NCG130000_General Permit (2023 Final Signed)_20230530

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL,AND LAND RESOURCES
GENERAL PERMIT NO.NCG130000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
For establishments primarily engaged in the following activities:
Non-metal Waste and Scrap
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act as amended,this permit is
hereby issued to all owners or operators,hereafter permittees,which are covered by this permit as
evidenced by receipt of a Certificate of Coverage (COC) by the Environmental Management
Commission to allow the discharge of stormwater to the surface waters of North Carolina or to
a separate storm sewer system conveying discharges to surface waters in accordance with the
terms and conditions set forth herein.
Coverage under this General Permit is applicable to:
♦ All owners or operators of stormwater point source discharges associated with establishments
primarily engaged in activities classified as the wholesale trade of non-metal waste and scrap
[hereafter referred to as the non-metal waste recycling industry, a portion of Standard
Industrial Classification (SIC) 5093];
♦ Stormwater point source discharges from like industrial activities deemed by The Division of
Energy, Mineral, and Land Resources (DEMLR) to be similar to these operations in the process,
or the discharges, or the exposure of raw materials,intermediate products,by-products,final
products, or waste products.
Except upon DEMLR determination of similarity as provided immediately above,coverage under this
General Permit is not applicable to:
♦ Contaminated stormwater as defined in Part J: Definitions of this permit.
The General Permit shall become effective on June 1, 2023.
The General Permit shall expire at midnight on May 31, 2028.
Signed this 30th day of May 2023.
Douglas Ansel nterim Director
Division of Energy, Mineral,and Land Resources
By the Authority of the Environmental Management Commission

Permit No.NCG130000
TABLE OF CONTENTS
PART A NCG130000 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 Process
B-5. Evaluation of Stormwater Outfalls
B-6. Stormwater Best Management Practice (BMP) Summary
B-7. Secondary Containment Plan
B-8. Spill Prevention and Response Procedures
B-9. Solvent Management Plan
B-10. Preventative Maintenance and Good Housekeeping
B-11. Employee Training
B-12. Representative Outfall Status
B-13. Devices Exempt from Analytical Monitoring
B-14. Annual SWPPP Review and Update
B-15. Notice to Modify the SWPPP
B-16. SWPPP Documentation
PART C OPERATIONAL REQUIREMENTS
C-1. Operation and Maintenance of Treatment and Control Systems
C-2. Stormwater Control Measure (SCM) Clean-Out
C-3. Residuals Management
C-4. Corrective Actions
C-5. Draw Down of Treatment Facilities for Essential Maintenance
C-6. Bypasses of Stormwater Treatment Facilities
C-7. Upsets
C-8. Required Notices for Bypasses and Upsets
PART D QUALITATIVE MONITORING OF STORMWATER DISCHARGES
D-1. Visual Inspections
D-2. Qualitative Monitoring Response
PART E ANALYTICAL MONITORING OF STORMWATER DISCHARGES
E-1. Required Baseline Monitoring
E-2. Baseline Sampling Benchmarks
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Permit No.NCG130000
E-3. Emerging Contaminants
E-4. Methodology for Collecting Samples
E-5. Locations for Collecting Samples
E-6. Tier I Response: Single Benchmark Exceedance
E-7. Tier II Response: Two Consecutive Benchmark Exceedances
E-8. Tier III Response: Four Benchmark Exceedances Within Five Years
PART F SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)
F-1. Deadlines for eDMR Registration
F-2. Discharge Monitoring Report(DMR) Forms Submittal
F-3. DMR Signature and Certification
F-4. Results Below Detection Limits
F-5 Occurrences of No Discharge
F-6. Reports Required if More Frequent Monitoring Has Occurred
F-7. Report Required if Begin Discharging to a Water Not Listed in COC
F-8. Submittal Process before Electronic Discharge Monitoring Reporting (eDMR)
F-9. Qualitative Monitoring Reports
F-10. Monitoring Report Retention
PART G OTHER OCCURANCES THAT MUST BE REPORTED
PART H PERMIT ADMINISTRATION
H-1. Signatory Requirements
H-2. General Permit Expiration
H-3. Planned Changes
H-4. Transfers
H-5. When an Individual Permit May be Required
H-6. When an Individual Permit May be Requested
H-7. General Permit Modification, Revocation and Reissuance, or Termination
H-8. Certificate of Coverage Actions
H-9. Requirement to Report Incorrect Information
H-10. Waivers from Electronic Reporting
H-11. Annual Administering and Compliance Monitoring Fee Requirements
H-12. Test Procedures
H-13. Availability of Reports
H-14 Action Plan Approval and Submittal
PART I COMPLIANCE AND LIABILITY
I-1. Compliance Schedule
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Permit No.NCG130000
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
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Permit No.NCG130000
PART A: NCG13 PERMIT COVERAGE
All persons desiring to have facilities covered by this General Permit must register with the
Division of Energy,Mineral,and Land Resources (DEMLR) by filing a Notice of Intent(NOI)
and paying the applicable fees.The NOI shall be submitted and a Certificate of Coverage
(COC) issued prior to any discharge of stormwater associated with industrial activity that
has a point source discharge to surface waters of the state or to a separate storm sewer
system conveying discharges to surface waters.
Any owner or operator not wishing to be covered or limited by this General Permit may
make application for an individual National Pollutant Discharge Elimination System
(NPDES) permit in accordance with NPDES procedures in 15A NCAC 2H .0100,stating the
reasons supporting the request.Any application for an individual permit shall be made at
least 180 days prior to commencement of discharge.
This General Permit does not cover activities or discharges covered by an individual NPDES
permit until the individual permit has expired or has been revoked.Any person conducting
an activity covered by an individual permit,but which could be covered by this General
Permit may request that the individual permit be revoked and coverage under this General
Permit be provided.
