NCS000076_Permit (Issuance)_20230614

ROY COOPER _ c>
Governor
ELIZABETH S.BISER
Secretary *` w savma
DOUGLAS R.ANSEL NORTH CAROLINA
lnterlm Director Environmental Qualify
June 14, 2023
William R. Lopatka, Plant Manager
Corning, Incorporated
310 North College Road
Wilmington,NC 28405
Subject: Issued NPDES Stormwater Permit
NPDES Permit NCS000076
Wilmington Fiber Optic Facility
New Hanover County
Dear Permittee:
Division personnel have reviewed and approved your application for renewal of the subject
permit. Accordingly, we are forwarding the attached NPDES permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum
of Agreement between North Carolina and the U.S. Environmental Protection Agency dated
October 15, 2007 (or as subsequently amended).
The final permit contains the following changes to the draft permit:
1. The facility location map has been updated based on comments submitted by the
permittee.
The final permit maintains the following significant changes from the previous permit:
1. Monitoring increased from semi-annually to quarterly for all parameters (qualitative and
quantitative).
2. Units of measure for several benchmarks have been changed from mg/L to µg/L.
3. "No discharge" clarifications were made.
4. eDMR reporting requirement was added.
5. Feasibility study has been removed.
6. Boilerplate language has been moved into the body of the permit. There is no longer a
boilerplate attachment to the permit.
7. Outfall specific monitoring has been implemented.
8. Monitoring for biochemical oxygen demand (BOD) and chemical oxygen demand (COD)
have been added due to the presence of manufacturing equipment and cooling towers in
the drainage areas.
DE Q North Carolina Department of Environmental Quality I Division of Energy,Mineral and land Resources
_ W North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612
919.707.9200

9. Stormwater benchmarks are not permit limits, but rather guidelines for implementing the
Stormwater Pollution Prevention Plan(SWPPP). A benchmark exceedance is not a
permit violation; however, the permittee must respond to exceedances as directed in the
Tiers.
If you wish to request new or maintain current representative outfall status (ROS), please fill out
the ROS form on our website (available at https://deq.ne.gov/media/9720/download) and submit
the form as directed. Requests for tier relief should be submitted to the DEMLR Wilmington
Regional Office in separate correspondence.
Please note that quantitative and qualitative monitoring is required in this permit. Failure to
complete the monitoring as required is a violation of the permit and any permit noncompliance
constitutes a violation of the Clean Water Act. Tracking should be kept for any equipment that
utilizes motor oil and hydraulic oil, and the permit reference to 55-gallon usage is meant for the
entire site, not just within a specific drainage area.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-
6714). Unless such demand is made,this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the permit. This permit does not affect
the legal requirements to obtain other permits which may be required by the Division of Energy,
Mineral, and Land Resource or any other Federal, State, or Local governmental regulations.
If you have any questions or comments concerning this permit, please contact Brianna Young at
919-707-3647or via at email at [e-mail].
Sincerely,
for Douglas R. Ansel, Interim Director
Division of Energy, Mineral, and Land Resources
Attachments: NPDES Stormwater Permit NCS000076
cc: NPDES Stormwater Program Files(Laserfiche)
Wilmington Regional Office
Carol Yates, Environmental Control Supervisor, Corning Optical Communications
Thomas Dinkins, Corning, Inc.

Permit NCS000076
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
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,
Corning Incorporated
is hereby authorized to discharge stormwater from a facility located at:
Wilmington Fiber Optic Facility
310 North College Road
Wilmington,NC
New Hanover County
to receiving waters designated as Spring Branch, a Class C; Sw stream, in the White Oak River Basin, in
accordance with the discharge limitations, monitoring requirements, and other conditions set forth in
Parts A through J hereof.
This permit shall become effective July 1, 2023.
This permit and the authorization to discharge shall expire at midnight on June 30,2028.
Signed this day June 14, 2023.
.for Douglas R. Ansel, InteriiKi Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Page 1 of 35

Permit NCS000076
TABLE OF CONTENTS
PART A: INDIVIDUAL PERMIT COVERAGE
PART B: STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
B-1. Responsible Party
B-2. General Location Map
B-3. Site Map
B-4. Narrative Description of Industrial Processes
B-5. Evaluation of Stormwater Outfalls
B-6. Narrative Description of Stormwater SCMsBMPs
B-7. Facility Inspections
B-8. Secondary Containment Plan
B-9. Spill Prevention and Response Procedures
B-10. Preventative Maintenance and Good Housekeeping Program
B-11. Employee Training
B-12. Representative Outfall Status
B-13. Annual SWPPP Review and Update
B-14. Annual On-Line SWPPP Certification when Available
B-15. Notice to Modify SWPPP
B-16. SWPPP Documentation
PART C: QUALITATIVE MONITORING OF STORMWATER DISCHARGES
C-1. Visual Inspections
C-2. Qualitative Monitoring Response
PART D: ANALYTICAL MONITORING REQUIREMENTS
D-1. Required Baseline Sampling
D-2. Baseline Sampling Benchmarks
D-3. Methodology for Collecting Samples
D-4. Locations for Collecting Samples
D-5. Tier One Response: Single Benchmark Exceedance
D-6. Tier Two Response: Two Consecutive Benchmark Exceedances
D-7. Tier Three Response: Four Benchmark Exceedances Within 5 Years
PART E: SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)
E-1. Deadlines for Submittal of Discharge Monitoring Reports
E-2. Electronic Discharge Monitoring Reporting (eDMR)Process
E-3. Occurrences of No Discharge
E-4. Reports if More Frequent Monitoring Has Occurred
E-5. Report if Begin Discharging to a New Stormwater Discharge Outfall
E-6. Qualitative Monitoring Reports
E-7. Monitoring Report Retention
E-8. Waivers from Electronic Reporting
PART F: OTHER OCCURENCES THAT MUST BE REPORTED
PART G: PERMIT ADMINISTRATION
G-1. Signatory Requirements
G-2. Permit Expiration
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Permit NCS000076
G-3. Planned Changes
G-4. Transfers
G-5. Sale or Closure
G-6. Permit Modification, Revocation and Reissuance, or Termination
G-7. Anticipated Noncompliance
G-8. Requirement to Report Incorrect Information
G-9. Annual Administering and Compliance Monitoring Fee Requirements
G-10. Flow Measurements
G-11. Test Procedures
G-12. Representative Outfall
G-13. Availability of Reports
G-14. Permit Actions
G-15. Recording Results
PART H: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
