Baseline Sampling Benchmarks
D-3.
Methodology for Collecting Samples
D-4.
Locations for Collecting Samples
D-5.
Tier One Response: Single Benchmark Exceedance
D-6.
Tier Two Response: Two Consecutive Benchmark Exceedances
D-7.
Tier Three Response: Four Benchmark Exceedances Within 5 Years
PART E: SUBMITTAL
OF DISCHARGE MONITORING REPORTS (DMRs)
E-1.
Deadlines for Submittal of Discharge Monitoring Reports
E-2.
Submittal Process after Electronic Discharge Monitoring Reporting (eDMR)
E-3.
Results Below Detection Limits
E-4.
Occurrences of No Discharge
E-5.
Reports if More Frequent Monitoring Has Occurred
E-6.
Report if Begin Discharging to a New Stormwater Discharge Outfall
E-7.
Qualitative Monitoring Reports
E-8.
Monitoring Report Retention
E-9.
Waivers from Electronic Reporting
PART F: OTHER OCCURENCES THAT MUST BE REPORTED
Page 2 of 37

DocuSign Envelope ID: CBB3A68E-FC3E-450E-9413-654D7F9546AA
Permit NCS000030
PART G: PERMIT ADMINISTRATION
G-1.
Signatory Requirements
G-2.
Permit Expiration
G-3.
Planned Changes
G-4.
Transfers
G-5.
Sale or Closure
G-6.
Permit Modification, Revocation and Reissuance, or Termination
G-7.
Anticipated Noncompliance
G-8.
Requirement to Report Incorrect Information
G-9.
Annual Administering and Compliance Monitoring Fee Requirements
G-10.
Flow Measurements
G-11.
Test Procedures
G-12.
Representative Outfall
G-13.
Availability of Reports
G-14.
Permit Actions
G-15.
Recording Results
PART H: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
H-1.
Proper Operation and Maintenance
H-2.
Corrective Actions
H-3.
Draw Down of Treatment Facilities for Essential Maintenance
H-4.
Bypasses of Stormwater Control Facilities
H-5.
Upsets
H-6.
Required Notice for Bypass or Upset
PART I: COMPLIANCE AND LIABILITY
I-1.
Compliance Schedule
I-2.
Duty to Comply
I-3.
Duty to Mitigate
I-4.
Civil and Criminal Liability
I-5.
Oil and Hazardous Substance Liability
I-6.
Property Rights
I-7.
Severability
I-8.
Duty to Provide Information
I-9.
Penalties for Tampering
I-10.
Penalties for Falsification of Reports
I-11.
Onshore or Offshore Construction
I-12.
Duty to Reapply
I-13.
Inspection and Entry
I-14.
Need to Halt or Reduce Not a Defense
PART J: DEFINITIONS
Page 3 of 37

DocuSign Envelope ID: CBB3A68E-FC3E-450E-9413-654D7F9546AA
Permit NCS000030
PART 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 Certification from NPDES stormwater discharge
permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must:
(a) Submit a No Exposure Certification application form to the Division of Energy, Mineral and
Land Resources (Division),
(b) Receive approval from the Division,
(c) Maintain no exposure conditions unless authorized to discharge under a valid NPDES
stormwater permit, and
(d) Recertify the No Exposure Certification annually.
Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater
to the surface waters of North Carolina or separate storm sewer system that has been adequately treated
and managed in accordance with the terms and conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an allowable
non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater
discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards.
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.
Page 4 of 37

DocuSign Envelope ID: CBB3A68E-FC3E-450E-9413-654D7F9546AA
Permit NCS000030
PART B: STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SWPPP). The
SWPPP shall be maintained on site unless exempted from this requirement by the Division. The
permittee shall implement the SWPPP and all Best Management Practices (BMPs) consistent with the
provisions of this permit, to control contaminants entering surface waters. These items shall exist for the
duration of the permit term and be made available to the Director upon request, and shall also be sent to
the Winston-Salem Regional Office upon request. The SWPPP shall be considered public information in
accordance with Part G-13 of this Individual Permit.
The SWPPP shall include, at a minimum, the following items:
B-1. Responsible Party
The SWPPP shall identify (a) specific position(s) responsible for the overall coordination, development,
implementation, and revision of the SWPPP. Responsibilities for all components of the SWPPP shall be
documented and position assignments provided.
B-2. General Location Map
The General Location Map shall be a USGS quadrangle map or appropriately drafted equivalent map
that includes:
(a) The facility's location in relation to transportation routes and surface waters;
(b) The name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is
to a Municipal Separate Storm Sewer System (MS4), the name of the municipality and the
ultimate receiving waters; and
(c) Any receiving waters that exceed criteria for one or more parameters or if the site is located in a
watershed for which a Total Maximum Daily Load (TMDL) has been established and, if so, a list
of the parameter(s) of concern.
B-3. Site May
The Site Map shall include the following at a scale sufficient to clearly depict all required features. At a
minimum, the map shall include:
(a) Site property/permit boundary;
(b) Site topography and finished grade;
(c) Buildings, roads, parking areas and other built -upon areas;
(d) Industrial activity areas (including: fueling, vehicle maintenance and repair, washing of materials
or equipment, storage of materials, disposal areas, process areas, loading and unloading areas, and
haul roads);
(e) A table of stormwater discharge outfalls and their latitudes and longitudes;
(f) Drainage area for each outfall with an estimation of impervious area percentage;
(g) Stormwater Control Measures (SCMs);
(h) All stormwater collection/drainage features, structures and direction of flow;
(i) On -site and adjacent surface waters and wetlands; and
(j) A graphic scale and north arrow.
Page 5 of 37

DocuSign Envelope ID: CBB3A68E-FC3E-450E-9413-654D7F9546AA
Permit NCS000030
Location Map:
Shoppirtg
enter
„} I . • Y Z f
go
01
a - [ •,
■
y Site
5 I
•� * l f Y .
87
• x _
r
r -_V'
Se;Wk'e Ile
l
p ,x
•
Latitude: 36' 19' 53" N
Longitude: 79' 39' 17" W
County: Rockingham
Receiving Stream: UT to Little Troublesome Creek Approximate Facility
Location
Stream Class: WS-V; NSW
Sub -basin: 03-06-01 (Cape Fear River Basin) _Afoalk NCS000030
V� Air Products & Chemicals, Inc
Page 6 of 37

DocuSign Envelope ID: CBB3A68E-FC3E-450E-9413-654D7F9546AA
Permit NCS000030
B-4. Narrative Description of Industrial Processes
The narrative description shall include:
(a) Storage practices;
(b) Loading and unloading activities;
(c) Outdoor process areas;
(d) Dust or particulate generating and control processes;
(e) Waste disposal practices; and
(f) A list of the potential pollutants that could be expected to be present in the stormwater discharge
from each outfall.
