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Home My WebLink AboutNC0000892_Permit (Issuance)_20230324Permit NC0000892 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY TO DISCHARGE WASTEWATER AND STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 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, Arclin USA, LLC is hereby authorized to discharge wastewater and stormwater from a facility located at Arclin USA, LLC 790 Corinth Road Moncure Chatham County to receiving waters designated as the Haw River in the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and V hereof. This permit shall become effective ............................ May 1, 2023. This permit and authorization to discharge shall expire at midnight on April 30, 2028. Signed this day ........................................... March 31, 2023. Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Page 2 of 25 Permit NC0000892 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Archn USA, LLC is hereby authorized to: 1. Continue to operate an existing 0.100 MGD wastewater treatment facility consisting of: o 1.7 MG aerated equalization basin with surface aerators o 1.6 MG active sludge aeration basin with surface aerators o 19.5 ft diameter clarifier o Four (4) 20 ft x 50 ft sand filter beds o Effluent flow meter o Effluent composite sampler o Three (3) 25 ft x 50 ft sludge drying beds The facility is located at Arclin USA, LLC 790 Corinth Road, Moncure, Chatham County. 2. Discharge wastewater through Outfall 001 and stormwater associated with industrial activity through Outfalls 002, 003 and 004 from said treatment works at the location specified on the attached map into the Haw River, which are classified WS-IV waters in the Cape Fear River Basin. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOI form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must certify the No Exposure Exclusion once annually. Page 2 of 25 Permit NC0000892 Part I SECTION A: INDUSTRIAL WASTEWATER A. (L) EFFLUENT LIMITATIONS AND MONIORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq] During the period beginning upon effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated industrial and domestic wastewater, and reverse osmosis reject wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location ' Flow 0.1 MGD Continuous Recordin g Influent or Effluent BOD, 5-day, 200C 36.1 lbs/day 95.95 lbs/day Weekly Composite Effluent Total Suspended Solids (TSS) 39.6 lbs/day 126.85 lbs/day Weekly Composite Effluent pH Not more than 9.0 S.U. nor less than 6.0 S.U. Weekly Grab Effluent NH3 as N, mg/L Weekly Grab Effluent Dissolved Oxygen (DO), mg/L Weekly Grab Effluent Dissolved Oxygen (DO), mg/L Weekly Grab Upstream & Downstream Formaldehyde, mg/L Weekly Grab Effluent Temperature, °C Weekly Grab Upstream & Downstream Conductivity, µmhos/cm 2 Monthly Grab Effluent Conductivity, µohms/cm Weekly Grab Upstream & Downstream TKN, mg/L 3 Weekly Composite Effluent NO2-N+NO3-N, mg/L 3 Weekly Composite Effluent Fecal Coliform, 9/100 mL Monthly Grab Effluent Total Nitrogen (TN), mg/L 3 Quarterly Composite Effluent Total Phosphorus (TP), mg/L Quarterly Composite Effluent Chronic Toxicity 2,4 Quarterly Composite Effluent Salinity, ppt 2 Annually Grab Effluent Total Dissolved Solids, mg/L 2 Annually Grab Effluent Total Arsenic, µg/L 2 Annually Grab Effluent Total Chlorides, mg/L 2 Annually Grab Effluent Total Iron, mg/L 2 Annually Grab Effluent Total PAH5 357.5 µg/L 357.5 µg/L Annually Grab Effluent 40 applicable PFAS compounds' Quarterly Grab Effluent Footnotes: 1. Upstream = 100 feet above the discharge. Downstream = In the Haw River prior to confluence with the Deep River. Instream monitoring is waived as long as Permittee remains a member of the Upper Cape Fear River Basin association. See special condition A. (4.). 2. Samples must be collected during an RO wastewater discharge event. Page 3 of 25 Permit NC0000892 3. Total Nitrogen is the sum of Total Kjeldahl Nitrogen and Nitrite/Nitrate Nitrogen, TKN and (NO2-N + NO3-N) respectively. 4. Chronic Toxicity (Ceriodaphnia) @ 0.39%; February, May, August, and November. See Special Condition A. (3). 5. PAH — polyaromatic hydrocarbons. 6. Please see special condition A. (7). There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 25 Permit NC0000892 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge OCPSF related process wastewater as defined by 40CFR 414.91 Subpart I from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristic Daily Maximum Monthly Average Measurement Sample Sample lbs/da lbs/day Frequency Type Location' Acenaphthene 0.034 0.013 Quarterly Grab E Acenaphthylene 0.034 0.013 Quarterly Grab E Acrylonitrile 0.141 0.056 Quarterly Grab E Anthracene 0.034 12.95 µg/L Quarterly Grab E Benzene 0.079 0.022 Quarterly Grab E Benzo(a)anthracene 0.034 14.94 µg/L Quarterly Grab E 3,4-Benzofluoranthene 0.036 14.94 µg/L Quarterly Grab E Benzo(k)fluoranthene 0.034 0.013 Quarterly Grab E Benzo(a)pyrene 0.036 1.49 µg/L Quarterly Grab E Bis(2-ethylhexyl) phthalate 0.163 0.060 Quarterly Grab E Carbon Tetrachloride 0.022 0.011 Quarterly Grab E Chlorobenzene 0.016 0.009 Quarterly Grab E Chloroethane 0.156 0.061 Quarterly Grab E Chloroform 0.027 0.012 Quarterly Grab E 2-Chlorophenol 0.057 0.018 Quarterly Grab E Chrysene 0.034 0.013 Quarterly Grab E Di-n-butyl phthalate 0.033 0.016 Quarterly Grab E 1,2-Dichlorobenzene 0.095 0.045 Quarterly Grab E 1,3-Dichlorobenzene 0.026 0.018 Quarterly Grab E 1,4-Dichlorobenzene 0.016 0.009 Quarterly Grab E 1,1-Dichloroethane 0.034 0.013 Quarterly Grab E 1,2-Dichloroethane 0.123 0.040 Quarterly Grab E 1,1-Dichloroethylene 0.015 0.009 Quarterly Grab E 1,2-trans-Dichloroethylene 0.032 0.012 Quarterly Grab E 2,4-Dichlorophenol 