H-1. Proper Operation and Maintenance
H-2. Corrective Actions
H-3. Draw Down of Treatment Facilities for Essential Maintenance
H-4. Bypasses of Stormwater Control Facilities
H-5. Upsets
H-6. Required Notice for Bypass or Upset
PART I: COMPLIANCE AND LIABILITY
I-1. Compliance Schedule
I-2. Duty to Comply
I-3. Duty to Mitigate
I-4. Civil and Criminal Liability
I-5. Oil and Hazardous Substance Liability
I-6. Property Rights
I-7. Severability
I-8. Duty to Provide Information
I-9. Penalties for Tampering
I-10. Penalties for Falsification of Reports
I-11. Onshore or Offshore Construction
I-12. Duty to Reapply
I-13. Inspection and Entry
I-14. Need to Halt or Reduce Not a Defense
PART J: DEFINITIONS
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Permit NCS000076
PART A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the permittee
is authorized to discharge stormwater associated with industrial activity. Such discharges shall be
controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR
§122.26(g), the facility may qualify for a No Exposure Certification from NPDES stormwater discharge
permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must:
(a) Submit a No Exposure Certification application form to the Division of Energy, Mineral and
Land Resources (Division),
(b) Receive approval from the Division,
(c) Maintain no exposure conditions unless authorized to discharge under a valid NPDES
stormwater permit, and
(d) Recertify the No Exposure Certification annually.
Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater
to the surface waters of North Carolina or separate storm sewer system that has been adequately treated
and managed in accordance with the terms and conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an allowable
non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater
discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other applicable
federal, state, or local law, rule, standard, ordinance, order,judgment, or decree.
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Permit NCS000076
PART B: STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
The permittee shall develop and implement a Stormwater Pollution Prevention Plan(SWPPP). The
SWPPP shall be maintained on site unless exempted from this requirement by the Division. The
permittee shall implement the SWPPP and all Best Management Practices (BMPs) consistent with the
provisions of this permit, to control contaminants entering surface waters. These items shall exist for the
duration of the permit term and be made available to the Director upon request, and shall also be sent to
the Wilmington 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-I. Responsible Party
The SWPPP shall identify (a) specific position(s) responsible for the overall coordination, development,
implementation, and revision of the SWPPP. Responsibilities for all components of the SWPPP shall be
documented and position assignments provided.
B-2. General Location Man
The General Location Map shall be a USGS quadrangle map or appropriately drafted equivalent map
that includes:
(a) The facility's location in relation to transportation routes and surface waters;
(b) The name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is
to a Municipal Separate Storm Sewer System (MS4), the name of the municipality and the
ultimate receiving waters; and
(c) Any receiving waters that exceed criteria for one or more parameters or if the site is located in a
watershed for which a Total Maximum Daily Load (TMDL) has been established and, if so, a list
of the parameter(s) of concern.
B-3. Site 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/permit boundary;
(b) Site topography and finished grade;
(c) Buildings, roads, parking areas and other built-upon areas;
(d) Industrial activity areas (including: fueling, vehicle maintenance and repair, washing of materials
or equipment, storage of materials, disposal areas,process areas, loading and unloading areas, and
haul roads);
(e) A table of stormwater discharge outfalls and their latitudes and longitudes;
(f) Drainage area for each outfall with an estimation of impervious area percentage;
(g) Stormwater Control Measures SCMs
(h) All stormwater collection/drainage features, structures and direction of flow;
(i) On-site and adjacent surface waters and wetlands; and
(j} A graphic scale and north arrow.
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Permit NCS000076
Location Map:
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Latitude: 34' 15' 09" N
Longitude: 77' 52' 10"W
County: New Hanover Approximate Facility
Receiving Stream: Spring Branch Location
Stream Class: C; Sw C{fott/i NCS000076
Sub-basin: 03-06-23 (White Oak River Basin) Wilmington Fiber Optic
Facility
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Permit NCS000076
B-4. Narrative Descri tion of Industrial Processes
The narrative description shall include:
(a) Storage practices;
(b) Loading and unloading activities;
(c) Outdoor process areas;
(d) Dust or particulate generating and control processes;
(e) Waste disposal practices; and
(f) A list of the potential pollutants that could be expected to be present in the stormwater discharge
from each outfall.
B-5. Evaluation of Stormwater Outfails
On an annual basis, the permittee shall evaluate all stormwater outfalls for the presence of non-
stormwater discharges. If non-stormwater discharges are present, the permittee shall identify the source
and record whether the discharge is otherwise permitted by rule or a different permit. The permittee
shall evaluate the environmental significance of the non-stormwater discharges and include a summary
written record and certification statement. The certification statement and summary written record shall
be retained with the SWPPP and shall be dated and signed in accordance with the requirements found in
Part G=1 of this permit.
B-6. Narrative Description of Stormwater SCMs/BMPs
A narrative description of structural Stormwater Control Measures S{ CMs) and non-structural Best
Management_Practices (BMPs) on site shall be provided. Appropriate SCMsBMPs 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 SCMsBMPs 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 SCMsBMPs shall include:
(a) A written record of the specific rationale for installation and implementation of the selected site
SCMs and/or BMPs; and
(b) BMPs for vehicle maintenance activities.
B-7. Facility Inspections
Inspections of the facility and all stormwater systems shall occur as part of the Preventative
Maintenance and Good Housekeeping Program at a minimum on a quarterly schedule,with at least 30
days separating inspection dates (unless performed more frequently than quarterly). These facility
inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at
the outfalls required in Parts C and D of this permit.