B-5. Evaluation of Stormwater Outfalls
On an annual basis, the permittee shall evaluate all stormwater outfalls for the presence of non-
stormwater discharges. If non-stormwater discharges are present, the permittee shall identify the source
and record whether the discharge is otherwise permitted by rule or a different permit. The permittee
shall evaluate the environmental significance of the non-stormwater discharges and include a summary
written record and certification statement. The certification statement and summary written record shall
be retained with the SWPPP and shall be dated and signed in accordance with the requirements found in
Part G1 of this permit.
B-6. Narrative Description of Stormwater SCMs/BMPs
A narrative description of structural Stormwater Control Measures (SCMs) and non-structural Best
Management Practices (BMPs) on site shall be provided. Appropriate SCMs/BMPs may include, but are
not limited to, vegetative swales, berms, and reuse of collected stormwater (such as for an industrial
process or as an irrigation source) in a manner that reduces pollutants in stormwater discharges leaving
the site. The installation and implementation of SCMs/BMPs shall be based on the assessment of the
potential for sources to contribute significant quantities of pollutants to stormwater discharges and on
data collected through monitoring of stormwater discharges. The Narrative Description of SCMs/BMPs
shall be reviewed and updated annually.
The narrative description of stormwater SCMs/BMPs shall include:
(a) A written record of the specific rationale for installation and implementation of the selected site
SCMs and/or BMPs; and
(b) BMPs for vehicle maintenance activities.
B-7. Facility Inspections
Inspections of the facility and all stormwater systems shall occur as part of the Preventative
Maintenance and Good Housekeeping Program at a minimum on a quarterly schedule, with at least 30
days separating inspection dates (unless performed more frequently than quarterly). These facility
inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at
the outfalls required in Parts C and D of this permit.
Page 7 of 37

DocuSign Envelope ID: CBB3A68E-FC3E-450E-9413-654D7F9546AA
Permit NCS000030
B-8. Feasibility Study
The feasibility study shall include a review of the technical and economic feasibility of changing the
methods of operations and/or storage practices to eliminate or reduce exposure of materials and
processes to rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all
storage areas, material handling operations, and manufacturing or fueling operations. In areas where
elimination of exposure is not practical, this review shall document the feasibility of diverting the
stormwater run-on away from areas of potential contamination.
B-9. Secondary Containment Plan
In order to prevent leaks and spills from contaminating stormwater runoff, secondary containment is
required for: bulk storage of liquid materials including petroleum products; storage in any amount of
water priority chemicals listed in Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA); and storage of hazardous substances in any amount.
For facilities subject to the federal Spill Prevention, Control, and Countermeasure (SPCC) regulation,
the SPCC Plan may be used to support compliance with this requirement.
The Secondary Containment Plan shall include:
(a) A table or summary of tanks and stored materials equipped with secondary containment systems;
(b) Manually activated valves or other similar devices that are securely closed with a locking
mechanism if the secondary containment devices are connected to stormwater conveyance system;
(c) A commitment to visually observe any accumulated stormwater prior to release for color, foam,
outfall staining, visible sheens, and dry weather flow. Accumulated stormwater may be released if
found to be uncontaminated by any material. Accumulated stormwater found to be contaminated
shall not be released from the containment area;
(d) Records on every release from a secondary containment system that include: the individual
making the observation, a description of the accumulated stormwater, and the date and time of the
release. These records shall be kept for a period of five (5) years.
B-10. Spill Prevention and Response Procedures
A responsible person shall be on -site at all times during facility operations that have potential to
contaminate stormwater runoff through spills or exposure of materials associated with the facility
operations. For facilities subject to the federal Spill Control and Countermeasure (SPCC) regulation, the
SPCC Plan may be used to support compliance with this permit. The Spill Prevention and Response
Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. The SPRP must be site specific. An oil SPCC Plan may be a component of the
SPRP. The common elements of the SPCC used to meet the SPRP shall be incorporated by reference
into the SPRP.
The Spill Prevention and Response Procedures (SPRP) shall include at minimum:
(a) An assessment of areas of the facility where there is the potential for spills;
(b) A list of trained facility personnel responsible for implementing the SPRP;
(c) A signed and dated acknowledgement in which staff members accept responsibilities for the
SPRP;
(d) A supply of spill response materials and equipment and the locations for storing these items;
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DocuSign Envelope ID: CBB3A68E-FC3E-450E-9413-654D7F9546AA
Permit NCS000030
(e) Written procedures for proper cleanup and disposal of spilled materials; and
(f) A list of significant spills or leaks of pollutants that have occurred during the previous three (3)
years and any corrective actions taken to mitigate spill impacts or the notation that no spills have
occurred. This list shall be updated on annual basis.
B-11. Preventative Maintenance and Good Housekeeping Program
A preventative maintenance and good housekeeping program (PMGHP) shall be developed and
implemented. The program shall address all stormwater control measures (SCMs) (if applicable),
stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity
areas (including material storage areas, material handling areas, disposal areas, process areas, loading
and unloading areas, and haul roads), all drainage features and structures, and existing structural SCMs
and non-structural BMPs.
The PMGHP shall include:
(a) A schedule of inspections, maintenance and housekeeping measures for industrial activity areas
including, at a minimum, all material storage and handling areas, disposal areas, process areas,
loading and unloading areas, haul roads, and vehicle maintenance areas. Inspections shall occur at
a minimum on a quarterly schedule. A minimum of thirty (30) days must separate each
inspection:
i. Period 1: January 1 — March 31
ii. Period 2: April I — June 30
iii. Period 3: July I — September 30
iv. Period 4: October I — December 31
(b) A plan for disposing spent lubricants and fuels properly and in accordance with applicable federal
disposal regulations (if applicable); and
(c) A record of inspections, maintenance, and housekeeping activities.
B-12. Employee Training
Training programs shall be 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. The facility personnel
responsible for implementing the training shall be identified, and their annual training shall be
documented by the signature of each employee trained.
The annual employee training shall include, at a minimum, the following topics:
(a) General stormwater awareness;
(b) Spill response and cleanup procedures;
(c) Preventative maintenance and good housekeeping activities;
(d) Secondary containment releases; and
(e) Fueling procedures (if applicable).
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DocuSign Envelope ID: CBB3A68E-FC3E-450E-9413-654D7F9546AA
Permit NCS000030
B-13. Representative Outfall Status
If the Division has granted representative outfall status (ROS), written documentation from the Division
shall be part of the SWPPP. The permittee shall notify the Division of any site or activity modifications
that result in a change to ROS.
B-14. Annual SWPPP Review and Update
All aspects of the SWPPP shall be reviewed and updated on an annual basis. The permittee shall amend
the SWPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or
configuration of the physical features which may have a significant effect on the potential for the
discharge of pollutants to surface waters.
