HomeMy WebLinkAboutNC0025305_Draft Permit_20231024ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
PICHARD E. ROGERS, JR.
Director
Matthew M. Fajack
NORTH CAROLINA
Environmental Quality
October 24, 2023
Vice Chancellor of Finance and Administration
University of North Carolina at Chapel Hill
302 South Building CB # 1000
Chapel Hill, NC 27599-1000
Subject: Draft NPDES Permit
Permit NCO025305
UNC Cogeneration Facility
Orange County
Facility Class I
Dear Mr. Fajack:
Enclosed with this letter is a copy of the Draft Permit for your facility. Please review the draft very
carefully to ensure thorough understanding of the conditions and requirements it contains.
The Draft Permit contains the following significant changes from your current permit:
1. The Whole Effluent Toxicity language was updated.
2. The Electronic Reporting requirement was added to the permit.
3. The Stormwater Requirements were updated.
Please provide any comments you have regarding the draft permit to this office by
December S, 2023. At this time, the Division is also publishing a notice in the newspapers of
general circulation in Orange County, inviting public comment on the draft permit. Following the
30-day comment period, we will review all pertinent comments received and take appropriate action
on the permit modification.
The NPDES Standard Conditions (Parts II, III, and IV) are not included with this draft. They can
be found at the following link if you would like to review them in conjunction with this draft permit.
htips: / /bit.ly/2BZ4xxx
North Carolina Department of Environmental Quality Division of Water Resources
D E > 512 Noah Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
i.r" �� � 4 919.707.9000
If you have any questions about the NPDES permit process, please contact me at the following e-
mail address: sergei.chernikov&deq.nc.gov, or telephone number: 919-707-3606.
Sergei Chernikov, Ph.D.
Environmental Engineer III
Industrial NPDES Permitting Unit
cc: NPDES Files
Raleigh Regional Office / Surface Water Protection Section (e-copy)
Raleigh Regional Office / Public Water Supply Section (e-copy)
ESS/Aquatic Toxicology Unit (e-copy)
TACU (e-copy)
��,s Noith Carolina Depaameni of Environmental Quality I Division of Water Resources
J 512 Noah Salisbury Sheet 1 1611 Mail Service Center I Raleigh, Noah Carolina 27699-1611
J a D_E 919.707.9000
Permit NC0025305
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
Draft PERMIT
TO DISCHARGE WASTEWATER AND STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
University of North Carolina at Chapel Hill
is hereby authorized to discharge wastewater and stormwater from a facility located at the
UNC Cogeneration Facility
West Cameron Avenue
Chapel Hill
Orange County
to receiving waters designated as an unnamed tributary to Morgan Creek in the Cape Fear River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts
I, II, III and IV hereof.
This permit shall become
This permit and authorization to discharge shall expire at midnight on
Signed this day
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 37
Permit NCO025305
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
The University of North Carolina at Chapel Hill
is hereby authorized to:
1. Continue to operate the UNC Cogeneration Facility as a primary non -discharge facility with Orange
Water and Sewer Authority (OWASA) contracted to accept all process wastewater, and only
discharge treated process wastewater through Outfall 001 on an emergency basis.
2. Continue to operate an existing wastewater treatment facility for process wastewater and process
area stormwater consisting of:
o an oil/water separator
o two (2) 63,000 gallon equalization basin
o caustic rapid mix tank
o acid rapid mix tank
o polymer feed system
o two (2) settling basins
o Parshall meter flume
3. Continue to operate two non -lined stormwater detention pond, 300,000 gallon west pond which may
discharge stormwater through Outfall 002 with other stormwater sources, and 150,000 gallon east
pond which may discharge stormwater through Outfall 003 with other stormwater sources.
Located at UNC Cogeneration Facility, West Cameron Avenue, Chapel Hill in Orange County.
4. Discharges from said treatment works and detention ponds at the location specified on the attached
map into an unnamed tributary to Morgan Creek, a class WS-IV NSW water in the Cape Fear River
Basin.