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 Exclusion from permitting must submit a No Exposure Certification NOI form to
DEMLR; must receive approval from DEMLR;must maintain no exposure conditions unless
authorized to discharge under a valid NPDES stormwater permit; and must recertify the No
Exposure Exclusion annually.
Any facility may apply for new or continued coverage under this permit until a Total
Maximum Daily Load (TMDL) for pollutants for stormwater discharges is established_A
TMDL is for one or more watersheds with one or more impaired waters. The TMDL sets
one or more pollutant-loading limit(s)that affect(s) one or more watersheds,or portion of a
watershed,draining to one or more impaired waters. A list of approved TMDLs for the state
of North Carolina can be found at https://deq.nc.gov/about/divisions/water-
resources/planning/modeling-assessment/tmdls.To not be subject to the TMDL,each
facility with one or more discharges to watersheds affected by a TMDL must demonstrate it
does not have reasonable potential to violate applicable water quality standards for those
pollutants identified in the TMDL as a result of discharges. If DEMLR determines that
discharges have reasonable potential to cause water quality standard violations,the facility
shall apply for an individual permit 180 days prior to the expiration date of this General
Permit.After that individual permit becomes effective,the facility will no longer have
coverage under this General Permit. Note although there is not a TMDL for every impaired
water,the permittee must identify impaired waters in the General Location Map,as outlined
in the Stormwater Pollution Prevention Plan (SWPPP),Part B of this permit. The
Department of Environmental Quality- Division of Water Resources integrated reports
(https:IIdeq.nc.gov/about/divisions/water-resources/planning/modelL g--
assessment/water-quality-data-assessment/integrated-report-files) include assessments of
waters monitored in North Carolina. Use the most recent final report to identify impaired
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Permit No.NCG130000
waters.
Until this permit expires or is modified or revoked,the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or a separate storm sewer system which
has been treated and managed in accordance with the terms and conditions of this General
Permit and the requirements of the permittee's COC.
The permittee's COC is hereby incorporated by reference into this General Permit.Any
violation of the COC is a violation of this General Permit and subject to enforcement action
as provided in the General 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 discharges allowed by this General Permit shall not cause or contribute to
violations of Water Quality Standards. Discharges allowed by this permit must meet
applicable wetland standards as outlined in 15A NCAC 213.0230 and.0231 and water
quality certification requirements as outlined in 15A NCAC 21-1.0500.
If industrial activities expand or change after issuance of the COC such that the types of
discharges are affected,the permittee must first contact the Division to determine if
modifications to the COC are necessary.
This permit does not relieve the permittee's responsibility for compliance with any other
applicable federal,state,or local law,rule,standard,ordinance,order,or decree. (i.e.,take
of Endangered Species Act(ESA)-protected species prohibited under section 9 of the ESA).
Other federal Services can provide technical assistance to avoid violation of the ESA section
9.
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Permit No.NCG130000
PART B: STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
The permittee shall develop a Stormwater Pollution Prevention Plan (SWPPP).The SWPPP
shall be maintained on site unless exempted from this requirement by DEMLR.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 made available to the
Director upon request and also shall be sent to the Regional Office upon request.The
SWPPP shall be considered public information in accordance with I-8 of this General Permit.
The SWPPP shall include,at a minimum,the following items:
B-1. Responsible Party
The SWPPP shall identify 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,the name of the municipality
and the ultimate receiving waters;
(c) Any impaired receiving waters,use the most recent final integrated report
(https://deq.nc.govlabout/divisions/water-resources/planning/modeling-
assessment/water-quality-data-assessment/integrated-report-files) to identify impaired
waters;
(d) If the site is in a watershed for which a TMDL has been established,include a list of the
parameter(s) of concern (those exceeding water quality standards).
B-3. Site Map
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 boundary;
(b) Site topography;
(c) Buildings,roads,parking areas and other built-upon areas;
(d) Industrial activity areas (including,but not limited to: vehicle maintenance activities,
waste disposal activities, or equipment,storage of materials, disposal areas,process areas,
loading and unloading areas,and haul roads);
(e) Stormwater discharge outfalls and a table of latitudes and longitudes;
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Permit No.NCG130000
(f) Delineated drainage area for each outfall and a table of impervious percentage for each
drainage area;
(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.
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
Co A list of potential pollutants that could be expected to be present in the stormwater
discharge for 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 H-1.
B-6. Stormwater BMP Summary
The installation and implementation of BMPs shall be based on the assessment of the
potential for sources to contribute significant quantities of pollutants to stormwater
discharges and on data collected through monitoring of stormwater discharges. BMP
Summary shall be reviewed and updated annually.
The BMP Summary shall include:
(a) Written record of the specific rational for installation and implementation of the
selected site BMPs.
(b) Structural and nonstructural practices to minimize the exposure and transport of
materials in stormwater.
(c) BMPs for vehicle maintenance activities.
B-7. 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
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Permit No.NCG130000
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; and
(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-8. 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 SPCC regulation,
the SPCC Plan may be used to support compliance with this requirement.
The Spill Prevention and Response Procedures (SPRP) shall include:
(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) An inventory 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
CO 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-9. Solvent Management Plan
The Solvent Management Plan shall be incorporated as a separate chapter into the
Stormwater Pollution Prevention Plan (SWPPP).
The Solvent Management Plan (SMP) shall include:
(a) an annually updated and quantified inventory of solvents present on site during the
previous three years;
(b) a narrative description of the facility locations and uses of solvents;
(c) the method of disposal,including quantities disposed on-site and off-site; and
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Permit No.NCG130000
(d) the management procedures and engineering measures for assuring that solvents do
not spill or leak into stormwater.
If solvents are not stored or used onsite,the owner must certify that in the SWPPP. DEMLR
may at is discretion require submittal,review,and approval of the SMP. The nermittee shall
include the following signed certification statement on each discharge monitoring report:
"Based upon my inquiry of the person or persons directly responsible for managing
compliance with the permit requirement for managing solvents, I certify that to best of my
knowledge and belief,no leak, spill, or dumping of concentrated solvents into the
stormwater or onto areas which are exposed to rainfall or stormwater runoff has occurred
since filing the last discharge monitoring report. I further certify that this facility is
implementing all provisions of the Solvent Management Plan included in the Stormwater
Pollution Prevention Plan."