In addition to the other items in Part B of the permit, the SWPPP update shall include:
(a) An updated list of significant spills or leaks of pollutants for the previous three (3) years, or the
notation that no spills have occurred;
(b) A written certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges;
(c) A documented re-evaluation of the effectiveness of the on -site SCMs and BMPs in minimizing
the contamination of stormwater runoff, including a summarization of all SCM inspections
conducted throughout the year preceding the annual update;
(d) A statement that annual training requirements were met in the past year; and
(e) A review and comparison of sample analytical data to benchmark values (if applicable) over the
past year, including an evaluation of Tiered Response status.
B-15. Annual On -Line SWPPP Certification when Available
After the Division's ePermitting system develops the capability to receive this information, an online
certification that the SWPPP annual update has been completed in a manner that meets the conditions of
this permit shall be submitted annually.
B-16. Notice to Modify SWPPP
The Director may notify the permittee when the SWPPP does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to
the Director for modifying the SWPPP to meet minimum requirements. The permittee shall provide
certification in writing (in accordance with Part G1 of this permit) to the Director that the changes have
been made.
B-17. SWPPP Documentation
Documentation of all monitoring, measurements, inspections, maintenance activities, and training
provided to employees, including the log of the sampling data and of actions taken to implement SCMs
and BMPs associated with the industrial activities, including vehicle maintenance activities. Such
documentation shall be kept on -site for a period of five (5) years and made available to the Division
immediately upon request.
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DocuSign Envelope ID: CBB3A68E-FC3E-450E-9413-654D7F9546AA
Permit NCS000030
PART C: QUALITATIVE MONITORING OF STORMWATER DISCHARGES
The purpose of qualitative monitoring is to implement a quick and inexpensive way to evaluate
the effectiveness of the permittee's SWPPP, to identify the potential for new sources of
stormwater pollution, and to prompt the permittee's response to pollution.
C-1. Visual Inspections
(a) Visual inspections shall be made at each stormwater discharge outfall (SDO) that
discharges stormwater associated with industrial activity unless representative outfall
status specifically for visual monitoring has been approved in writing by the Division.
(b) Visual inspections shall be performed concurrent with required analytical monitoring
on a quarterly basis. Note: These monitoring requirements will increase to a monthly
basis when responding to Tier Two status.
(c) Visual inspections are not required to be performed outside of the facility's normal
operating hours.
(d) Visual inspections shall be recorded on the Division's Stormwater Discharge Outfall
Qualitative Monitoring Report (QMR) form and shall include observations of:
i. Color;
ii. Odor;
iii. Clarity;
iv. Floating Solids;
V. Suspended Solids;
vi. Foam;
vii. Oil Sheen;
viii. Deposition at or immediately below the outfall;
ix. Erosion at or immediately below the outfall; and
X. Other obvious indicators of stormwater pollution.
(e) Inability to perform inspections because of adverse weather or lack of discharge during
the monitoring period shall not constitute a failure to monitor if the event is documented
in the SWPPP and recorded on the Qualitative Monitoring Report.
C-2. Qualitative Monitoring Response
(a) If the permittee's qualitative monitoring indicates that the SWPPP and/or existing
stormwater BMPs are ineffective, or that significant stormwater contamination is present,
then the permittee shall investigate potential causes, evaluate the feasibility of corrective
actions, and implement those feasible corrective actions within sixty (60) days.
(b) A written record of the permittee's investigation, evaluation, and response actions shall be
kept in the SWPPP.
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DocuSign Envelope ID: CBB3A68E-FC3E-450E-9413-654D7F9546AA
Permit NCS000030
PART D: ANALYTICAL MONITORING REQUIREMENTS
This part applies to industrial stormwater discharges of stormwater-only flows from drainage
areas where industrial activities are performed.
D-1. Required Baseline Sampling
The permittee shall perform baseline sampling of all stormwater discharge outfalls
and/or authorized representative discharge outfalls in accordance with this part.
(a) Grab samples shall be collected, analyzed, and reported for all the parameters listed in
Table I below, except for Total Rainfall which shall be monitored using a rain gauge.
(b) In addition to the grab samples, the average monthly usage of new motor and hydraulic oil
for the facility shall be tracked, recorded, and reported to the Division if it exceeds an
average of 55 gallons per month.
(c) The total rainfall amount for each sampling event shall be recorded in inches. Total
rainfall shall be determined from an on -site rain gauge or a regional rain gauge located
within one (1) mile of the facility.
(d) Samples shall be collected from four separate monitoring periods per year, unless the
facility is in Tier Two or Tier Three status. A minimum of thirty (30) days must separate
any two sampling events during the following periods:
i. Period 1: January 1 — March 31
ii. Period 2: April 1 — June 30
iii. Period 3: July 1 — September 30
iv. Period 4: October 1 — December 31
(e) If the facility was in Tier Two or Tier Three status under the previous permit, the facility
shall continue monthly monitoring and reporting requirements until relieved by the
provisions of this permit or the Division.
D-2. Baseline Sampling Benchmarks
(a) Analytical results for each parameter shall be compared to the benchmark values for the
appropriate receiving stream classification as provided in Table 1. An exceedance of a
benchmark value is not a permit violation; however, failure to respond in accordance with
part D-2 b of this permit is a permit violation.
(b) An exceedance of any benchmark value in Table 1 shall require a tiered response for that
parameter. A single exceedance of a benchmark value shall require a Tier One response
for that parameter. Two benchmark value exceedances in a row shall require a Tier Two
response for that parameter. Four benchmark exceedances for a parameter within a five
(5) year period shall require a Tier Three response for that parameter.
(c) Baseline sampling benchmarks shall be in accordance with Table I below.
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Table 1. Summary of Quarterly Baseline Sampling Requirements for Stormwater
Discharges for Outfalls SWO01 and SWO02
Parameter Code for
Parameter
Frequency'
Benchmark
Reporting
C0530
Total Suspended Solids (TSS)
Quarterly
100 mg/L
00400
pH 2
Quarterly
6 s.u. — 9 s.u.
46529
Total Rainfall of Sampled Event
-
-
(inches) 3
Non -Polar Oil & Grease for drainage
00552
areas that use >55 gallons/month of
Quarterly
15 mg/L
oil on average per EPA Method 1664
(SGT-HEM)
NCOIL
Estimated Average Monthly Oil
-
-
Usage at the Facility (gallons)
C0600
Total Nitrogen
Quarterly
30 mg/L
00340
Chemical Oxygen Demand (COD)
Quarterly
120 mg/L
C0310
Biochemical Oxygen Demand
Quarterly
30 mg/L
(BOD5)
Footnotes:
1. Measurement frequency: Quarterly during a measurable storm event. If the facility is monitoring
monthly due to Tier Two or Tier Three response actions, the facility shall continue a monthly
monitoring and reporting schedule in Tier Two or Tier Three status until relief is granted.