B-S. 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
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Permit NCS000076
water priority chemicals listed in Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA); and storage of hazardous substances in any amount.
For facilities subject to the federal Spill Prevention, Control, and Countermeasure (SPCC) regulation,
the SPCC Plan may be used to support compliance with this requirement.
The Secondary Containment Plan shall include:
(a) A table or summary of tanks and stored materials equipped with secondary containment systems;
(b) Manually activated valves or other similar devices that are securely closed with a locking
mechanism if the secondary containment devices are connected to stormwater conveyance system;
(c) A commitment to visually observe any accumulated stormwater prior to release for color, foam,
outfall staining, visible sheens, and dry weather flow. Accumulated stormwater may be released if
found to be uncontaminated by any material. Accumulated stormwater found to be contaminated
shall not be released from the containment area;
(d) Records on every release from a secondary containment system that include: the individual
making the observation, a description of the accumulated stormwater, and the date and time of the
release. These records shall be kept for a period of five (5)years.
B-9. 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-10. 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 dischar a 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
Page 8 of 35

Permit NCS000076
and unloading areas, and haul roads), all drainage features and structures, and existing structural SCMs
and non-structural BMPs.
The PMGHP shall include:
(a) A schedule of inspections, maintenance and housekeeping measures for industrial activity areas
including, at a minimum, all material storage and handling areas, disposal areas, process areas,
loading and unloading areas, haul roads, and vehicle maintenance areas. Inspections shall occur at
a minimum on a quarterly schedule. A minimum of thirty (30) days must separate each
inspection:
i. Period 1: January 1 —March 31
ii. Period 2: April 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-11. 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-12. 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-13. 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:
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Permit NCS000076
(a) An updated list of significant spills or leaks of pollutants for the previous three (3)years, or the
notation that no spills have occurred;
(b) A written certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges;
(c) A documented re-evaluation of the effectiveness of the on-site SCMs and BMPs in minimizing
the contamination of stormwater runoff, including a summarization of all SCM inspections
conducted throughout the year preceding the annual update;
(d) A statement that annual training requirements were met in the past year; and
(e) A review and comparison of sample analytical data to benchmark values (if applicable) over the
past year, including an evaluation of Tiered Response status. The permittee shall use DEMLR's
Annual Summary Discharge Monitoring Report (DMR) form, available from the Stormwater
Permitting Program's website https:Hdeg.nc.gov/about/divi sions/ener -mineral-and-land-
resources/stormwater/stormwater- ro ram/n des-industrial- ro ram/individual-industrial-
permits. This form should be kept with the SWPPP and does not need to be submitted to the
Division.
B-14. 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.
13-15. Notice to Modifv SWPPP
The Director may notify the permittee when the SWPPP does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to
the Director for modifying the SWPPP to meet minimum requirements. The permittee shall provide
certification in writing (in accordance with Part G-1 of this permit)to the Director that the changes have
been made.
B-16. SWPPP Documentation
Documentation of all monitoring, measurements, inspections, maintenance activities, and training
provided to employees, including the log of the sampling data and of actions taken to implement SCMs
and BMPs associated with the industrial activities, including vehicle maintenance activities. Such
documentation shall be kept on-site for a period of five (5) years and made available to the Division
immediately upon request.
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Permit NCS000076
.PART C: QUALITATIVE MONITORING OF STORMWATER DISCHARGES
The purpose of qualitative monitoring is to implement a quick and inexpensive way to evaluate the
effectiveness of the permittee's SWPPP, to identify the potential for new sources of stormwater
pollution, and to prompt the permittee's response to pollution.
C-1. Visual Inspections
(a) Visual inspections shall be made at each stormwater discharge outfall (SDO) that discharges
stormwater associated with industrial activity unless representative outfall status specifically for
visual monitoring has been approved in writing by the Division.
(b) Visual inspections shall be performed concurrent with required analytical monitoring on a
quarterly basis. Note: These monitoring requirements will increase to a monthly basis when
responding to Tier Two status.
(c) Visual inspections are not required to be performed outside of the facility's normal operating
hours.
(d) Visual inspections shall be recorded on the Division's Stormwater Discharge Outfall Qualitative
Monitoring Report(QMR) form and shall include observations of:
i. Color;
ii. Odor;
III. Clarity;
iv. Floating Solids;
V. Suspended Solids;
vi. Foam;
vii. Oil Sheen;
viii. Deposition at or immediately below the outfall;
ix. Erosion at or immediately below the outfall; and
X. Other obvious indicators of stormwater pollution.
(e) Inability to perform inspections because of adverse weather or lack of discharge during the
monitoring period shall not constitute a failure to monitor if the event is documented in the
SWPPP and recorded on the Qualitative Monitoring Report.
C-Z. 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 NCS000076
PART D: ANALYTICAL MONITORING REQUIREMENTS
This part applies to industrial stormwater discharges of stormwater-only flows from drainage areas
where industrial activities are performed.
D-1. Required Baseline Sampling
The permittee shall perform baseline sampling of all stormwater discharge outfalls
and/or authorized representative discharge outfalls in accordance with this part.
(a) Grab samples shall be collected, analyzed, and reported for all the parameters listed in Table 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 I —June 30
iii. Period 3: July 1 —September 30
iv. Period 4: October 1 —December 31
(e) If the facility was in Tier Two or Tier Three status under the previous permit, the facility shall
continue monthly monitoring and reporting requirements until relieved by the provisions of this
permit or the Division.
D-2. Baseline Sampling Benchmarks
(a) Analytical results for each parameter shall be compared to the benchmark values for the
appropriate receiving stream classification as provided in Table 1. An exceedance of a benchmark
value is not a permit violation; however, failure to respond in accordance with part D-2(b) of this
permit is a permit violation.
(b) An exceedance of any benchmark value in Table 1 shall require a tiered response for that
parameter. A single exceedance of a benchmark value shall require a Tier One response for that
parameter. Two benchmark value exceedances in a row shall require a Tier Two response for that
parameter. Four benchmark exceedances for a parameter within a five (5) year period shall
require a Tier Three response for that parameter.