B-10. Preventative Maintenance and Good Housekeeping Program
A preventative maintenance and good housekeeping program (PMGHP) shall be developed
and implemented.
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 (January-March,
April-June,July-September, October-December).
(b) A plan for disposing spent lubricants and fuels properly and in accordance with applicable
federal disposal regulations;
(c) A record of inspections,maintenance,and housekeeping activities.
B-11. Employee Training
Employee training shall be developed and provided on an annual basis for facility personnel
responsible for operations that have the potential to contaminate stormwater runoff. The
training shall be documented by the date,signature,and printed or typed name of each
employee trained.
The annual employee training shall include the following topics if applicable to the facility:
(a) General stormwater awareness;
(b) Spill response training;
(c) Used oil management;
(d) Spent solvent management;
(e) Secondary containment releases;
(f) Fueling procedure;
(g) Used battery management.
B-12. Representative Outfall Status
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Permit No.NCG130000
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 (ROS). 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.
If DEMLR has granted ROS,documentation from DEMLR shall be part of the SWPPP. The
permittee shall notify DEMLR of any site or activity modifications that result in a change to
ROS.
B-13. Devices Exempt from Analytical Monitoring
The permittee may request a device be exempted from analytical monitoring based on as-
built plans,Engineer's Certification,design calculations,and approved construction
drawings. Exemption from analytical monitoring is contingent on Regional Office approval.
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,the SWPPP update shall include a review and comparison of sample analytical
data to benchmark values (if applicable) over the past year,including a discussion about
Tiered Response status.The permittee shall use DEMLR's Annual Summary Data Monitoring
Report(DMR) form,available from the Stormwater Permitting Program's website
(https:I ldeq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-stormwater-
912—S)-
B-1S. Notice to Modify the 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.Upon completion of the modifications,the permittee shall provide
certification in writing in accordance with H-1 and H-7 of this permit to the Director that
the changes have been made.
B-16. SWPPP Documentation
Copies of the SWPPP shall be maintained on-site and be available electronically to DEMLR
upon request.These records or copies shall be maintained for a period of at least five years.
This period may be extended by request of the Director at any time [40 CFR 122.41].
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Permit No.NCG130000
PART C: OPERATIONAL REQUIREMENTS
Permitted operations shall be subject to the following operational requirements.
C-1. Operation and Maintenance of Treatment and Control Systems
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
laboratories and/or on-site 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)].
C-2. SCM Clean-Out
When applicable, SCMs must be cleaned out when sediment storage capacity equals or
exceeds SO percent of the design sediment volume or if visible sedimentation is leaving the
property.
C-3. Residuals Management
The residuals generated from treatment facilities must be disposed of in accordance with
applicable standards and in a manner such as to prevent any pollutants from such materials
from entering waters of the state or navigable waters of the United States.
C-4. 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
C-5. Draw Down of Treatment Facilities for Essential Maintenance
The permittee may draw down stormwater treatment facilities if these conditions are met:
(a) Analytical sampling data of the water stored in the treatment facility demonstrates
that the discharge will not exceed benchmarks in this permit. The sampling data
shall be collected no more than 14 calendar days prior to the draw down; and
(b) The drawdown is for essential maintenance to assure efficient operation.
C-6. Bypasses of Stormwater Treatment Facilities
Bypass is prohibited,and DEMLR may take enforcement action against a permittee for
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Permit No.NCG130000
bypass unless the permittee provides engineering evidence that either 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.The permittee shall submit
notices and identify the reason(s) for the bypass as required under C-8 below.
C-7. Upsets
Diversions of stormwater from treatment facilities may be considered as an upset, rather
than a bypass, 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 CC=8 below.
C-8. Required Notice for Bypass or Upset
After a permittee becomes aware of an occurrence that must be reported,the permittee
shall contact the appropriate Division regional office within the timeframes and in
accordance with the requirements listed in Table 1 below. Occurrences outside normal
business hours may also be reported to the Department's Environmental Emergency
Hotline at(800) 858-0368.
Table 1: Bypass and Upset Reporting Requirements
Event Reporting Requirements
[40 CFR 122.41(m)(3)]
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 Upset Oral or electronic notification within 24 hours of the event,
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 b ass.
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Permit No.NCG130000
PART D: 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.
D-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
DEMLR.
(b) Visual inspections shall be performed concurrent with required analytical monitoring.
(c) Visual inspections are not required to be performed outside of the facility's normal
operating hours.
(d) Visual inspections shall be recorded on DEMLR's Stormwater Discharge Outfall
Qualitative Monitoring Report (QMR) form and shall include observations of:
• Color
• Odor
• Clarity
• Floating Solids
• Suspended Solids
• Foam
• Oil Sheen
• Deposition at or immediately below the outfall
• Erosion at or immediately below the outfall,and
• 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.
D-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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Permit No.NCG130000
PART E: ANALYTICAL MONITORING OF STORMWATER DISCHARGES
This part applies to industrial stormwater discharges from covered activities.
E-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 the following
parameters: (Total Suspended Solids,pH,and Chemical Oxygen Demand,). In
addition,grab samples shall be analyzed for Non-Polar Oil&Grease in vehicle or
equipment maintenance areas in which more than 55 gallons of new motor oil
and/or hydraulic oil per month is used when averaged over the calendar year.
(b) In addition to the grab samples,the average monthly usage of new motor and
hydraulic oil used for vehicle maintenance at the facility shall be tracked and
recorded.
(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. A
minimum of thirty(30) days must separate any two sampling events during the
following periods:
• January 1 -March 31
• April 1 -June 30
• July 1 -September 30.