2. If pH values outside this range are recorded in sampled stormwater discharges, but ambient
precipitation pH levels are lower, then the lower threshold of this benchmark range is the pH of
the precipitation (within instrument accuracy) instead of 6 s.u.. Readings from an on -site or local
rain gauge (or local precipitation data) must be documented to demonstrate background
concentrations were below the benchmark pH range.
3. For each sampled measurable storm event, the total precipitation must be recorded. An on -site
rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local
rain gauge reading may be substitute for an on -site reading.
• Outfall SW001: Drainage area includes material handling and storage, solid waste
management, loading and unloading operations, and manufacturing operations.
• Outfall SWO02: Drainage area includes material handling and storage, vehicle fueling
and maintenance, and loading and unloading operations.
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Should the permittee identify or create any new stormwater outfalls, remove any stormwater
outfalls identified in this permit, or alter any drainage areas that change the potential pollutants i
runoff discharged through corresponding outfalls, the permittee will submit a request to NC
DEMLR to modify this permit. For any newly discovered pipes or outfalls, the permittee must
evaluate the structure and provide a report of the status and planned actions to NC DEQ within
14 days. The permittee must either (1) request modification of this permit and modify the
SWPPP accordingly, or (2) eliminate potential discharges by removal, plugging, or combination
of both.
D-3. Methodology for Collecting Samples
(a) Outfall monitoring efforts shall begin with the first measurable storm event that occurs
during the facility's normal operating hours and begins at least 72 hours after the previous
measurable storm event.
(b) Grab samples shall be collected within the first 30 minutes of discharge. If physical
separation between outfalls prevents collecting samples from all outfalls within the first 30
minutes of discharge, then the permittee may continue collecting samples until all outfalls
that are discharging have been sampled.
(c) Outfalls that are not discharging during or after the first measurable storm event shall be
sampled during the next measurable storm event, until a sample has been collected from
every outfall.
(d) If, during an entire monitoring period, there is no discharge from an outfall during any
measurable storm event that occurs during the facility's normal operating hours and
begins at least 72 hours after the previous measurable storm event, then the permittee shall
report "No Discharge" in the DMR and shall record "No Discharge" in the SWPPP. In this
case, the DMR shall be submitted within 30 days after the end of the monitoring period.
Lack of a discharge from an outfall for the monitoring period shall not constitute failure to
monitor as long as this condition is met.
(e) Sampling is not required to be performed outside of the facility's normal operating hours
or during adverse weather conditions.
(f) Samples collected shall be characteristic of the volume and nature of the permitted
discharge.
(g) If the sampled storm event coincides with a known non-stormwater discharge that is
deemed permitted under 15A NCAC 02H .0106, then this shall be noted on the
stormwater discharge monitoring report.
D-4. Locations for Collecting Samples
Samples shall be collected at all stormwater discharge outfalls (SDOs) that discharge stormwater
associated with industrial activity. If the Division has issued a representative outfall status (ROS)
approval letter, then the permittee shall collect samples from all SDOs in accordance with the
ROS approval letter.
(a) All samples shall be taken before the discharge joins or is diluted by any other waste
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stream, body of water, or substance.
(b) Monitoring points as specified in this permit shall not be changed without written
notification to and approval by the Division [40 CFR 122.410)].
D-5. Tier One Response: Single Benchmark Exceedance
The facility will remain in Tier One status until three consecutive samples are under the
benchmark or are inside the benchmark range for all parameters.
(a) If any sampling result is above the benchmark value for any parameter at any outfall, then
the permittee shall respond in accordance with Table 2 to identify and address the source
of that exceedance for the parameter(s).
(b) Each required response shall be documented in the SWPPP as each action occurs
including; the date and value of the benchmark exceedance, the date the Division's
Winston-Salem Regional Office was notified of the exceedance, the inspection date, the
personnel conducting the inspection, the selected feasible actions, and the date the
selected feasible actions were completed.
(c) Each exceedance of a benchmark parameter shall individually require a Tier One
response.
(d) The Tier One response shall be in accordance with Table 2 below:
Table 2: Tier One Response for a Benchmark Exceedance
Timeline from Receipt
Tier One Required Response/Action
of Sampling Results
Continuously
i. Document the exceedance and each required response/action in
the SWPPP in accordance with Part D-5 of the permit.
Within two weeks
ii. Notify the Division's Winston-Salem Regional Office of the
exceedance date and value via email or, when it is developed, an
electronic form created by the Division for reporting exceedances.
iii. Conduct a stormwater management inspection.
iv. Identify and evaluate possible causes of the benchmark
exceedance.
Within one month
v. Select specific, feasible courses of action to reduce concentrations
of the parameter(s) of concern including, but not limited to,
source controls, operational controls, or physical improvements.
Within two months
vi. Implement the selected feasible actions.
D-6. Tier Two Response: Two Consecutive Benchmark Exceedances
The facility will remain in Tier Two status until three consecutive samples are under the
benchmark or are inside the benchmark range for all parameters.
(a) If any two consecutive sampling results in a row are above the benchmark value for any
parameter at an outfall, then the permittee shall respond in accordance with Table 3 to
identify and address the source of exceedances for that parameter at that outfall.
(b) After implementing the specific feasible courses of action, perform monthly monitoring
for all analytical monitoring parameters at outfall(s) in Tier Two status until three samples
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in a row are below the benchmark value.
(c) Each required response shall be documented in the SWPPP as each action occurs
including; the dates and values of the benchmark exceedances, the date the Division's
Winston-Salem Regional Office was notified of the consecutive exceedances, the
inspection date, the personnel conducting the inspection, the selected feasible actions, the
date the selected feasible actions were completed, and the monthly monitoring results.
(d) Each pair of two consecutive exceedances of a single benchmark parameter at a single
outfall shall constitute an event that requires a Tier Two response. Subsequent events shall
not include the same exceedances that have been addressed in a Tier Two response.
(e) The Tier Two response shall be in accordance with Table 3 below.
(f) Alternatively, in lieu of the steps listed above, the permittee may, after two consecutive
exceedances exercise the option of contacting the DEMLR Regional Engineer as provided
below in Tier Three. The Regional Engineer may require additional response actions on
the part of the permittee as provided in Tier Three, including reduced or additional
sampling parameters or frequency.
Table 3: Tier Two Response for Two Consecutive Benchmark Exceedances
Timeline from Receipt of
Tier Two Required Response/Action
Sampling Results
Continuously
i. Document the exceedance and each required response/action in
the SWPPP in accordance with Part D-6 of the permit.
ii. Monitor all parameters monthly (qualitative and quantitative) at
appropriate outfall(s)
Within two weeks
iii. Notify the Division's Winston-Salem Regional Office in
writing of the exceedance date and value.
iv. Conduct a stormwater management inspection.
v. Identify and evaluate possible causes of the benchmark
exceedance.