(c) Baseline sampling benchmarks shall be in accordance with Table 1 below.
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Permit NCS000076
Table 1. Summary of Quarterly Baseline Sampling Requirements for Stormwater Discharges for
®utfalls SWO03, SWO04, SWOOS and SWO08
Pamme�ter Cod fa --- ^P M. 1ne>ter Frequent- _Benchmark
Reporfauug
C0530 Total Suspended Solids(TSS) Quarterly 100 mg/L
00400 pH Z Quarterly 6 s.u.—9 s.u.
46529 Total Rainfall of Sampled Event -
(inches)3
Non-Polar Oil&Grease for drainage
00552 areas that use>55 gallons/month of Quarterly 15 mg/L
oil on average per EPA Method 1664
(SGT-HEM)
NCOIL Estimated Average Monthly Oil - -
Usage at the Facility(gallons)
C0310 Biochemical Oxygen Demand Quarterly 30 mg/L
(BOD5)
00340 Chemical Oxygen Demand(COD) Quarterly 120 mg/L
Footnotes:
l. Measurement frequency: Quarterly during a measurable storm event. If the facility is monitoring monthly
due to Tier Two or Tier Three response actions,the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relief is granted.
2. If pH values outside this range are recorded in sampled stormwater discharges, but ambient precipitation
pH levels are lower,then the lower threshold of this benchmark range is the pH of the precipitation
(within instrument accuracy) instead of 6 s.u.. Readings from an on-site or local rain gauge(or local
precipitation data)must be documented to demonstrate background concentrations were below the
benchmark pH range.
3. For each sampled measurable storm event,the total precipitation must be recorded.An on-site rain gauge
is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading
may be substitute for an on-site reading.
• Outfall SWO03: Drainage area consists of manufacturing assets and a stormwater retention pond.
• Outfall SWO04: Drainage area consists of manufacturing building and office building.
• Outfall SWO05: Drainage area consists of grassy area, an office building, and a stormwater
retention pond.
• Outfall SWO08: Drainage area consists of manufacturing support equipment, pollution abatement
equipment, cooling towers, and a stormwater pond.
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Permit NCS000076
Additional Outfalls
Outfalls 001, 002, and 001 SCC are covered under NPDES wastewater permit NC0003794. Additional
drainage areas onsite do not have industrial activity or direct discharge from the site. Any modifications
to these outfalls that result in a potential stormwater discharge associated with past or present
industrial activities will require a modification of this permit.
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_
D-3. Methodology for Collecting Samr!les
(a) Outfall monitoring efforts shall begin with the first measurable storm event that occurs during the
facility's normal operating hours and begins at least 72 hours after the previous measurable storm
event.
(b) Grab samples shall be collected within the first 30 minutes of discharge. If physical separation
between outfalls prevents collecting samples from all outfalls within the first 30 minutes of
discharge, then the permittee may continue collecting samples until all outfalls that are
discharging have been sampled.
(c) Outfalls that are not discharging during or after the first measurable storm event shall be sampled
during the next measurable storm event, until a sample has been collected from every outfall.
(d) If, during an entire monitoring period, there is no discharge from an outfall during any measurable
storm event that occurs during the facility's normal operating hours and begins at least 72 hours
after the previous measurable storm event,then the permittee shall report "No Discharge" in the
DMR and shall record "No Discharge" in the SWPPP. In this case,the DMR shall be submitted
within 30 days after the end of the monitoring period. Lack of a discharge from an outfall for the
monitoring period shall not constitute failure to monitor as long as this condition is met.
(e) Sampling is not required to be performed outside of the facility's normal operating hours or
during adverse weather conditions.
(f) Samples collected shall be characteristic of the volume and nature of the permitted discharge.
(g) If the sampled storm event coincides with a known non-stormwater discharge that is deemed
permitted under 15A NCAC 02H .0106, then this shall be noted on the stormwater discharge
monitoring report.
D-4. Locations for Collecting Samples
Samples shall be collected at all stormwater discharge outfalls (SDOs)that discharge stormwater
associated with industrial activity. If the Division has issued a representative outfall status (ROS)
approval letter, then the permittee shall collect samples from all SDOs in accordance with the ROS
approval letter.
(a) All samples shall be taken before the discharge joins or is diluted by any other waste stream, body
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Permit NCS000076
of water, or substance.
(b) Monitoring points as specified in this permit shall not be changed without written notification to
and approval by the Division [40 CFR 122.410)],
D-5. Tier One Response: Single Benchmark Exceedance
The 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 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 Wilmington 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 'frier One Required Response/Action
of.Sazn ling Results �
Continuously i. Document the exceedance and each required response/action in
the SWPPP in accordance with Part D-5 of the permit.
Within two weeks ii. Notify the Division's Wilmington Regional Office of the
exceedance date and value via email or, when it is developed, an
electronic form created by the Division for reporting exceedances.
iii.Conduct a stormwater management inspection.
iv.Identify and evaluate possible causes of the benchmark
exceedance.
Within one month v. Select specific, feasible courses of action to reduce concentrations
of the parameter(s) of concern including, but not limited to,
source controls, operational controls, or physical improvements.
Within two months vi.Implement the selected feasible actions.
D-6. Tier Two Response: Two Consecutive Benchmark Exce_e_dances
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 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 S WPPP as each action occurs including;the
dates and values of the benchmark exceedances, the date the Division's Wilmington Regional
Office was notified of the consecutive exceedances,the inspection date, the personnel conducting
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Permit NCS000076
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 fro nY Receipt of
Sampling results 'Fier Two :Rea uireri ResponselAction
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 Wilmington Regional Office in writing of
the exceedance date and value.
iv. Conduct a stormwater management inspection.
v. Identify and evaluate possible causes of the benchmark
exceedance.
Within one month vi. Select specific, feasible courses of action to reduce
concentrations of the parameter(s) of concern including, but not
limited to, source controls, operational controls, or physical
improvements.