• October 1 -December 31
(e) If the outfall was in Tier Two or Tier Three status under the previous permit,the
permittee shall continue monthly monitoring and reporting requirements at said
outfall until relieved by the provisions of this permit or DEMLR.
(f) Existing facilities previously permitted and renewed under this General Permit will
have a 6 month grace period before analytical monitoring is required. Upon
issuance of this General Permit,renewed COCs will begin monitoring in
Quarter 1 of 2024 (January 1st) and follow the above-mentioned monitoring
schedule.
E-2. Baseline Sampling Benchmarks
(a) Analytic results for each parameter shall be compared to the benchmark values for the
appropriate receiving stream classification as provided in Table 2. An exceedance of a
benchmark value is not a permit violation; however,failure to respond in accordance
with E-2(b) below is a permit violation.
(b) An exceedance of any benchmark value shall require a tiered response for that outfall.
A single exceedance of a benchmark value shall require a Tier One response for that
outfall. Two benchmark value exceedances in a row shall require a Tier Two response
for that outfall. Four benchmark exceedances for a parameter within the five (5) year
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Permit No.NCG130000
permit cycle shall require a Tier Three response for that outfall. For purposes of
benchmark comparison and Tiered response actions,the permittee shall use the
analytical results from the first sample with valid results.
(c) Baseline sampling benchmarks shall be in accordance with Table 2 below
Table 2: Summary of Quarterly Baseline Sampling Requirements
Parameter Code Parameter Receiving Stream Benchmark
Classification(s)1
COS30 Total Suspended Solids (TSS) All,except below 100 mg/L
14 W,ORW,jr,PNA 50 mg/L
400 pH2 Freshwater 6.0-9.0 S.U.
Saltwater 6.8-8.5 S.U.
46529 Total Rainfall of Sampled - -
Event Inches
340 Chemical Oxygen Demand All 120 mg/L
NCOIL Average Monthly Oil Usage at -the Facility (gallons/month)
For vehicle or equipment maintenance areas in which more than 55 Gallons of motor oil
and/or hydraulic oil is used per month.
552 Non-Polar Oil&Grease All 15 mg/L
Per EPA Method 1664 SGT-HEM
1 Defined in Definitions Section
2 Grab samples shall be analyzed for pH within 15 minutes of collection.
E-3. PFAS Monitoring
If notified by the Director,the permittee shall monitor for Emerging Contaminants such as
Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) in accordance with written notification.
For more information about PFAS and other Emerging Contaminants,please visit
deq.nc.govInews/key-issues/emerging-compounds/understanding-pfas.
E-4. Methodology for Collecting Samples
(a) Outfall monitoring efforts shall begin with the first measurable storm event in the
monitoring period that occurs during the facility's normal operating hours.
(b) Sampling is not required to be performed during adverse weather conditions.
(c) Samples collected shall be characteristic of the volume and nature of the permitted
discharge.
(d) Grab samples shall be collected within the first 30 minutes of discharge from an outfall
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Permit No.NCG130000
and continue until all outfalls that are discharging have been sampled.
(e) Outfalls that are not sampled during the first measurable storm event in the monitoring
period shall be sampled during the next measurable storm event in the monitoring
period until a sample has been collected.
(f) If, during the entire monitoring period,there is no discharge from an outfall during any
measurable storm event then the permittee shall:
a. Report"No Discharge"in the DMR,
b. Note"No Discharge"in the SWPPP,and
c. Submit the DMR within 30 days after the end of the monitoring period.
(g) Lack of a discharge from an outfall for the monitoring period shall not constitute failure
to monitor as long as the above permit conditions are met.
(h) If the sampled storm event coincides with a known non-stormwater discharge that is
deemed permitted under 15A NCAC 02 .0106,then this shall be noted on the DMR.
E-5. Locations for Collecting Samples
Samples shall be collected at all stormwater discharge outfalls (SDO) that discharge
stormwater associated with industrial activity. If DEMLR has issued a representative outfall
status approval letter,then the permittee shall collect samples from all SDOs in accordance
with the SDO 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 General Permit shall not be changed without
written notification to and approval by DEMLR [40 CFR 122.41(j)].
E-6. Tier One Response: Single Benchmark Exceedance
The outfall(s)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 or outside the benchmark
range for any parameter at any outfall,then the permittee shall respond in
accordance with Table 3 to identify and address the source of that exceedance for
that parameter.
(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 DEMLR'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 I
response.
(d) If three consecutive samples produce results below benchmark for all parameters,
then the outfall"resets" and exits Tier Relief.
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Permit No.NCG130000
Table 3: Tier One Response for a Benchmark Exceedance
Timeline From
Receipt of Sampling Tier One Required Response/Action
Results
Continuously i. Document the exceedance and each required response/action in
the SWPPP in accordance with E-6(b) above.
Within two weeks ii. Notify DEMLR's Regional Office of the exceedance date and value
via email,in writing,or,when it is developed,an electronic form
created by DEMLR 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.
E-7. Tier Two Response: Two Consecutive Benchmark Exceedances
The outfall(s)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 for the same parameter are above
the benchmark value or outside the benchmark range at an outfall,then the
permittee shall respond in accordance with Table 4 to identify and address the
source of exceedances for that parameter.
(b) After implementing the specific feasible courses of action,perform monthly
monitoring at every outfall where a sampling result exceeded the benchmark value
for two consecutive samples for all parameters until three samples in a row are
below the benchmark value or are inside the benchmark range.
(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 DEMLR's
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) If three consecutive samples produce results below benchmark for all parameters,
then the outfall"resets"and exits Tier Relief.
Table 4: Tier Two Response for Two Consecutive Benchmark Exceedances
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Permit No.NCG130000
Timeline From
Receipt of Sampling Tier Two Required Response/Action
Results
Continuously i. Document the exceedance and each required response/action in
the SWPPP in accordance with E-7(c)above.