Within one month
vi. Select specific, feasible courses of action to reduce
concentrations of the parameter(s) of concern including, but not
limited to, source controls, operational controls, or physical
improvements.
D-7. Tier Three Response: Four Benchmark Exceedances Within 5 Years
The facility will remain in Tier Three status until three consecutive samples are under the
benchmark or are inside the benchmark range for all parameters.
(a) If any four sampling results within a five-year period for any single parameter are above
the benchmark value at a sampled outfall, then the permittee shall respond in accordance
with Table 4 to identify and address the source of exceedances for that parameter at that
outfall.
(b) The permittee shall prepare a written Action Plan and submit to the Division's Winston-
Salem Regional Office for review and approval within thirty (30) days of receipt of the
fourth analytical monitoring data point that exceeds the benchmark value. See Section G-
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1. (b) for reporting requirements. At a minimum, the Action Plan shall include:
documentation of the four benchmark exceedances;
ii. an inspection report that covers the industrial activities within the drainage area of
the outfall with the exceedances (including the date of the inspection and the
personnel conducting the inspection);
iii. an evaluation of standard operating procedures and good housekeeping
procedures;
iv. identification of the source(s) of exceedances;
V. specific actions that will be taken to remedy the identified source(s) with a
schedule for completing those actions; and
vi. a monitoring plan to verify that the Action Plan has addressed the source(s).
(c) The permittee shall keep the Action Plan in the SWPPP and document when each specific
action was carried out and by whom.
(d) The permittee shall contact the Division's Winston-Salem Regional Office when all
actions in the Action Plan are completed.
(e) The Division may, but is not limited to, require the permittee to:
i. Revise, increase, or decrease the monitoring and reporting frequency for some or
all of the parameters herein;
ii. Perform additional sampling or sample for substitute parameters;
iii. Install structural stormwater control measures;
iv. Implement other stormwater control measures;
V. Perform upstream and downstream monitoring to characterize impacts on
receiving waters;
vi. Implement site modifications to qualify for a No Exposure Exclusion; and/or
vii. Continue Tier Three obligations through the permit renewal process.
(f) The Tier Three response shall be in accordance with Table 4 below.
Table 4: Tier Three Res onse for Four Benchmark Exceedances Within Five Years
Timeline from Receipt of
Fourth Sampling Result
Tier Three Required Response/Action
Continuously
i. Document the exceedances and each required response/action
in the SWPPP in accordance with Part D-7 of the permit.
11. Monitor all parameters monthly (qualitative and quantitative)
at appropriate outfall(s).
Within two weeks
iii. Notify the Division's Winston-Salem Regional Office in
writing of the affected outfall, four exceedance dates and
values.
iv. Conduct a stormwater management inspection.
v. Identify and evaluate possible causes of the benchmark
exceedance.
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Within one month
vi. Prepare an Action Plan and submit to the Division's Winston-
Salem Regional Office for review and approval.
Upon DEQ Approval
vii. Implement the approved Action Plan.
Upon Completion of
viii. Notify the Division's Winston-Salem Regional Office of
Approved Action Plan
Action Plan completion.
This site discharges to impaired waters which exceed criteria for benthos. If the Division
institutes further actions, which may include the development of a Total Maximum Daily Load
(TMDL) for this segment of Little Troublesome Creek, then the Division will consider your
monitoring results in determining whether additional SCMs and/or BMPs are needed to control
the pollutant(s) of concern to the maximum extent practicable.
If additional SCMs and/or BMPs are needed to achieve the required level of control, the
permittee will be notified in writing and required to; (1) develop a strategy for implementing
appropriate SCMs and/or BMPs, and (2) submit a timetable for incorporation of those SCMs
and/or BMPs into the Stormwater Pollution Prevention Plan.
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Permit NCS000030
PART E: SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)
E-1. Deadlines for Submittal of Discharge Monitoring Reports
Discharge Monitoring Reports (DMRs) shall be submitted in accordance with Table 5 below. For
permits issued between March 1-3 1, June 1-30, September 1-30 or December 1-3 1, sampling
shall not commence until the next sampling period following initial issuance of the permit.
Table 5: Reporting Requirements
Monitoring Period
Deadline
January 1 — March 30
April 30
April 1 — June 30
July 30
July 1 — September 30
October 30
October 1 — December 31
January 30
E-2. Electronic Discharge Monitoring Reporting (eDMR) Process
Unless otherwise informed by the Director, permittees shall register in eDMR prior to January 1,
2021 and shall begin reporting discharge monitoring data using eDMR prior to July 1, 2021.
New permittees are required to register for eDMR within 30 days of the permit issuance date.
Permittees shall follow the guidelines for submitting data that are set forth in the Stormwater
eDMR User Manual, available on the Division's website at deq.nc.gov/SW-eDMR.
E-3. Occurrences of No Discharge
If no discharge occurs during the sampling period, the permittee must record within 30 days of
the end of the sampling period in the facility's monitoring records in accordance with the
guidelines for submitting data that are set forth in the Stormwater eDMR User Manual, available
on the Division's website at deq.nc.gov/SW-eDMR.
E-4. Reports if More Frequent Monitoring Has Occurred
If the permittee monitors any pollutant more frequently than required by this permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit,
the results of such monitoring shall be included in the data submitted on the DMR. However, for
purposes of benchmark comparison and Tiered response actions, the permittee shall use the
analytical results from the first sample with valid results within the monitoring period and submit
it no later than 30 days from that date the facility receives the sampling results.
E-5. Report if Begin Discharging to a New Stormwater Discharge Outfall
The permittee shall submit a letter describing the modification and an updated site map to the
Division prior to discharging to a new SDO. Division approval must be granted in writing prior
to discharging to a new SDO.
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E-6. Qualitative Monitoring Reports
The permittee shall record the required qualitative monitoring observations on the SDO
Qualitative Monitoring Report form provided by the Division at deq.nc.gov/SW-industrial and
shall retain the completed forms on site. Qualitative monitoring results shall not be submitted to
the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring
Report forms are available on the Division's website.
E-7. Monitoring Report Retention
Copies of the following reports shall be maintained on -site or be available electronically to the
Division upon request. These records or copies shall be maintained for a period of at least five
(5) years from the date of the sample, measurement, report, permit renewal, or permit
application. This period may be extended by request of the Director at any time [40 CFR
122.41].
(a) Calibration and maintenance records,
(b) Original strip chart recordings for continuous monitoring instrumentation,
(c) Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report
submissions,
(d) Visual monitoring records, and
(e) Copies of all data used to complete the permit application.
E-8. Waivers from Electronic Reporting
(a) If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to
the facility being physically located in an area where less than 10 percent of the
households have broadband access, then a temporary waiver from the NPDES electronic
reporting requirements may be granted and discharge monitoring data may be submitted
on paper DMR forms or alternative forms approved by the Director. Duplicate signed
copies shall be submitted to the mailing address above. See "How to Request a Waiver
from Electronic Reporting" section below.