D-7. Tier Three Response: Four Benchmark Exceedances Within 5 Years
The 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 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 Wilmington
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-L (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
conducting the inspection);
iii. an evaluation of standard operating procedures and good housekeeping procedures;
iv. identification of the source(s) of exceedances;
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Permit NCS000076
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 Wilmington Regional Office when all actions in the
Action Plan are completed.
(e) The Division may, but is not limited to, require the permittee to:
i. Revise, increase, or decrease the monitoring and reporting frequency for some or all of
the parameters herein;
ii. Perform additional sampling or sample for substitute parameters;
iii. Install structural stormwater control measures;
iv. Implement other stormwater control measures;
V. Perform upstream and downstream monitoring to characterize impacts on receiving
waters;
vi. Implement site modifications to qualify for a No Exposure Exclusion; and/or
vii. Continue Tier Three obligations through the permit renewal process.
(f) The Tier Three response shall be in accordance with Table 4 below.
Table 4: Tier Three Res onse for Four Benchmark Exceedances Within Five fears
Timeline from. Receipt of 1 Tier Three Required Response/Action
Fourth Sarnpfij�g.Result
ContinuousIv 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 Wilmington 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
Wilmington Regional Office for review and approval.
Upon DEQ Approval vii.Implement the approved Action Plan.
Upon Completion of viii. Notify the Division's Wilmington Regional Office of Action
Approved Action Plan Plan completion.
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Permit NCS000076
PART E: SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)
E-I. Deadlines for Submittal of Discharge Monitoring.Renorts
Discharge Monitoring Reports (DMRs) shall be submitted in accordance with Table S below. For
permits 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 permit.
Table 5: ReRorting Requirements
Monitoring Period Deadline
January 1 —March 30 April 30
April 1 —June 30 July 30
July 1 — September 30 October 30
October 1 —December 31 January 30
E-2. Electronic Discharge Monitoring Reporting (eDMR) Process
Unless otherwise informed by the Director, permittees shall register for eDMR within 30 days of the
permit issuance date. Permittees shall follow the guidelines for submitting data that are set forth in the
Stormwater eDMR User Manual, available on the Division's website at deq.nc.gov/SW-eDMR.
E-3. Occurrences of No Discharge
If no discharge occurs during the sampling period,the permittee must record within 30 days of the end
of the sampling period in the facility's monitoring records in accordance with the guidelines for
submitting data that are set forth in the Stormwater eDMR User Manual, available on the Division's
website at deq.nc.gov/SW-eDMR.
E-4. Reports if More Frequent Monitoring Has Occurred
If the permittee monitors any pollutant more frequently than required by this permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit, the
results of such monitoring shall be included in the data submitted on the DMR. However, for purposes
of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from
the first sample with valid results within the monitoring period and submit it no later than 30 days from
that date the facility receives the sampling results.
E-5. Report if Begin Discharging to a New Stormwater Discharge Outfall
The permittee shall submit a letter describing the modification and an updated site map to the Division
prior to discharging to a new SDO. Division approval must be granted in writing prior to discharging to
a new SDO.
E-6. Qualitative Monitoring Reports
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division at deq.nc.gov/SW-industrial and shall retain the
completed forms on site. Qualitative monitoring results shall not be submitted to the Division, except
upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available on
the Division's website.
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Permit NCS000076
E-7. Monitoring Report Retention
Copies of the following reports shall be maintained on-site or be available electronically to the Division
upon request. These records or copies shall be maintained for a period of at least five (5)years from the
date of the sample, measurement, report, permit renewal, or permit application. This period may be
extended by request of the Director at any time [40 CFR 122.41].
(a) Calibration and maintenance records,
(b) Original strip chart recordings for continuous monitoring instrumentation,
(c) Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report submissions,
(d) Visual monitoring records, and
(e) Copies of all data used to complete the permit application.
E-S. Waivers from Electronic Reporting
(a) If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access,then a temporary waiver from the NPDES electronic reporting requirements
may be granted and discharge monitoring data may be submitted on paper DMR forms or
alternative forms approved by the Director. Duplicate signed copies shall be submitted to the
mailing address above. See "How to Request a Waiver from Electronic Reporting" section below.
(b) The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver. a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing to
the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed five (5)years and shall thereupon expire. At such time,
monitoring data and reports shall be submitted electronically to the Division unless the permittee
re-applies for and is granted a new temporary electronic reporting waiver by the Division.
Approved electronic reporting waivers are not transferrable. Only permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the Division for the
period that the approved reporting waiver request is effective.
(c) Information on eDMR and the application for a temporary electronic reporting waiver are found
on the DEQ web page at deq.nc.gov/SW-eDMR.
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Permit NCS000076
PART F: OTHER OCCURENCES THAT MUST BE REPORTED
After becoming aware of an occurrence that must be reported, the permittee shall contact the Division's
Wilmington Regional Office within the timeframes and in accordance with the other requirements listed
in Table 6 below. Occurrences outside normal business hours may also be reported to the Department's
Environmental Emergency Center personnel at [phone].
The permittee shall report all instances of noncompliance not reported under 24-hour reporting at the
time monitoring reports are submitted [40 CFR 122.41(1)(7)].
Table 6: Other Occurrences that Shall Be Reported
Occurrence Reporting Timeframes (After Discovery) and
Other Requirements
Visible Sedimentation in a stream or (a) Within 24 hours, an oral or electronic
wetland notification.
(b) Within 7 calendar days, a report that contains a
description of the sedimentation event and
permittee actions taken to address it.
Oil spills if they are: (c) Within 24 hours, an oral or electronic
• 25 gallons or more, notification. The notification shall include
• less than 25 gallons but cannot be information about the date,time, nature, volume
cleaned up within 24 hours, and location of the spill or release.
s cause sheen on surface waters
(regardless of volume), or
• are within 100 feet of surface waters
(regardless of volume).