Page 2 of 37
Permit NCO025305
SECTION A: INDUSTRIAL/PROCESS WASTEWATER
Part I
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge from Outfall 001 (Low Volume Wastewater, Coal Pile Runoff,
Stormwater Runoff [Fuel Storage Area], Treated Industrial Wastewater). Such discharges shall be
limited and monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING RE UIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location 2
Flow
MGD
Footnote 1
Recording
Effluent
Total Residual Chlorine 3
28.0 µg/L
Footnote 1
Grab
Effluent
Total Suspended Solids (TSS)
30.0 mg/L
100.0 mg/L
Footnote I
Grab
Effluent
Oil and Grease
15.0 mg/L
1 20.0 mg/L
Footnote 1
Grab
Effluent
pH
Not greater than 9.0 S.U.
nor less than 6.0 S.U.
Footnote I
Grab
Effluent
Chlorides
250.0 mg/L
250.0 mg/L
Footnote 1
Grab
Effluent
Sulfates
250.0 mg/L
250.0 m /L
Footnote 1
Grab
Effluent
Temperature, ° C a
Footnote 1
Grab
Effluent,
Upstream,
Downstream
Conductivity
Footnote 1
Grab
Effluent,
Upstream,
Downstream
Arsenic, µg/L 5
Footnote 1
Grab
Effluent
Copper, µg/L 5
Footnote 1
Grab
Effluent
Iron, mg/L
Footnote 1
Grab
Effluent
Selenium, µ L 5
Footnote I
Grab
Effluent
Thallium, µg/L 5
Footnote 1
Grab
Effluent
Zinc, µg/L 5
Footnote 1
Grab
Effluent
TKN, mg/L 6
Footnote I
Grab
Effluent
NO3-N+NO2-N, mg/L 6
Footnote 1
Grab
Effluent
Total Nitrogen (TN), mg/L 6
Footnote 1
Grab
Effluent
Total Phosphorus, mg/L
Footnote 1
Grab
Effluent
Acute Toxicity I
Episodic
Grab
Effluent
Footnotes:
1. Once during a discharge event per calendar month.
2. Sample locations: Upstream = upstream at vault prior to reaching unnamed tributary; Downstream =
downstream at convenient site prior to reaching Morgan Creek.
3. Monitoring and limit only apply if chlorine or a chlorine derivative is added to any waste stream.
The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with
the permit. However, the Permittee shall continue to record and submit all values reported by a
Page 3 of 37
Permit NCO025305
North Carolina certified laboratory (including field certified), even if these values fall below 50
µg/L.
4. Effluent temperature shall be as such as not to cause an increase in the receiving stream temperature
of more than 2.8 °C and to cause the ambient water temperature to exceed 32 'C.
5. Minimum detection of 1.0 µg/L required.
6. TN = TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and
NO3-N and NO2-N are Nitrate and Nitrite Nitrogen, respectively.
7. Acute toxicity (24 lit, Pimephales promelas) shall be performed on an episodic basis. See Part
A.(2).
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM OTHER THAN
IN TRACE AMOUNTS.
This facility is approved as a non -discharge facility with OWASA contracted to accept all the facility
process wastewater. The permit allows direct discharge of treated wastewater through Outfall 001 on
an emergency bases at which time the monitoring requirements listed above need to be implemented and
compliance met. If an actual discharge does not occur during a given month, then report such on the
monthly monitoring reports.
A. (2) ACUTE TOXICITY MONITORING (EPISODIC) [15A NCAC 02B.0200]
The permittee shall conduct FIVE acute toxicity tests using protocols defined as definitive in E.P.A.
Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to
Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow
(Pimephales promelas) 24 hour static test. Effluent samples for self -monitoring purposes must be
obtained below all waste treatment. Sampling and subsequent testing will occur during the first five
discrete discharge events after the effective date of this permit. After monitoring of the first five toxicity
tests, the permittee will conduct one test annually, with the annual period beginning in January of the
next calendar year. The annual test requirement must be performed and reported by June 30. If no
discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will
be performed on the next discharge event for the annual test requirement.