(b) The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic reporting
waiver request to the Division. Requests for temporary electronic reporting waivers must
be submitted in writing to the Division for written approval at least sixty (60) days prior to
the date the facility would be required under this permit to begin submitting monitoring
data and reports. The duration of a temporary waiver shall not exceed five (5) years and
shall thereupon expire. At such time, monitoring data and reports shall be submitted
electronically to the Division unless the permittee re -applies for and is granted a new
temporary electronic reporting waiver by the Division. Approved electronic reporting
waivers are not transferrable. Only permittees with an approved reporting waiver request
may submit monitoring data and reports on paper to the Division for the period that the
approved reporting waiver request is effective.
(c) Information on eDMR and the application for a temporary electronic reporting waiver are
found on the DEQ web page at deq.nc.gov/SW-eDMR.
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PART F: OTHER OCCURENCES THAT MUST BE REPORTED
After becoming aware of an occurrence that must be reported, the permittee shall contact the
Division's Winston-Salem Regional Office within the timeframes and in accordance with the
other requirements listed in Table 6 below. Occurrences outside normal business hours may also
be reported to the Department's Environmental Emergency Center personnel at [phone].
The permittee shall report all instances of noncompliance not reported under 24-hour reporting at
the time monitoring reports are submitted [40 CFR 122.41(1)(7)].
Table 6: Other Occurrences that Shall Be Reported
Occurrence
Reporting Timeframes (After Discovery) and
Other Requirements
Visible Sedimentation in a stream or
(a)
Within 24 hours, an oral or electronic
wetland
notification.
(b)
Within 7 calendar days, a report that contains a
description of the sedimentation event and
permittee actions taken to address it.
Oil spills if they are:
(c)
Within 24 hours, an oral or electronic
• 25 gallons or more,
notification. The notification shall include
• less than 25 gallons but cannot be
information about the date, time, nature, volume
cleaned up within 24 hours,
and location of the spill or release.
• cause sheen on surface waters
(regardless of volume), or
• are within 100 feet of surface waters
(regardless of volume).
Releases of hazardous substances in
(d)
Within 24 hours, an oral or electronic
excess of reportable quantities under
notification. The notification shall include
Section 311 of the Clean Water Act Ref:
information about the date, time, nature, volume
40 CFR 110.3and 40 CFR 117.3) or
and location of the spill or release.
section 102 of CERCLA (Ref. 40 CFR
302.4) or G.S. 143-215.85
Noncompliance with the conditions of
(e)
Within 24 hours, an oral or electronic
this permit that may endanger health or
notification.
the environment. [40 CFR 122.41(1)(7)]
(f)
Within 7 calendar days, a report that contains 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
noncompliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance. [40 CFR
122.41(1)(6).
(g)
Division staff may waive the requirement for a
written report on a case -by -case basis.
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PART G: PERMIT ADMINISTRATION
G-1. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified
[40 CFR 122.41(k)].
(a) All permit applications shall be signed as follows:
i. For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary, treasurer
or vice president of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision making functions for the
corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility including having
the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to
assure long term environmental compliance with environmental laws and
regulations; the manager can ensure that the necessary systems are established or
actions taken to gather complete and accurate information for permit application
requirements; and where authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
ii. For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
iii. For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official [40 CFR 122.22].
(b) All reports required by the permit and other information requested by the Director shall be
signed by a person described in paragraph (a). above or by a duly authorized
representative of that person. A person is a duly authorized representative only i£
i. The authorization is made in writing by a person described above;
ii. The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position
of plant manager, operator of a well or well field, superintendent, a position of
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.);
and
iii. The written authorization is submitted to the Director [40 CFR 122.22].
(c) Changes to authorization: If an authorization under paragraph (b) of this section is no
longer accurate because a different individual or position has responsibility for the overall
operation of the facility, a new authorization satisfying the requirements of paragraph (b)
of this section must be submitted to the Director prior to or together with any reports,
information, or applications to be signed by an authorized representative [40 CFR 122.22].
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(d) Certification. Any person signing a document under paragraphs (a) or (b) of this section,
or submitting an electronic report (e.g., eDMR), shall make the following certification [40
CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED.
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible 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. "
G-2. Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order
to receive automatic authorization to discharge beyond the expiration date, the
permittee shall submit forms and fees as are required by the agency authorized to issue
permits no later than 180 days prior to the expiration date, unless permission for a later date has
been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee
that does not have a permit after the expiration and has not requested renewal at least 180 days
prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-
215.36 and 33 USC 1251 et. seq.
G-3. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged
[40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically
listed in the permit or subject to notification requirements under 40 CFR Part 122.42(a).
G-4. Transfers
This permit is not transferable to any person without prior written notice to and approval from
the Director in accordance with 40 CFR 122.61. The Director may condition approval in
accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2. and may require
modification or revocation and reissuance of the permit, or a minor modification, to identify the
new permittee and incorporate such other requirements as may be necessary under the CWA [40
CFR 122.41(1)(3), 122.61] or state statute.
G-5. Sale or Closure
The Permittee is required to notify the Division in writing in the event the permitted facility is
sold or closed.
G-6. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws,
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rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123;
Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et al. After public notice and opportunity for a hearing, the permit
may be terminated for cause. The filing of a request for a permit modification, revocation and
reissuance, or termination does not stay any permit condition.
G-7. Anticipated Noncompliance
The permittee shall give advanced notice to the Director of any planned changes at the permitted
facility which may result in noncompliance with the permit [40 CFR 22.41(1)(2)].
G-8. Requirement to Report Incorrect Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a
permit application or submitted incorrect information in a permit application or in any report to
the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)].
G-9. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with
15A NCAC 2H .0105(b)(2) may cause this Division to initiate action to revoke coverage under
this permit.
G-10. 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.
G-11. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to
regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution
Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure.
If no approved methods are determined capable of achieving minimum detection and reporting
levels below the permit discharge requirements, then the most sensitive (method with the lowest
possible detection and reporting level) approved method must be used.
G-12. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges
that are required to be sampled, the permittee may petition the Director for representative outfall
status. If it is established that the stormwater discharges are substantially identical, and the
permittee is granted representative outfall status, then analytical sampling requirements may be
performed at a reduced number of outfalls.
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G-13. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available
for public inspection at the offices of the Division. As required by the Act, analytical data shall
not be considered confidential. Knowingly making any false statement on any such report may
result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section
309 of the Federal Clean Water Act.
G-14. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance does not stay any permit condition [40 CFR
122.41(f)].