Within two weeks ii. Notify DEMLR's Regional Office of the exceedance date and value
via email,in writing,or,when it is developed,an electronic form
created by DEMLR 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.
vii. Implement monthly monitoring at every outfall where a
sampling result exceeded the benchmark value for two
consecutive samples for all parameters until three samples in a
row are below the benchmark value.
E-8. Tier Three Response: Four Benchmark Exceedances Within 5 Years.
The outfall(s)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 or outside the benchmark range at a sampled outfall,
then the permittee shall respond in accordance with Table 5 to identify and address
the source of exceedances for that parameter at that outfall.
(b) An outfall enters Tier Three status when there are 4 exceedances of the same
parameter in a single permit cycle regardless of previous Tiers.
(c) The permittee shall prepare a written Action Plan and submit to DEMLR's Regional
Office for review and approval within thirty(30) days of receipt of the fourth
analytic monitoring data point that exceeds the benchmark value. At a minimum,
the Action Plan shall include:
• documentation of the four benchmark exceedances,
• 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),
• an evaluation of standard operating procedures and good housekeeping
procedures,
• identification of the source(s) of exceedances,
• specific actions that will be taken to remedy the identified source(s) with a
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Permit No.NCG130000
schedule for completing those actions,and
• a monitoring plan to verify that the Action Plan has addressed the source(s).
(d) The permittee shall keep the Action Plan in the SWPPP and document when each
specific action was carried out and by whom.
(e) The permittee shall contact DEMLR's Regional Office when all actions in the Action
Plan are completed.
(f) If three consecutive samples produce results below benchmark for all parameters,
then the outfall"resets" and exits Tier Response.
Table 5: Tier Three Response for Four Benchmark Exceedances Within Five Years
Timeline From
Receipt of Fourth Tier Three Required Response/Action
Sampling Result
Continuously i. Document the exceedances and each required response/action in
the Action Plan in accordance with E-8(c) above.
ii. Continue monthly monitoring for all parameters at the subject
outfall and continue until three samples in a row are below the
benchmark value.
Within two weeks iii. Notify DEMLR's Regional Office of the exceedance date and value
via email,in writing,or,when it is developed,an electronic form
created by DEMLR for reporting exceedances.
iv. Conduct a stormwater management inspection.
v. Identify and evaluate possible causes of the benchmark
exceedance.
Within one month vi. Prepare an Action Plan that should include 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 and submit to
DEMLR's Regional Office for review and approval in accordance
with Part H-14.
Upon DEQ Approval vii. Implement the approved Action Plan.
Upon Completion of viii.Notify DEMLR's Regional Office of Action Plan completion.
Approved Action Plan
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Permit No.NCG130000
PART F: SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)
F-1. Deadlines for Submittal
Unless otherwise informed by the Director,permittees are required to register for eDMR
within 30 days of the Certificate of Coverage 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.Until a permittee is registered
in eDMR,they shall continue to submit DMRs using the DMR Upload Form to upload
scanned DMRs and mail original signed DMRs to the appropriate Regional Office. For COCs
issued between March 1-31,June 1-30, September 1-30 or December 1-31,sampling shall
not commence until the next sampling period following initial issuance of the COC.
F-2. Discharge Monitoring Report(DMR) Forms Submittal
Analytical results within the monitoring period shall be submitted no later than 30 days from
the date the facility receives all the sampling results. Samples analyzed in accordance with
the terms of this General Permit shall be recorded on DMR forms provided by the Director.
DMR forms are available on DEMLR's website (https://deq.nc.gov/about/divisions/energy-
mineral-land-resources/npdes-stormwater-gps.)
F-3. DMR Signature and Certification
DMRs shall be signed and certified by a person meeting the Signatory requirements in H-1.
F-4. Results Below Detection Limits
When results are below detection limit,they shall be reported in the format, "<XX mg/L,"
where XX is the numerical value of the detection limit.
F-5. Occurrences of No Discharge
If no discharge occurs during the sampling period,the permittee must record that in the
facility's monitoring records within 30 days of the end of the sampling period."No
Discharge"shall be reported on the Annual Summary Discharge Monitoring Report(DMR).
F-6. Reports Required if More Frequent Monitoring Has Occurred
Monitoring conducted in addition to permit requirements shall be included in the DMR.The
permittee is encouraged to take more samples than required by the permit during a monitoring
period to help identify potential causes of exceedance(s). When taking additional samples,the
permittee may not use the lowest recorded results for compliance purposes to avoid required
Tier Response actions.Additional sampling is for informational purposes only and will not
result in additional requirements.
F-7. Report Required if Discharging to a Water Not Listed in the COC
The permittee shall request a modification to the COC from DEMLR prior to discharging from a
new stormwater discharge outfall (SDO) to a waterbody that is not listed on the most current
COC.
F-8. Submittal Process before Electronic Discharge Monitoring Reporting(eDMR)
Original,signed DMRs shall be scanned and uploaded to the electronic DMR submittal form,
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Permit No.NCG130000
which can be found by typing"deq.nc.gov/SW-Industrial"into a browser window and hitting
"enter."
Then,the original signed DMRs shall be mailed or otherwise delivered to the appropriate
Regional Office,which is indicated at: https://deq.nc.gov/contact/regional-offices/.
F-9. Qualitative Monitoring Reports
The permittee shall record the required qualitative monitoring observations on the SDO
Qualitative Monitoring Report form provided by DEMLR and shall retain the completed
forms on site. Qualitative monitoring results shall not be submitted to DEMLR, except upon
DEMLR's specific requirement to do so. Qualitative Monitoring Report forms are available
on DEMLR's website (https:IIdeq.nc.gov/about/divisions/energy-mineral-land-
resources/npdes-stormwater-gps). Please note that permittees may use their own forms to
record qualitative monitoring results as long as they include all required items.