0.065 0.023 Quarterly Grab E 1,2-Dichloropropane 0.134 0.089 Quarterly Grab E 1,3-Dichloropropylene 0.026 0.017 Quarterly Grab E Diethyl phthalate 0.119 0.047 Quarterly Grab E 2,4-Dimethylphenol 0.021 0.011 Quarterly Grab E Dimethyl phthalate 0.027 0.011 Quarterly Grab E 4,6-Dinitro-o-cresol 0.162 0.046 Quarterly Grab E 2,4-Dinitrophenol 0.072 0.041 Quarterly Grab E 2,4-Dinitrotoluene 0.166 0.066 Quarterly Grab E 2,6-Dinitrotoluene 0.374 0.149 Quarterly Grab E Ethylbenzene 0.063 0.019 Quarterly Grab E Fluoranthene 0.040 0.015 Quarterly Grab E Fluorene 0.034 0.013 Quarterly Grab E Page 5 of 25 Permit NC0000892 Effluent Characteristic Daily Maximum Monthly Average Measurement Sample Sample lbs/da lbs/day Frequency Type Location' Hexachlorobenzene 0.016 0.91 µg/L Quarterly Grab E Hexachlorobutadiene 0.029 0.012 Quarterly Grab E Hexachloroethane 0.032 0.012 Quarterly Grab E Methyl Chloride 0.111 0.050 Quarterly Grab E Methylene Chloride 0.052 0.023 Quarterly Grab E Naphthalene 0.034 0.013 Quarterly Grab E Nitrobenzene 0.040 0.016 Quarterly Grab E 2-Nitrophenol 0.040 0.024 Quarterly Grab E 4-Nitrophenol 0.072 0.042 Quarterly Grab E Phenanthrene 0.034 0.013 Quarterly Grab E Phenol 0.015 0.009 Quarterly Grab E Pyrene 0.039 0.015 Quarterly Grab E Tetrachloroethylene 0.033 0.013 Quarterly Grab E Toluene 0.047 0.015 Quarterly Grab E Total Nickel 2.324 0.987 Quarterly Grab E 1,2,4-Trichlorobenzene 0.082 19.69 µg/L Quarterly Grab E 1, 1, 1 -Trichloroethane 0.032 0.012 Quarterly Grab E 1,1,2-Trichloroethane 0.032 0.012 Quarterly Grab E Trichloroethylene 0.032 0.012 Quarterly Grab E Vinyl Chloride 0.156 0.061 Quarterly Grab E Page 6 of 25 Permit NC0000892 A. (3.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) [15A NCAC 02B .0200 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 0.39 %. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised- December 2010) or subsequent versions. The tests will be performed during the months of February, May, August, and November. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any month results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -December 2010) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP313 for the pass/fail results and THP313 for the Chronic Value. Additionally, DWR Form AT- 3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Or, results can be sent to the email: ATForms.ATB@ncdenr.gov Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity testing month. Page 7 of 25 Permit NC0000892 Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (4.) PROVISIONAL WAIVER OF INSTREAM MONITORING REQUIREMENTS [NCGS 143-215.3 (a) (2) and NCGS 143-215.661 Instream monitoring requirements in this NPDES permit shall be provisionally waived so long as the Permittee remains a member of the Upper Cape Fear River Basin Association and the Association continues to function as approved by the Division and Environmental Management Commission. If the Permittee does not participate in the Association or if the Association ceases to function, the instream monitoring requirements in this permit become effective immediately; and the Division may reopen this permit by administrative letter to establish additional instream monitoring requirements, it deems necessary to adequately characterize the effects of the discharges on water quality in the receiving stream. A. (5.) PERMIT RE -OPENER: SUPPLEMENTARY NUTRIENT MONITORING [NCGS 143-215.3 (a) (2) and NCGS 143-215.66] Pursuant to N.C. General Statutes Section 143-215.1 and the implementing rules found in Title 15A of the North Carolina Administrative Code, Subchapter 02H, specifically, 15A NCAC 02H.0112(b)(1) and 02H.0I 14(a), and Part II, Sections B.12. and B.13. of this Permit, the Director of DWQ may reopen this permit to require supplemental nutrient monitoring of the discharge. The additional monitoring will be to support water quality modeling efforts within the Cape Fear River Basin, and shall be consistent with a monitoring plan developed jointly by the Division and affected stakeholders. A. (6.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G. S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) Wl Page 8 of 25 Permit NC0000892 The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 (MR 1, 1.1, 2, 3) 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. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2025, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. Page 9 of 25 Permit NC0000892 EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http://www2.epa.gov/compliance/final-national-pollutant- di scharge-eliminati on-system-npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting 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 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. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: hnp://deq.nc.gov/about/divisions/water-resources/edmr 4. Si2natory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I I.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: hnp://deq.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system 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 Page 10 of 25 Permit NC0000892 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. " 5. Records Retention [Supplements Section D. (6.)l The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. A. (7.) PFAS MONITORING IN THE EFFLUENT [G. S. 143-215.1(b)] The facility shall employ method 1633 for analyzing PFAS compounds. The analysis shall be conducted quarterly during the permit term (5 years). Results of the PFAS analysis shall be submitted to the DEQ on the DMR. Page 11 of 25 Permit NC0000892 SECTION B: STORMWATER B. (L) 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. B. (2.) STORMWATER POLLUTION PREVENTION PLAN 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 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-2.1. 