Releases of hazardous substances in (d) Within 24 hours, an oral or electronic
excess of reportable quantities under notification. The notification shall include
Section 311 of the Clean Water Act Ref: information about the date, time, nature, volume
40 CFR 110.3and 40 CFR 117.3) or and location of the spill or release.
section 102 of CERCLA (Ref_ 40 CFR
302.4) or G.S. 143-215.85
Noncompliance with the conditions of (e) Within 24 hours, an oral or electronic
this permit that may endanger health or notification.
the environment. [40 CFR 122.41(1)(7)] (f) Within 7 calendar days, a report that contains a
description of the noncompliance, and its causes;
the period of noncompliance, including exact
dates and times, and if the noncompliance has not
been corrected, the anticipated time
noncompliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance. [40 CFR
122.41(1)(6).
(g) Division staff may waive the requirement for a
written report on a case-by-case basis.
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Permit NCS000076
PART G: PERMIT ADMINISTRATION
G-1. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified [40 CFR
122.41(k)].
(a) All permit applications shall be signed as follows:
i. For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b)the
manager of one or more manufacturing, production, or operating facilities, provided, the
manager is authorized to make management decisions which govern the operation of the
regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures
to assure long term environmental compliance with environmental laws and regulations;
the manager can ensure that the necessary systems are established or actions taken to
gather complete and accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the manager in accordance
with corporate procedures.
ii. For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
iii. For a municipality, State.. Federal, or other public agency: by either a principal executive
officer or ranking elected official [40 CFR 122.22].
(b) All reports required by the permit and other information requested by the Director shall be signed
by a person described in paragraph (a). above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
i. The authorization is made in writing by a person described above;
ii. The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
iii. The written authorization is submitted to the Director [40 CFR 122.22].
(c) Changes to authorization: If an authorization under paragraph(b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements of paragraph (b) of this section must
be submitted to the Director prior to or together with any reports, information, or applications to
be signed by an authorized representative [40 CFR 122.22].
(d) Certification. Any person signing a document under paragraphs (a) or (b) of this section, or
submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR
122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED.
V 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
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Permit NCS000076
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility offines and imprisonment for knowing violations."
G-2. Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order
to receive automatic authorization to discharge beyond the expiration date, the
permittee shall submit forms and fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date, unless permission for a later date has been granted by the
Director. (The Director shall not grant permission for applications to be submitted later than the
expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal
at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and
has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement
procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq.
G-3. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR
122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the
permit or subject to notification requirements under 40 CFR Part 122.42(a).
G-4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the
Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with
NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2. and may require modification or revocation
and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such
other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.611 or state statute.
G-5. Sale or Closure
The Permittee is required to notify, the Division in writing in the event the permitted facility is sold or
closed.
G-6._Permit_Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and
regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the
North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-
215.1 et al. After public notice and opportunity for a hearing, the permit may be terminated for cause.
The filing of a request for a permit modification, revocation and reissuance, or termination does not stay
any permit condition.
G-7. Anticipated Noncompliance
The permittee shall give advanced notice to the Director of any planned changes at the permitted facility
which may result in noncompliance with the permit [40 CFR 22.41(1)(2)].
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Permit NCS000076
G-8. Requirement to Report Incorrect Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application
or submitted incorrect information in a permit application or in any report to the Director, it shall
promptly submit such facts or information [40 CFR 122.41(1)(8)].
G-9. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after
being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H
.0105(b)(2) may cause this Division to initiate action to revoke coverage under this permit.
G-10. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume
of monitored discharges.
G-11. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant
to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published
pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and
Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels and all data generated must be reported down to the minimum detection or
lower reporting level of the procedure.
If no approved methods are determined capable of achieving minimum detection and reporting levels
below the permit discharge requirements, then the most sensitive (method with the lowest possible
detection and reporting level) approved method must be used.
G-12. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical, and the permittee is granted
representative outfall status, then analytical sampling requirements may be performed at a reduced
number of outfalls.
G-13. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USG 1318, all reports prepared in accordance with the terms shall be available for
public inspection at the offices of the Division. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal
Clean Water Act.
G-14. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)].
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Permit NCS000076
G-15. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,
the permittee shall record the following information [40 CFR 122.41]:
(a) The date, exact place, and time of sampling or measurements;
(b) The individual(s) who performed the sampling or measurements;
(c) The date(s) analyses were performed;
(d) The individual(s) who performed the analyses;
(e) The analytical techniques or methods used; and
(f) The results of such analyses.
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Permit NCS000076
PART H: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
H-I. Proper Operation and Maintenance
The permittee shall at all times:
(a) Properly operate and maintain all facilities and systems of treatment and control and related
appurtenances which are installed or used by the permittee to achieve compliance with the
conditions of this permit.
(b) Implement laboratory controls and quality assurance procedures for onsite labs
and field parameter testing.
(c) Operate back-up or auxiliary facilities or similar systems which are installed by a permittee only
when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR
122.41(e)].
H-2. Corrective Actions
The permittee shall take corrective actions if self-inspections required by this permit identify a need for
corrective actions, a facility fails to perform satisfactorily, or a facility creates nuisance conditions.
Corrective actions shall include, but not be limited to: maintenance, modifications, or additions to
existing control measures, the construction of additional or replacement treatment or disposal facilities,
or implementation of new BMPs. Corrective actions shall be completed as soon as possible considering
adverse weather and site conditions.
H-3. Draw Down of Treatment Facilities for Essential Maintenance
The permittee may draw down stormwater and wastewater treatment facilities if the drawdown is for
essential maintenance to assure efficient operation and one of the following conditions is met:
(a) Either treatment facilities shall be drawn down from the surface, or
(b) Analytical sampling data of the water stored in the treatment facility demonstrates that the
discharge will not exceed benchmarks or violate effluent limitations in this permit. The sampling
data shall be collected no more than 14 calendar days prior to the draw down.
H-4. Bypasses of Stormwater Control Facilities
Bypass is prohibited, and the Division may take enforcement action against a permittee
for bypass unless the permittee provides engineering evidence that all three of the following conditions
are met:
(a) The bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities;
retention of stormwater, or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
(c) The permittee submitted notices and identified the reason(s) for the bypass as required under Part
H-6 of this permit.