F-10. Monitoring Report Retention
Copies of the following reports shall be maintained on-site or be available electronically to
DEMLR upon request.These records or copies shall be maintained for a period of at least 5
years from the date of the sample,measurement,report, or Notice of Intent 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 recordings for continuous monitoring instrumentation,
(c) DMRs and eDMRs or other electronic DMR report submissions,
(d) Qualitative monitoring records,and
(e) Copies of all data used to complete the Notice of Intent to be covered by this General
Permit.
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Permit No.NCG130000
PART G: OTHER OCCURENCES THAT MUST BE REPORTED
After a permittee becomes aware of an occurrence that must be reported,permittee shall contact
the appropriate Division regional office within the tmeframes 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(800) 858-0368.
The reporting requirements are listed in Table 7 below.
Table 7: Other Occurrences that Shall Be Reported
Occurrence Reporting Timeframes(After Discovery) and
Other Requirements
Visible sediment deposition in a (a) Within 24 hours,an oral or electronic notification.
stream or wetland (b) Within 7 calendar days,a report that contains a
description of the sediment and actions taken to address
the cause of the deposition.Division staff may waive the
requirement for a written report on a case-by-case basis.
(c) If the stream is listed as impaired on the DWR Integrated
Report for sediment-related causes,the permittee may be
required to perform additional monitoring,inspections or
apply more stringent practices if staff determine that
additional requirements are needed to assure compliance
with the federal or state impaired-waters conditions.
Oil spills if they are:
• 25 gallons or more,
• less than 25 gallons but cannot (d) Within 24 hours,an oral or electronic notification. The
be cleaned up within 24 hours, notification shall include information about the date,time,
• cause sheen on surface waters nature,volume and location of the spill or release.
(regardless of volume),or
• are within 100 feet of surface
waters(regardless of volume).
Releases of hazardous substances
in excess of reportable quantities
under Section 311 of the Clean (e) Within 24 hours,an oral or electronic notification. The
Water Act Ref:40 CFR 110.3and notification shall include information about the date,time,
40 CFR 117.3) or section 102 of nature,volume and location of the spill or release.
CERCLA(Ref:40 CFR 302.4) or
G.S.143-215.85
Anticipated bypasses [40 CFR (f) A report at least ten days before the date of the bypass,
122.41(m)(3)] if possible. The report shall include an evaluation of the
anticipated quality and effect of the bypass.
Unanticipated bypasses [40 CFR (g) Within 24 hours,an oral or electronic notification.
122.41(m)(3)] (h) Within 7 calendar days,a report that includes an
evaluation of the quality and effect of the bypass.
Noncompliance with the (i) Within 24 hours,an oral or electronic notification.
conditions of this permit that may (j) Within 7 calendar days,a report that contains a
endanger health or the description of the noncompliance,and its causes;the
environment[40 CFR period of noncompliance,including exact dates and times,
122.41(1)(7)] and if the noncompliance has not been corrected,the
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Permit No.NCG130000
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).
(k) Division staff may waive the requirement for a written
report on a case-by-case basis.
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Permit No.NCG130000
PART H: PERMIT ADMINISTRATION
H-1. Signatory Requirements
All applications,reports,or information submitted to the Permitting Issuing Authority shall
be signed and certified [40 CFR 122.41(k)].
(a) All Notices of Intent to be covered under this General Permit shall be signed as follows:
• 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.
• For a partnership or sole proprietorship: by a general partner or the
proprietor,respectively; or
• 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 this General Permit and other information requested by
the Permit Issuing Authority 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 if.
• The authorization is made in writing by a person described above;
• 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
• The written authorization is submitted to the Permit Issuing Authority[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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Permit No.NCG130000
(d) 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.
'7 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 forgathering 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 offines and imprisonmentfor knowing violations."
H-2. General Permit Expiration
General permits will be effective for a term not to exceed five years, at the end of which
DEMLR may renew them after all public notice requirements have been satisfied. If a
general permit is renewed, existing permittees do not need to submit a renewal request or
pay a renewal fee unless directed by DEMLR. New applicants seeking coverage under a
renewed general permit must submit a Notice of Intent(NOI) to be covered and obtain a
Certificate of Coverage under the renewed general permit [15A NCAC 02H .0127(e)].
H-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 General Permit or subject to notification requirements under 40
CFR Part 122.42 (a).
H-4. Transfers
This General 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 Certificate of Coverage, 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(l)(3), 122.61] or state statute.The
permittee is required to notify DEMLR in writing in the event the permitted facility is sold
or closed.
H-5. When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a Certificate
of Coverage issued pursuant to this General Permit to apply for and obtain an individual
permit or an alternative general permit.Any interested person may petition the Director to
take action under this paragraph. Cases where an individual permit may be required
include,but are not limited to,the following:
(a) The discharger is a significant contributor of pollutants;
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Permit No.NCG130000
(b) Conditions at the permitted site change,altering the constituents and/or
characteristics of the discharge such that the discharge no longer qualifies for a
general permit;
(c) The discharge violates the terms or conditions of this General Permit;
(d) A change has occurred in the availability of demonstrated technology or
practices for the control or abatement of pollutants applicable to the point
source;
(e) Effluent limitations are promulgated for the point sources covered by this General Permit;
(f) A water quality management plan containing requirements applicable to such point
sources is approved after the issuance of this General Permit;
(g) The Director determines at his or her own discretion that an individual permit is required.
H-6. When an Individual Permit May be Requested
Any permittee operating under this General Permit may request to be excluded from the
coverage of this General Permit by applying for an individual permit.When an individual
permit is issued to an owner/operator the applicability of this General Permit is
automatically terminated on the effective date of the individual permit.
H-7. General Permit Modification, Revocation and Reissuance,or Termination
The issuance of this General Permit does not prohibit the Permit Issuing Authority from
reopening and modifying the General Permit, revoking and reissuing the General Permit, or
terminating the General Permit as allowed by the laws, rules,and regulations contained in
Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code,Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et
al. After public notice and opportunity for a hearing,the General Permit may be terminated
for cause.The filing of a request for a General Permit modification,revocation and
reissuance, or termination does not stay any General Permit condition.The Certificate of
Coverage shall expire when the General Permit is terminated.