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. Page 12 of 25 Permit NC0000892 B-2.2. 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-2.3. 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 0) A graphic scale and north arrow. B-2.4. 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. Page 13 of 25 Permit NC0000892 B-2.5. 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 this permit. B-2.6. Narrative Description of Stormwater SCMs/BMWs 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-2.7. 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. B-2.8. 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-2.9. 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. Page 14 of 25 Permit NC0000892 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-2.10. 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; (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-2.11. 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. Page 15 of 25 Permit NC0000892 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 I —March 31 ii. Period 2: April 1 — June 30 iii. Period 3: July 1 — September 30 iv. Period 4: October 1 — 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-2.12. 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). B-2.13. 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-2.14. 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; Page 16 of 25 Permit NC0000892 (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-2.15. 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-2.16. 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 this permit) to the Director that the changes have been made. B-2.17. 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. B. (3.) STORMWATER POLLUTION PREVENTION PLAN 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. B-3.1. 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 Page 17 of 25 Permit NC0000892 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. B-3.2. 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. B. (4.) ANALYTICAL MONITORING REQUIREMENTS This part applies to industrial stormwater discharges of stormwater-only flows from drainage areas where industrial activities are performed. B-4.1. 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 1 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 Page 18 of 25 Permit NC0000892 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. B-4.2. 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 B-4.2(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 1 below. Page 19 of 25 Permit NC0000892 Table 1. Summary of Quarterly Baseline Sampling Requirements for Stormwater Discharges for Outfalls SW002, SW003, and SWO04 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) s 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) C0310 Biochemical Oxygen Demand Quarterly 30 mg/L (BOD5) 00340 Chemical Oxygen Demand (COD) Quarterly 120 mg/L C0600 Total Nitrogen Quarterly 30 mg/L C0665 Total Phosphorus Quarterly 2 mg/L C0610 Ammonia Nitrogen (Apr. 1 — Oct. 31) Quarterly 5.6 mg/L C0610 Nitrogen (Nov. 1 — Mar. Quarterly 15.0 mg/L 3Ammonia 71880 Formaldehyde Quarterly 0.5 mg/L Fnntnntes- 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. Page 20 of 25 Permit NC0000892 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 in 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. B-4.3. 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. B-4.4. 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 stream, body of water, or substance. (b) Monitoring points as specified in this permit shall not be changed without written notification to Page 21 of 25 Permit NC0000892 and approval by the Division [40 CFR 122.410)]. B-4.5. 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 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 of Sampling Results Tier One Required Response/Action 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 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. B-4.6. 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 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 Regional Office was Page 22 of 25 Permit NC0000892 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 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. B-4.7. 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 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-1. (b) for reporting requirements. At a minimum, the Action Plan shall include: i. 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 Page 23 of 25 Permit NC0000892 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 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 Response for Four Benchmark Exceedances Within Five Years Timeline from Receipt of Fourth Sampling Result Tier Three Required Response/Action 0 A Continuously i. Document the exceedances and each required response/action in the SWPPP in accordance with Part D-7 of the permit. ii. Monitor all parameters monthly (qualitative and quantitative) at appropriate outfall(s). Within two weeks iii. Notify the Division's 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. Within one month vi. Prepare an Action Plan and submit to the Division's Regional Office for review and approval. Upon DEQ Approval vii. Implement the approved Action Plan. Upon Completion of viii. Notify the Division's Regional Office of Action Plan Approved Action Plan completion. 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 Page 24 of 25 Permit NC0000892 BMPs, and (2) submit a timetable for incorporation of those SCMs and/or BMPs into the Stormwater Pollution Prevention Plan Page 25 of 25