The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit
condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was
performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent
to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Or, results can be sent to the email, ATForms.ATBkdea.nc.gov
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later
than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine
of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of
the waste stream.
Page 4 of 37
Permit NC0025305
Should any test data from either these monitoring requirements or tests performed by the North Carolina
Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re-
opened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival and appropriate environmental controls, shall constitute an invalid test and will
require immediate follow-up testing to be completed no later than the last day of the month following the
month of the initial monitoring.
Page 5 of 37
Permit NCO025305
SECTION B: STORMWATER
PART A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the permittee
is authorized to discharge stormwater associated with industrial activity. Such discharges shall be
controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR
§ 122.26(g), the facility may qualify for a No Exposure Certification from NPDES stormwater discharge
permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must:
(a) Submit a No Exposure Certification application form to the Division of Energy, Mineral and
Land Resources (Division),
(b) Receive approval from the Division,
(c) Maintain no exposure conditions unless authorized to discharge under a valid NPDES
stormwater permit, and
(d) Recertify the No Exposure Certification annually.
Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater
to the surface waters of North Carolina or separate storm sewer system that has been adequately treated
and managed in accordance with the terms and conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an allowable
non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater
discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other applicable
federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Page 6 of 37
Permit NCO025305
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 Raleigh
Regional Office upon request. The SWPPP shall be considered public information in accordance with
Part G-l3 of this Individual Permit.
The SWPPP shall include, at a minimum, the following items:
B-1. Responsible Party
The SWPPP shall identify (a) specific position(s) responsible for the overall coordination, development,
implementation, and revision of the SWPPP. Responsibilities for all components of the SWPPP shall be
documented and position assignments provided.
B-2. General Location Map
The General Location Map shall be a USGS quadrangle map or appropriately drafted equivalent map
that includes:
(e) The facility's location in relation to transportation routes and surface waters;
(f) 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
(g) 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
0) A graphic scale and north arrow.
Page 7 of 37
Permit NCO025305
B-4. Narrative Description of Industrial Processes
The narrative description shall include:
(a) Storage practices;
(b) Loading and unloading activities;
(c) Outdoor process areas;
(d) Dust or particulate generating and control processes;
(e) Waste disposal practices; and
(f) A list of the potential pollutants that could be expected to be present in the
stormwater discharge from each outfall.
B-5. Evaluation of Stormwater Outfalls
On an annual basis, the permittee shall evaluate all stormwater outfalls for the presence of non-
stormwater discharges. If non-stormwater discharges are present, the permittee shall identify the source
and record whether the discharge is otherwise permitted by rule or a different permit. The permittee
shall evaluate the environmental significance of the non-stormwater discharges and include a summary
written record and certification statement. The certification statement and summary written record shall
be retained with the SWPPP and shall be dated and signed in accordance with the requirements found in
Part G=1 of this permit.
B-6. Narrative Description of Stormwater SCMs/BMPs
A narrative description of structural Stormwater Control Measures (SCMs) and non-structural Best
Management Practices (BMPs) on site shall be provided. Appropriate SCMs/BMPs may include, but are
not limited to, vegetative swales, berms, and reuse of collected stormwater (such as for an industrial
process or as an irrigation source) in a manner that reduces pollutants in stormwater discharges leaving
the site. The installation and implementation of SCMs/BMPs shall be based on the assessment of the
potential for sources to contribute significant quantities of pollutants to stormwater discharges and on
data collected through monitoring of stormwater discharges. The Narrative Description of SCMs/BMPs
shall be reviewed and updated annually.
The narrative description of stormwater SCMs/BMPs shall include:
(a) A written record of the specific rationale for installation and implementation of the selected site
SCMs and/or BMPs; and
(b) BMPs for vehicle maintenance activities.