H-8. Certificate of Coverage Actions
Coverage under the General Permit may be modified,revoked and reissued,or terminated
for cause.The notification of planned changes or anticipated noncompliance does not stay
any General Permit condition [40 CFR 122.41(f)].
H-9. Requirement to Report Incorrect Information
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of
Intent to be covered under this General Permit, or submitted incorrect information in that
Notice of Intent application or in any report to the Director, it shall promptly submit such
facts or information [40 CFR 122.41(1)(8)].
H-10. Waivers from Electronic Reporting
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
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Permit No.NCG130000
requirements may be granted and discharge monitoring data may be submitted on paper
DMR forms or alternative forms approved by the Director. See the following paragraph for
information on how to request a waiver from electronic reporting.
The permittee may seek a temporary electronic reporting waiver from DEMLR. To obtain an
electronic reporting waiver,a permittee must first submit an electronic reporting waiver
request to DEMLR. Requests for temporary electronic reporting waivers must be submitted
in writing to DEMLR 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 DEMLR unless the
permittee re-applies for and is granted a new temporary electronic reporting waiver by
DEMLR. Approved electronic reporting waivers are not transferrable. Only permittees with
an approved reporting waiver request may submit monitoring data and reports on paper to
DEMLR 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: https://deq.nc.gov/about/divisionslwater-
resources/edmr
H-11. Annual Fee Requirements
The permittee must pay the annual fee within 30 (thirty) days after being billed by DEMLR.
Failure to pay the fee in timely manner in accordance with 15A NCAC 21-1 .0105(b)(2) may
cause DEMLR to initiate action to revoke coverage under the General Permit.
H-12. 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 General 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 General Permit discharge requirements,then the most sensitive (method
with the lowest possible detection and reporting level) approved method must be used.
H-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 DEMLR. 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-
215.613 or in Section 309 of the Federal Clean Water Act.
H-14. Action Plan Submittal and Approval
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Permit No.NCG130000
Action Plan approval or disapproval shall be issued by DEMLR's Regional Office based on
the reviewers best professional judgement.Approval may be contingent upon a site
inspection and evaluation of the feasibility of the proposed action steps.
Once notified of plan approval,the permittee shall immediately implement and document
all actions taken as part of the approved action plan.
If the permittee is notified that the submitted Action Plan has been disapproved,a revised
action plan shall be submitted to the regional office no later than 30 days of being notified of
plan disapproval. Plan disapproval may be communicated through mail,phone,or
electronically. If implementation of an approved Action Plan does not result in adequate
improvement of monitoring results of the proceeding 12-month period,a revised Action
Plan shall be submitted for review and approval.
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Permit No.NCG130000
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) Existing Facilities already operating but applying for permit coverage for the first
time:The Stormwater Pollution Prevention Plan shall be developed and
implemented within 12 months of the effective date of the Certificate of Coverage
and updated thereafter on an annual basis. Secondary containment,as specified in
Part B-7 of this General Permit,shall be accomplished within 12 months of the
effective date of the issuance of the Certificate of Coverage.
(b) New Facilities applying for coverage for the first time:The Stormwater Pollution
Prevention Plan shall be developed and implemented prior to the beginning of
discharges from the operation of the industrial activity and be updated thereafter
on an annual basis.Secondary containment,as specified in Part B-7 of this General
Permit shall be accomplished prior to the beginning of discharges from the
operation of the industrial activity.
(c) Existing facilities previously permitted and applying for renewal under this
General Permit: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 the Certificate of Coverage. 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 General
Permit and updated thereafter on an annual basis. Secondary containment,as
specified in Part B of this General Permit shall be accomplished prior to the
beginning of discharges from the operation of the industrial activity.
I-2. Duty to Comply
The permittee must comply with all conditions of this General Permit.Any permit
noncompliance constitutes a violation of the Clean Water Act(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 General 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$37,500 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
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Permit No.NCG130000
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$100,000 per day of violation,or imprisonment of not
more than 6 years,or both [33 USC 1319(c)(2) and 40 CFR122.41(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$16,000 per violation,with the maximum amount of any Class I penalty
assessed not to exceed$37,500. Penalties for Class 11 violations are not to exceed
$16,000 per day for each day during which the violation continues,with the
maximum amount of any Class II penalty not to exceed$177,500. [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 General 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 C-6 of this General Permit regarding bypassing of stormwater
control facilities,nothing in this permit shall be construed to relieve the nermittee from any
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Permit No.NCG130000
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 General Permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities,liabilities,or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq.or Section 311 of the
Federal Act. 33 USC 1321.
I-6. Property Rights
The issuance of this General Permit does not convey any property rights in either real or
personal property,or any exclusive privileges,nor does it authorize any injury to private
property or any invasion of personal rights,nor any infringement of Federal,State, or local
laws or regulations [40 CFR 122.41(g)].
I-7. Severability
The provisions of this General Permit are severable,and if any provision of this General
Permit,or the application of any provision of this General Permit to any circumstances,is
held invalid,the application of such provision to other circumstances,and the remainder of
this General Permit,shall not be affected thereby [NCGS 15013-23].
I-8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any
information which the Permit Issuing Authority may request to determine whether cause
exists for modifying,revoking and reissuing, or terminating the General Permit issued
pursuant to this General Permit or to determine compliance with this General Permit.The
permittee shall also furnish to the Permit Issuing Authority upon request,copies of records
required to be kept by this General Permit [40 CFR 122.41(h)].
1-9. 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
General Permit shall,upon conviction,be punished by a fine of not more than$10,000 per
violation,or by imprisonment for not more than two years per violation,or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph,punishment is a fine of not more than$20,000 per day of violation,or
by imprisonment of not more than 4 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 General Permit,including monitoring reports or reports of
compliance or noncompliance shall,upon conviction,be punished by a fine of not more than
$10,000 per violation,or by imprisonment for not more than two years per violation,or by
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Permit No.NCG130000
both [40 CFR 122.41].