G-15. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,
the permittee shall record the following information [40 CFR 122.41]:
(a) The date, exact place, and time of sampling or measurements;
(b) The individual(s) who performed the sampling or measurements;
(c) The date(s) analyses were performed;
(d) The individual(s) who performed the analyses;
(e) The analytical techniques or methods used; and
(f) The results of such analyses.
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PART H: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
H-1. Proper Operation and Maintenance
The permittee shall at all times:
(a) Properly operate and maintain all facilities and systems of treatment and control and
related appurtenances which are installed or used by the permittee to achieve compliance
with the conditions of this permit.
(b) Implement laboratory controls and quality assurance procedures for onsite labs
and field parameter testing.
(c) Operate back-up or auxiliary facilities or similar systems which are installed by a
permittee only when the operation is necessary to achieve compliance with the conditions
of this permit [40 CFR 122.41(e)].
H-2. Corrective Actions
The permittee shall take corrective actions if self -inspections required by this permit identify a
need for corrective actions, a facility fails to perform satisfactorily, or a facility creates nuisance
conditions.
Corrective actions shall include, but not be limited to: maintenance, modifications, or additions
to existing control measures, the construction of additional or replacement treatment or disposal
facilities, or implementation of new BMPs. Corrective actions shall be completed as soon as
possible considering adverse weather and site conditions.
H-3. Draw Down of Treatment Facilities for Essential Maintenance
The permittee may draw down stormwater and wastewater treatment facilities if the drawdown is
for essential maintenance to assure efficient operation and one of the following conditions is met:
(a) Either treatment facilities shall be drawn down from the surface, or
(b) Analytical sampling data of the water stored in the treatment facility demonstrates that the
discharge will not exceed benchmarks or violate effluent limitations in this permit. The
sampling data shall be collected no more than 14 calendar days prior to the draw down.
H-4. Bypasses of Stormwater Control Facilities
Bypass is prohibited, and the Division may take enforcement action against a permittee
for bypass unless the permittee provides engineering evidence that all three of the following
conditions are met:
(a) The bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary control
facilities, retention of stormwater, or maintenance during normal periods of equipment
downtime or dry weather. This condition is not satisfied if adequate backup controls
should have been installed in the exercise of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of equipment downtime or preventive
maintenance; and
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(c) The permittee submitted notices and identified the reason(s) for the bypass as required
under Part H6 of this permit.
If the Director determines that it will meet the three conditions listed above, the Director
may approve an anticipated bypass after considering its adverse effects.
H-5. Upsets
Diversions of stormwater and wastewater from treatment facilities may be considered
as an upset if the permittee can demonstrate to the Director that all of the following conditions
have been met. In any enforcement proceeding, the permittee seeking to establish the occurrence
of an upset has the burden of proof.
(a) The permittee demonstrates that the upset was not caused by operational error, improperly
designed treatment or control facilities, lack of preventive maintenance, or careless or
improper operation.
(b) The permittee agrees to take remedial measures if necessary.
(c) The permittee submitted notice of the upset and identified the cause(s) of the upset as
required under part H6 of this permit.
H-6. Required Notice for Bypass or Upset
After a permittee becomes aware of an occurrence that must be reported, the permittee shall
contact the Division's Winston-Salem Regional Office within the timeframes and in accordance
with the requirements listed in Table 7 below. Occurrences outside normal business hours may
also be reported to the Department's Environmental Emergency Hotline at [phone].
Table 7: Bypass and Upset Reporting Requirements
Event
[40 CFR 122.41(m)(3)]
Reporting Requirements
Anticipated Bypass
Written report at least ten days prior to the anticipated
bypass. The written report shall include an evaluation of the
anticipated quantity, quality and effect of the bypass.
Unanticipated Bypass or
Oral or electronic notification within 24 hours of the event,
Upset
and
Written report within 7 calendar days of the event. The
written report shall include an evaluation of the quantity,
quality and effect of the bypass.
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Permit NCS000030
PART I: COMPLIANCE AND LIABILITY
I-1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
(a) Facilities applying for permit renewal: All requirements, conditions, limitations, and
controls contained in this permit (except new SWPPP elements in this permit renewal)
shall become effective immediately upon issuance of this permit. New elements of the
Stormwater Pollution Prevention Plan for this permit renewal shall be developed and
implemented within 6 months of the effective date of this permit and updated thereafter on
an annual basis. Secondary containment, as specified in B9 of this permit shall be
accomplished prior to the beginning of stormwater discharges from the operation of the
industrial activity.
I-2. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of a permit upon
renewal application [40 CFR 122.41].
(a) The permittee shall comply with standards or prohibitions established under section
307(a) of the CWA for toxic pollutants within the time provided in the regulations that
establish these standards or prohibitions, even if the permit has not yet been modified to
incorporate the requirement [40 CFR 122.41].
(b) The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318
or 405 of the Act, or any permit condition or limitation implementing any such sections in
a permit issued under section 402, or any requirement imposed in a pretreatment program
approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not
to exceed $51,570 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)].
(c) The CWA provides that any person who negligently violates sections 301, 302, 306, 307,
308, 318, or 405 of the Act, or any condition or limitation implementing any of such
sections in a permit issued under section 402 of the Act, or any requirement imposed in a
pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject
to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not
more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day
of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1)
and 40 CFR 122.41(a)(2)].
(d) Any person who knowingly violates such sections, or such conditions or limitations is
subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment
for not more than 3 years, or both. In the case of a second or subsequent conviction for a
knowing violation, a person shall be subject to criminal penalties of not more than
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$100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC
1319(c)(2) and 40 CFR 122.41(a)(2)].
(e) Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of
the Act, or any permit condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, and who knows at that time that he thereby
places another person in imminent danger of death or serious bodily injury, shall, upon
conviction, be subject to a fine of not more than $250,000 or imprisonment of not more
than 15 years, or both. In the case of a second or subsequent conviction for a knowing
endangerment violation, a person shall be subject to a fine of not more than $500,000 or
by imprisonment of not more than 30 years, or both. An organization, as defined in
section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent
danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)].
(f) Under state law, a civil penalty of not more than $25,000 per violation may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit [North Carolina General Statutes § 143-215.6A].
(g) Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of this
Act. Administrative penalties for Class I violations are not to exceed $20,628 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$51,570. Penalties for Class II violations are not to exceed $20,628 per day for each day
during which the violation continues, with the maximum amount of any Class II penalty
not to exceed $257,848 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)].
I-3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of
this permit which has a reasonable likelihood of adversely affecting human health or the
environment [40 CFR 122.41(d)].
I-4. Civil and Criminal Liability
Except as provided in Part H-4 of this permit regarding bypassing of stormwater control
facilities, nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,
143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility
for effective compliance may be temporarily suspended.
I-5. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
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I-6. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state or local laws or regulations [40
CFR 122.41(g)].
I-7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby
[NCGS 15013-23].
I-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 permit or to determine compliance with this
permit. The permittee shall also furnish to the Director, upon request, copies of records required
to be kept by this permit [40 CFR 122.41(h)].