B-7. Facility Inspections
Inspections of the facility and all stormwater systems shall occur as part of the Preventative
Maintenance and Good Housekeeping Program at a minimum on a quarterly schedule, with at least 30
days separating inspection dates (unless performed more frequently than quarterly). These facility
inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at
the outfalls required in Parts C and D of this permit.
B-8. Secondary Containment Plan
In order to prevent leaks and spills from contaminating stormwater runoff, secondary containment is
required for: bulk storaee of liquid materials including petroleum products; storage in any amount of water
priority chemicals listed in section 313 of Title III of the Superfund Amendments and Reauthorization Act
(SARA); and storage of hazardous substances in any amount.
Page 8 of 37
Permit NCO025305
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 discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity
areas (including material storage areas, material handling areas, disposal areas, process areas, loading
and unloading areas, and haul roads), all drainage features and structures, and existing structural SCMs
and non-structural BMPs.
The PMGHP shall include:
Page 9 of 37
Permit NCO025305
(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:
(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;
Page 10 of 37
Permit NC0025305
(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 htti)s://deq.nc.pov/about/divisions/energy-mineral-and-land-
ermits. 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.
B-15. Notice to Modify SWPPP
The Director may notify the permittee when the SWPPP does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to
the Director for modifying the SWPPP to meet minimum requirements. The permittee shall provide
certification in writing (in accordance with Part G1 of this permit) to the Director that the changes have
been made.
B-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.
Page 11 of 37
Permit NCO025305
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 stonnwater discharge outfall (SDO) that discharges storruwater
associated with industrial activity unless representative outfall status specifically for visual monitoring has
been approved in writing by the Division.
(b) Visual inspections shall be performed
concurrent with required analytical monitoring on a quarterly basis. Note: These monitoring
requirements will increase to a monthly basis when responding to Tier Two status.
(c) Visual inspections are not required to be
performed outside of the facility's normal operating hours.
(d) Visual inspections shall be recorded on the
Division's Stormwater Discharge Outfall Qualitative Monitoring Report (QMR) form and shall
include observations of:
i. Color;
ii. Odor;
iii. Clarity;
iv. Floating Solids;
V. Suspended Solids;
vi. Foam;
vii. Oil Sheen;
viii. Deposition at or immediately below the outfall;
ix. Erosion at or immediately below the outfall; and
X. Other obvious indicators of stormwater pollution.
(e) Inability to perform inspections because of adverse weather or lack of discharge
during the monitoring period shall not constitute a failure to monitor if the event is documented in
the SWPPP and recorded on the Qualitative Monitoring Report.
C-2. Qualitative Monitoring Response
(a) If the permittee's qualitative monitoring indicates that the SWPPP and/or existing stormwater
BMPs are ineffective, or that significant stormwater contamination is present, then the permittee
shall investigate potential causes, evaluate the feasibility of corrective actions, and implement
those feasible corrective actions within sixty (60) days.
(b) A written record of the permittee's investigation, evaluation, and response actions shall be kept in
the SWPPP.
Page 12 of 37
Permit NC0025305
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 1 — June 30
iii. Period 3: July I — 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 I shall require a tiered response for that
parameter. A single exceedance of a benchmark value shall require a Tier One response for that
parameter. Two benchmark value exceedances in a row shall require a Tier Two response for that
parameter. Four benchmark exceedances for a parameter within a five (5) year period shall
require a Tier Three response for that parameter.
(c) Baseline sampling benchmarks shall be in accordance with Table 1 below.
Page 13 of 37
Permit NCO025305
Table 1. Summary of Quarterly Baseline Sampling Requirements for Stormwater Discharges for
Outfalls SWO02 and SWO03
Parameter Code for
Reporting
Parameter
Frequency'
Benchmark
C0530
Total Suspended Solids (TSS)
Quarterly
100 mg/L
00400
pH 2
Quarterly
6 s.u. — 9 s.u.