I-11. Onshore or Offshore Construction
This General 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
Permittees covered by this General Permit need not submit a new Notice of Intent(NOI) nor
renewal request unless so directed by DEMLR.If DEMLR chooses not to renew this General
Permit,the permittee will be notified to submit an application for an individual permit [15A
NCAC 02H.0127(e)].
I-13. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director),or in the case of a facility
which discharges through a municipal separate storm sewer system,an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge,upon the presentation of credentials and other documents as may be required by
law,to:
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted,or where records must be kept under the conditions of this General
Permit;
(b) Have access to and copy,at reasonable times,any records that must be kept under
the conditions of this General Permit;
(c) Inspect at reasonable times any facilities,equipment(including monitoring and
control equipment),practices,or operations regulated or required under this
General Permit;and
(d) Sample or monitor at reasonable times,for the purposes of assuring 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 General Permit[40 CFR 122.41(c)].
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Permit No.NCG130000
PART J: DEFINITIONS
Additional definitions for the NPDES Program may be found in federal rule at 40 CFR Part 122.2
Act
See Clean Water Act.
Adverse Weather
Weather 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 your
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 General Permit regulates stormwater discharges.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,irrigation waters, flows from riparian
habitats and wetlands.
(c) Discharges resulting from fire-fighting or, or emergency shower oreye 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 at: https://www.epa.gov/npdes/national-menu-best-management-
practices-bmps-stormwater#edu.
Bulk Storage for Liquid Materials
Liquid raw materials,in-process liquids and reactants, manufactured products,waste
materials or by-products contained in a single above ground container,tank,or vessel
having a capacity of greater than 660 gallons or contained in multiple above ground
containers,tanks,or vessels having a total combined capacity of greater than 1,320 gallons.
Bypass
The known diversion of stormwater from any portion of a control facility including the
collection system, or the diversion of waste streams from any portion of a treatment facility
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Permit No.NCG130000
including the collection system,which is not a designed or established operating mode for
the facility.
Certificate of Coverage(COC)
The cover sheet which accompanies a general permit upon issuance and lists the facility
name,location,receiving stream,river basin, effective date of coverage under the general
permit and is signed by the Director.
Clean Water Act
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA), as
amended, 33 USC 1251,et. seq.
Division
The Division of Energy, Mineral,and Land Resources, Department of Environmental Quality
(DEQ), formerly the Department of Environment and Natural Resources.
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
(analytically or qualitatively) should 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 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:
1.WS-I,
2.WS-II,
3. SA (commercial shellfish),
4. ORW,
5. Primary Nursery Areas and other functional nursery areas designated by Marine Fisheries
Commission,or
6.Waters for which DWQ has received a petition for reclassification to either WS-I or WS-II.
(15A NCAC 02B .0200)
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Permit No.NCG130000
Impaired Water
A water that has one or more parameters (biological and/or chemical) that exceed water
quality standards.
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 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 DEMLR's Regional Office.Two copies of this information and a written request letter
shall be sent to DEMLR's Regional Office.After authorization by DEMLR's Regional Office, a
written approval letter must be kept on site in the permittee's SWPPP.
Note:If a constant non-stormwater discharge is present at anygiven outfall, the above storm
interval requirement may not apply.
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. DEMLR's Regional
Office 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).
Notice of In tent(NOI)
The state application form which,when submitted to DEMLR,officially indicates the
facility's notice of intent to seek coverage under a general permit.
Outstanding Resource Water(ORW)
Supplemental 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 DWQ,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).
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Permit No.NCG130000
All ORWs are HQW by supplemental classification.
(15A NCAC 0213 .0200)
Permit Issuing Authority
The Director of the Division of Energy, Mineral,and Land Resources (see"Director" above).
Permittee
The owner or operator issued a Certificate of Coverage pursuant to this General Permit.
Point Source Discharge of Stormwater
Any discernible,confined and discrete conveyance including,but not specifically limited to,
any pipe, ditch,channel,conduit,well,or discrete fissure from which stormwater is or may
be discharged to waters of the State.
Primary Nursery Area(PNA)
Tidal saltwaters which provide essential habitat for the early development of commercially
important fish and shellfish and are so designated by the Marine Fisheries Commission.
(15A NCAC 0213 .0200)
Representative Outfall Status(ROS)
When it is established that the discharge of stormwater runoff from a single outfall is
representative of the discharges at multiple outfalls, DEMLR's Regional Office may grant
representative outfall status. ROS allows the permiteee to perform analytical monitoring at a
reduced number ofoutfalls.
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(EPCRA) of 1986;
(b) Is present at or above threshold levels at a facility subject to SARA title 111,Section 313
reporting requirements; and
(c) Meets at least one of the following criteria:
• 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);
• Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
• Is a pollutant for which EPA has published acute or chronic water quality criteria.
Severe Property Damage
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Permit No.NCG130000
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 110.3 and 40
CFR 117.3) or section 102 of CERCLA(Ref: 40 CFR 302.4).
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 to mimic the
natural hydrologic cycle by promoting infiltration,evapo-transpiration,post-filtration
discharge,reuse of stormwater, or a combination thereof.
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.
Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
Storm water 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.
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Permit No.NCG130000
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 at https://deq.nc.gov/about/divisions/water-
resources/planning/modeling-assessment/tmdls.
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Trout(waters)
Supplemental 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 N.C.Wildlife Resources
Commission's Designated Public Mountain Trout Waters (15A NCAC 02B .0200).
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,washing,sanding, painting,fueling,lubrication,
vehicle cleaning operations, or airport deicing operations.All cleaning operations shall be
performed,where feasible,indoors where there is a connection to the sanitary sewer
system or where wash water can be collected and properly treated,recycled,or otherwise
disposed of.
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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