I-9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under
this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both. If a conviction of a
person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not
more than four years, or both [40 CFR 122.41].
I-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 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 six months per violation, or by both [40 CFR
122.41].
I-11. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
I-12. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
I-13. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including
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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 permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location [40 CFR 122.41(i)].
I-14. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit [40 CFR 122.41(c)].
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PART J: DEFINITIONS
Act
See Clean Water Act.
Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as
local flooding, high winds, or electrical storms, or situations that otherwise make sampling
impractical. When adverse weather conditions prevent the collection of samples during the
sample period, the permittee must take a substitute sample or perform a visual assessment during
the next qualifying storm event. Documentation of an adverse event (with date, time and written
narrative) and the rationale must be included with SWPPP records. Adverse weather does not
exempt the permittee from having to file a monitoring report in accordance with the sampling
schedule. Adverse events and failures to monitor must also be explained and reported on the
relevant DMR.
Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. However, non-stormwater discharges which shall
be allowed in the stormwater conveyance system include:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or
eye wash as a result of use in the event of an emergency.
Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may
take the form of a process, activity, or physical structure. More information on BMPs can be
found on the Environmental Protection Agency's website.
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.
Bulk Storage of Liquid Materials
Liquid raw materials, intermediate products, 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 having a total combined storage
capacity of greater than 1,320 gallons.
Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
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Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.
EMC
The North Carolina Environmental Management Commission.
Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed
(quantitatively or qualitatively) must be taken within the first 30 minutes of discharge.
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
High Quality Waters (HQW)
Supplemental North Carolina water quality classification intended to protect waters which are
rated excellent based on biological and physical/chemical characteristics through Division
monitoring or special studies, or HQW by definition:
(a) Water Supply Watershed I (WS-I),
(b) Water Supply Watershed II (WS-II),
(c) SA waters (commercial shellfish),
(d) Outstanding Resource Waters (ORW),
(e) Primary Nursery Areas and other functional nursery areas designated by Marine Fisheries
Commission, or
(f) Waters for which the Division of Water Resources has received a petition for
reclassification to either WS-I or WS-II.
Impaired Waters
Streams, rivers and other bodies of water that do not meet water quality standards and may
require development of a Total Maximum Daily Load (TMDL) per Section 303(d) of the federal
Clean Water Act.
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.
Measurable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may
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not apply if the permittee is able to document that a shorter interval is representative for local
storm events during the sampling period and obtains approval from the local DEMLR Winston-
Salem Regional Office. Two copies of this information and a written request letter shall be sent
to the local DEMLR Winston-Salem Regional Office. After authorization by the DEMLR
Winston-Salem Regional Office, a written approval letter must be kept on site in the permittee's
SWPPP.
Municipal Separate Storm Sewer System (MS4)
A stormwater collection system within an incorporated area of local self-government such as a
city or town.
No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a
storm -resistant shelter or acceptable storage containers to prevent exposure to rain, snow,
snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material
handling equipment or activities, industrial machinery, raw materials, intermediate products, by-
products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR 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).
Outstanding Resource Water (ORW)
Supplemental North Carolina water quality classification intended to protect unique and special
waters having excellent water quality and being of exceptional state or national, ecological or
recreational significance. To qualify, waters must be rated "excellent" by the NC Division of
Water Resources, and have one of the following outstanding resource values:
(a) Outstanding fish habitat and fisheries,
(b) Unusually high level of water -based recreation or potential for such kind of recreation,
(c) Some special designation such as N.C. Scenic/Natural River, or National Wildlife
Refuge,
(d) Important component of state or national park or forest; or
(e) Special ecological or scientific significance (rare or endangered species habitat, research
or educational areas).
All ORWs are also considered High Quality Waters (HQW) by supplemental classification.
Permittee
The owner or operator issued this permit, who is the legally responsible party for compliance.
Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any
pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
Representative Outfall Status
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When it is established that the discharge of stormwater runoff from a single outfall is
representative of the discharges at multiple outfalls, the Division may grant representative outfall
status. Representative outfall status allows the permittee to perform analytical monitoring at a
reduced number of outfalls.
Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to contain the 25-year, 24-hour storm event.
Section 313 Water Priority Chemical
A chemical or chemical category which:
(a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right -to -Know Act of 1986;
(b) Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
(c) Meets at least one of the following criteria:
1. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants),
Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants
and hazardous substances);
2. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
3. Is a pollutant for which EPA has published acute or chronic water quality criteria.
Severe Property Damage
Substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably
be expected to occur in the absence of a bypass. Severe property damage does not mean
economic loss caused by delays in production.
Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and
plastic pellets; finished materials such as metallic products; raw materials used in food
processing or production; hazardous substances designated under section 101(14) of CERCLA;
any chemical the facility is required to report pursuant to section 313 of Title III of SARA;
fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to
be released with stormwater discharges.
Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or
section 102 of CERCLA (Ref: 40 CFR 302.4).
Stormwater Discharge Associated with Industrial Activity
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This term is defined in 40 CFR 122.26(14).
Stormwater Control Measure (SCM)
A permanent structural device that is designed, constructed, and maintained to remove pollutants
from stormwater runoff by promoting settling or filtration or mimic the natural hydrologic cycle
by promoting infiltration, evapotranspiration, post -filtration discharge, reuse of stormwater, or a
combination thereof.
Stormwater Control Systems
All systems at present at the facility used for the control and facilitation of stormwater, including
but not limited to, all drainage systems and all stormwater control measures and best
management practices.
Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance,
including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or
channelized collection areas, from which stormwater flows directly or indirectly into waters of
the State of North Carolina.
Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an
industrial site. Facilities considered to be engaged in "industrial activities" include those
activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities
or activities excluded from the NPDES program.
Stormwater Pollution Prevention Plan (SWPPP)
A comprehensive site -specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution potential of the site.
Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons,
for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina
can be found on the Division's website.
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Trout Water (Tr)
Supplemental NC water quality classification intended to protect freshwaters for natural trout
propagation and survival of stocked trout on a year round basis. This is not the same as the NC
Wildlife Resources Commission's Designated Public Mountain Trout Waters.
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Upset
An exceptional incident in which there is unintentional and temporary noncompliance with
technology -based permit effluent limitations because of factors beyond the reasonable control of
the permittee. An upset does not include noncompliance to the extent caused by operational
error, improperly designed treatment or control facilities, inadequate treatment or control
facilities, lack of preventive maintenance, or careless or improper operation.
Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations. This definition includes equipment maintenance
activity that uses hydraulic oil and that is stored or used outside, or otherwise exposed to
stormwater.
Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water,
air, gravity, or ice from its site of origin which can be seen with the unaided eye.
10-year, 24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average,
once in 10 years.
25-year, 24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average,
once in 25 years.
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