46529
Total Rainfall of Sampled Event
(inches)'
00552
Non -Polar Oil & Grease for drainage
areas that use >55 gallons/month of
oil on average per EPA Method 1664
(SGT-HEM)
Quarterly
I5 mg/L
NCOIL
Estimated Average Monthly Oil
Usage at the Facility (gallons)
00340
Chemical Oxygen Demand (COD)
Quarterly
120 mg/L
01022
Boron'
Quarterly
34,000 µg/L
01105
Aluminum 5
Quarterly
750 µg/L
01097
Antimony
Quarterly
340 µg/L
01002
Arsenic 5
Quarterly
340 µg/L
01012
Beryllium 5
Quarterly
65 µg/L
01027
Cadmium 5
Quarterly
3 µg/L
C0340
Chromium 5
Quarterly
905 µg/L
01042
Copper 5
Quarterly
10 µg/L
01051
Lead 5
Quarterly
75 µg/L
COMER
Mercury 4.5
Quarterly
12 ng/L
01067
Nickel 5
Quarterly
335 µg/L
01147
Selenium 5
Quarterly
5 µg/L
01077
Silver 5
Quarterly
0.3 µg/L
01059
Thallium 5
Quarterly
2,000 µg/L
01092
Zinc 5
Quarterly
126 µg/L
00945
Sulfate 5
Quarterly
3,500 mg/L
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Permit NCO025305
00900
Hardness — Total as [CaCO3 or (Ca +
c
Quarterly
Mg)l
Footnotes:
1. Measurement frequency: Quarterly during a measurable storm event. If the facility is monitoring monthly
due to Tier Two or Tier Three response actions, the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relief is granted.
2. If pH values outside this range are recorded in sampled stormwater discharges, but ambient precipitation
pH levels are lower, then the lower threshold of this benchmark range is the pH of the precipitation
(within instrument accuracy) instead of 6 s.u.. Readings from an on -site or local rain gauge (or local
precipitation data) must be documented to demonstrate background concentrations were below the
benchmark pH range.
3. For each sampled measurable storm event, the total precipitation must be recorded. An on -site rain gauge
is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading
may be substitute for an on -site reading.
4. Mercury shall be analyzed by EPA Low-level detection method 1631 E. This method also requires a field
blank be analyzed.
5. Monitoring may be discontinued after the first four (4) sampling events if results are below benchmark
concentrations. For any of these parameters that are above benchmark concentrations in the second year
of the permit, the permittee shall either (1) begin following Tier requirements; (2) submit a request to the
Division to discontinue monitoring with information to demonstrate the industrial activities or materials at
this site are not a significant contributor to stormwater discharge concentrations; or (3) monitor just the
parameters with any benchmark exceedances (in Year 1 or 2) quarterly for the remainder of the permit.
6. Hardness sampling should be performed in conjunction with testing for hardness dependent metals
(cadmium, copper, lead, nickel, silver, and zinc).
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 Samples
(a) Outfall monitoring efforts shall begin with the first measurable storm event that occurs during the
facility's normal operating hours and begins at least 72 hours after the previous measurable storm
event.
(b) Grab samples shall be collected within the first 30 minutes of discharge. If physical separation
between outfalls prevents collecting samples from all outfalls within the first 30 minutes of
discharge, then the permittee may continue collecting samples until all outfalls that are
discharging have been sampled.
(c) Outfalls that are not discharging during or after the first measurable storm event shall be sampled
during the next measurable storm event, until a sample has been collected from every outfall.
(d) If, during an entire monitoring period, there is no discharge from an outfall during any measurable
storm event that occurs during the facility's normal operating hours and begins at least 72 hours
after the previous measurable storm event, then the permittee shall report "No Discharge" in the
DMR and shall record "No Discharge" in the S WPPP. In this case, the DMR shall be submitted
Page 15 of 37
Permit NCO025305
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
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 122.41(j)].
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 S WPPP as each action occurs including: the
date and value of the benchmark exceedance, the date the Division's Raleigh 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 3: Tier One Response for a Benchmark Exceedance
Timeline from Receipt
of Samolinm Results
Tier One Required Response/Action
Continuously
i. Document the exceedance and each required response/action in
the S WPPP in accordance with Part D-5 of the permit.