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Permit NCS000076
If the Director determines that it will meet the three conditions listed above, the Director
may approve an anticipated bypass after considering its adverse effects.
H-5. Upsets
Diversions of stormwater and wastewater from treatment facilities may be considered
as an upset if the permittee can demonstrate to the Director that all of the following conditions have been
met. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has
the burden of proof,
(a) The permittee demonstrates that the upset was not caused by operational error, improperly
designed treatment or control facilities, lack of preventive maintenance, or careless or improper
operation.
(b) The permittee agrees to take remedial measures if necessary.
(c) The permittee submitted notice of the upset and identified the cause(s) of the upset as required
under part H=6 of this permit.
H-6. Required Notice for Bypass or Upset
After a permittee becomes aware of an occurrence that must be reported, the permittee shall contact the
Division's Wilmington Regional Office within the timeframes and in accordance with the requirements
listed in Table 7 below. Occurrences outside normal business Fours may also be reported to the
Department's Environmental Emergency Hotline at [phone].
Table 7; Bypass and Upset Re orting Requirements
Event
[40 CFR 122.41(m)(3)] Reporting Requirements
Anticipated Bypass Written report at least ten days prior to the anticipated
bypass. The written report shall include an evaluation of the
anticipated quantity, quality and effect of the bypass.
Unanticipated Bypass or Oral or electronic notification within 24 hours of the event,
Upset and
Written report within 7 calendar days of the event The
written report shall include an evaluation of the quantity,
quality and effect of the bypass.
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Permit NCS000076
PART I: COMPLIANCE AND LIABILITY
1-1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
(a) Facilities applying for permit renewal: All requirements, conditions, limitations, and controls
contained in this permit (except new SWPPP elements in this permit renewal) shall become
effective immediately upon issuance of this permit. New elements of the Stormwater Pollution
Prevention Plan for this permit renewal shall be developed and implemented within 6 months of
the effective date of this permit and updated thereafter on an annual basis. Secondary
containment, as specified in BB=9 of this permit shall be accomplished prior to the beginning of
stormwater discharges from the operation of the industrial activity.
I-2. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a
violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR
122.41].
(a) The permittee shall comply with standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement [40 CFR 122.411.
(b) The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405
of the Act, or any permit condition or limitation implementing any such sections in a permit
issued under section 402, or any requirement imposed in a pretreatment program approved under
sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $51,570 per
day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)].
(c) The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308,
318, or 405 of the Act, or any condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, or any requirement imposed in a pretreatment
program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties
of$2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In
the case of a second or subsequent conviction for a negligent violation, a person shall be subject
to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not
more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)].
(d) Any person who knowingly violates such sections, or such conditions or limitations is subject to
criminal penalties of$5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both. In the case of a second or subsequent conviction for a knowing violation, a person
shall be subject to criminal penalties of not more than$100,000 per day of violation, or
imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)].
(e) Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act,
or any permit condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, and who knows at that time that he thereby places another person in
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imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of
not more than$250,000 or imprisonment of not more than 15 years, or both. In the case of a
second or subsequent conviction for a knowing endangerment violation, a person shall be subject
to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An
organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of
violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can
be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)].
(f) Under state law, a civil penalty of not more than $25,000 per violation may be assessed against
any person who violates or fails to act in accordance with the terms, conditions, or requirements
of a permit [North Carolina General Statutes § 143-215.6A].
(g) Any person may be assessed an administrative penalty by the Administrator for violating section
301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act.
Administrative penalties for Class I violations are not to exceed $20,628 per violation, with the
maximum amount of any Class I penalty assessed not to exceed $51,570. Penalties for Class II
violations are not to exceed $20,628 per day for each day during which the violation continues,
with the maximum amount of any Class lI penalty not to exceed $257,848 [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)].
I-3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
pen-nit which has a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
I-4. Civil and Criminal Liability
Except as provided in Part H-4 of this permit regarding bypassing of stormwater control facilities,
nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or
penalties for noncompliance pursuant to NCGS 143-215.3,
143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore,the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility
for effective compliance may be temporarily suspended.
I-5. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
I-6. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or
any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal
rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)].
I-7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of any
provision of this permit to any circumstances, is held invalid, the application of such provision to other
circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23].
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Permit NCS000076
1-8. Duty to Provide information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall
also furnish to the Director,upon request, copies of records required to be kept by this permit [40 CFR
122.41(h)].
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 permit shall, upon conviction, be punished by a fine of not more than$10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a
violation committed after a first conviction of such person under this paragraph, punishment is a fine of
not more than $20,000 per day of violation, or by imprisonment of not more than four years, or both [40
CFR 122.41].
1-10. _Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be maintained
under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not
more than six months per violation, or by both [40 CFR 122.41].
1-11. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
I-12. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of this
permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
I-13. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including
an authorized contractor acting as a representative of the Director), or in the case of a facility which
discharges through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials
and other documents as may be required by law,to:
(a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
(d) Sample or monitor at reasonable times; for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location [40
CFR 122.41(i)].
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Permit NCS000076
I-14. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to
halt or reduce the permitted activity in order to maintain compliance with the condition of this permit
[40 CFR 122.41(c)].
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Permit NCS000076
PART J: DEFINITIONS
Act
See Clean Water Act.
Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When
adverse weather conditions prevent the collection of samples during the sample period,the permittee
must take a substitute sample or perform a visual assessment during the next qualifying storm event.
Documentation of an adverse event(with date,time and written narrative)and the rationale must be
included with SWPPP records. Adverse weather does not exempt the permittee from having to file a
monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor
must also be explained and reported on the relevant DMR.
Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. However, non-stormwater discharges which shall be
allowed in the stormwater conveyance system include:
(a) All other discharges that are authorized by a non-stormwater NPDES permit;
(b) Uncontaminated groundwater, foundation drains, air-conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings,water from footing drains, flows from riparian habitats and wetlands; and
(c) Discharges resulting from firefighting or fire-fighting training, or emergency shower or eye wash
as a result of use in the event of an emergency.
Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take
the form of a process, activity, or physical structure. More information on BMPs can be found on the
Environmental Protection Agency's website.
Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system,which is not a designed or established operating mode for the facility.
Bulk Storage of Liquid Materials
Liquid raw materials, intermediate products,manufactured products,waste materials, or by-products
with a single above ground storage container having a capacity of greater than 660 gallons or with
multiple above ground storage containers having a total combined storage capacity of greater than 1,320
gallons.
Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act(CWA), as amended, 33
USC 1251, et. seq.
Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
Director
The Director of the Division of Energy,Mineral, and Land Resources,the permit issuing authority.
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EMC
The North Carolina Environmental Management Commission.
Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or
qualitatively) must be taken within the first 30 minutes of discharge.
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
High_Quality Waters (HOW)
Supplemental North Carolina water quality classification intended to protect waters which are rated
excellent based on biological and physical/chemical characteristics through Division monitoring or
special studies, or HQW by definition:
(a) Water Supply Watershed I (WS-I);
(b) Water Supply Watershed II (WS-II);
(c) SA waters (commercial shellfish);
(d) Outstanding Resource Waters (ORW);
(e) Primary Nursery Areas and other functional nursery areas designated by Marine Fisheries
Commission; or
(f) Waters for which the Division of Water Resources has received a petition for reclassification to
either WS-I or WS-II.
Impaired Waters
Streams, rivers and other bodies of water that do not meet water quality standards and may require
development of a Total Maximum Daily Load(TMDL)per Section 303(d) of the federal Clean Water
Act.
Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage
facility or a surface storage facility.
Measurable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm events
during the sampling period and obtains approval from the local DEMLR Wilmington Regional Office.
Two copies of this information and a written request letter shall be sent to the local DEMLR
Wilmington Regional Office. After authorization by the DEMLR Wilmington Regional Office, a written
approval letter must be kept on site in the permittee's SWPPP.
Municipal Separate Storm Sewer System (MS4)
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
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Permit NCS000076
No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm-
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff.
Industrial materials or activities include,but are not limited to,material handling equipment or activities,
industrial machinery,raw materials, intermediate products,by-products, final products, or waste
products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES
Stormwater Permitting requirements only if a facility complies with the terms and conditions described
in 40 CFR §122.26(g).
Outstanding Resource Water(ORW)
Supplemental North Carolina water quality classification intended to protect unique and special waters
having excellent water quality and being of exceptional state or national, ecological or recreational
significance. To qualify, waters must be rated"excellent"by the NC Division of Water Resources, and
have one of the following outstanding resource values:
(a) Outstanding fish habitat and fisheries;
(b) Unusually high level of water-based recreation or potential for such kind of recreation;
(c) Some special designation such as N.C. Scenic/Natural River, or National Wildlife Refuge;
(d) Important component of state or national park or forest; or
(e) Special ecological or scientific significance (rare or endangered species habitat,research or
educational areas).
All ORWs are also considered High Quality Waters (HQW)by supplemental classification.
Permittee
The owner or operator issued this permit, who is the legally responsible party for compliance.
Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel,tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged
to waters of the state.
Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of
the discharges at multiple outfalls,the Division may grant representative outfall status. Representative
outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to contain the 25-year, 24-hour storm event.
Section 313 Water Priority Chemical
A chemical or chemical category which:
(a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act(SARA) of 1986, also titled the Emergency Planning and Community Right-
to-Know Act of 1986;
(b) Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
(c) Meets at least one of the following criteria:
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Permit NCS000076
l. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III
(certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous
substances);
2. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or
3. Is a pollutant for which EPA has published acute or chronic water quality criteria.
Severe Property Damage
Substantial physical damage to property, damage to the control facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to
occur in the absence of a bypass. Severe property damage does not mean economic loss caused by
delays in production.
Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or
production; hazardous substances designated under section 101(14) of CERCLA; any chemical the
facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges.
Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref- 40 CFR 110.3and 40 CFR 117.3) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
Stormwater Discharge Associated with Industrial Activity
This term is defined in 40 CFR 122.26(14).
Stormwater Control Measure SCM
A permanent structural device that is designed, constructed, and maintained to remove pollutants from
stormwater runoff by promoting settling or filtration or mimic the natural hydrologic cycle by promoting
infiltration, evapotranspiration, post-filtration discharge, reuse of stormwater, or a combination thereof.
Stormwater Control Systems
All systems at present at the facility used for the control and facilitation of stormwater, including but not
limited to, all drainage systems and all stormwater control measures and best management practices.
Stormwater Discharge Outfall SDO
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but
not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas,
from which stormwater flows directly or indirectly into waters of the State of North Carolina,
Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or
as a result of snowmelt.
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Stormwater Associated with Industrial Activitv
The discharge from any point source which is used for collecting and conveying stormwater and which
is directly related to manufacturing,processing or raw material storage areas at an industrial site.
Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR
122.26(b)(14). The term does not include discharges from facilities or activities excluded from the
NPDES program.
Stormwater Pollution Prevention Plan(SWPPP)
A comprehensive site-specific plan which details measures and practices to reduce stormwater pollution
and is based on an evaluation of the pollution potential of the site.
Total Maximum Daily Load(TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be
found on the Division's website.
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Trout Water(Tr)
Supplemental NC water quality classification intended to protect freshwaters for natural trout
propagation and survival of stocked trout on a year round basis. This is not the same as the NC Wildlife
Resources Commission's Designated Public Mountain Trout Waters.
Upset
An exceptional incident in which there is unintentional and temporary noncompliance with technology-
based permit effluent limitations because of factors beyond the reasonable control of the permittee. An
upset does not include noncompliance to the extent caused by operational error, improperly designed
treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance,
or careless or improper operation.
Vehicle Maintenance Activity
Vehicle rehabilitation,mechanical repairs,painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations. This definition includes equipment maintenance activity that uses hydraulic
oil and that is stored or used outside, or otherwise exposed to stormwater.
Visible Sedimentation
Solid particulate matter, both mineral and organic,that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
10-,year, 24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in
10 years.
25-year, 24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in
25 years.
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