Within two weeks
ii. Notify the Division's Raleigh 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.
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Permit NC0025305
Within two months I vi. Implement the selected feasible actions.
D-6. 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 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 Raleigh Regional Office
was notified of the consecutive exceedances, the inspection date, the personnel conducting the
inspection, the selected feasible actions, the date the selected feasible actions were completed,
and the monthly monitoring results.
(d) Each pair of two consecutive exceedances of a single benchmark parameter at a single outfall
shall constitute an event that requires a Tier Two response. Subsequent events shall not include
the same exceedances that have been addressed in a Tier Two response.
(e) The Tier Two response shall be in accordance with Table 3 below.
(f) Alternatively, in lieu of the steps listed above, the permittee may, after two consecutive
exceedances exercise the option of contacting the DEMLR Regional Engineer as provided below
in Tier Three. The Regional Engineer may require additional response actions on the part of the
permittee as provided in Tier Three, including reduced or additional sampling parameters or
frequency.
Table 4: Tier Two Response for Two Consecutive Benchmark Exceedances
Timeline from Receipt of
Sampling Results
Tier Two Required Response/Action
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 Raleigh 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.
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Permit NC0025305
(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 Raleigh Regional
Office for review and approval within thirty (30) days of receipt of the fourth analytical
monitoring data point that exceeds the benchmark value. See Section G-1. (b) for reporting
requirements. At a minimum, the Action Plan shall include:
i. documentation of the four benchmark exceedances;
ii. an inspection report that covers the industrial activities within the drainage area of the
outfall with the exceedances (including the date of the inspection and the personnel
conducting the inspection);
iii. an evaluation of standard operating procedures and good housekeeping procedures;
iv. identification of the source(s) of exceedances;
V. specific actions that will be taken to remedy the identified source(s) with a schedule for
completing those actions; and
vi. a monitoring plan to verify that the Action Plan has addressed the source(s).
(c) The permittee shall keep the Action Plan in the SWPPP and document when each specific action
was carried out and by whom.
(d) The permittee shall contact the Division's Raleigh 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.
Timeline from Receipt of Tier Three Required Response/Action
Fourth Sampling Result
Continuously i. Document the exceedances and each required response/action
in the SWPPP in accordance with Part D-7 of the permit.
ii. Monitor all parameters monthly (qualitative and quantitative)
at annrooriate outfall(s).
Within two weeks iii. Notify the Division's Raleigh Regional Office in writing of the
affected outfall, four exceedance dates and values.
iv. Conduct a stormwater management inspection.
v. Identify and evaluate possible causes of the benchmark
exceedance.
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Permit NC0025305
Within one month vi. Prepare an Action Plan and submit to the Division's Raleigh
Regional Office for review and annroval.
Upon DEQ Approval I vii. Implement the approved Action Plan.
Upon Completion of viii. Notify the Division's Raleigh Regional Office of Action
Approved Action Plan Plan completion.
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Permit NCO025305
PART E: SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRS)
E-1. Deadlines for Submittal of Discharge Monitoring Reports
Discharge Monitoring Reports (DMRs) shall be submitted in accordance with Table 5 below. For
permits issued between March 1-31, 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 6: Reporting Requirements
Monitoring Period
Deadline
January 1 — March 31
April 30
April I —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 NC0025305
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 J.
(a) Calibration and maintenance records,
(b) Original strip chart recordings for continuous monitoring instrumentation,
(c) Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report submissions,
(d) Visual monitoring records, and
(e) Copies of all data used to complete the permit application.
E-8. Waivers from Electronic Reporting
(a) If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements
may be granted and discharge monitoring data may be submitted on paper DMR forms or
alternative forms approved by the Director. Duplicate signed copies shall be submitted to the
mailing address above. See "How to Request a Waiver from Electronic Reporting" section below.
(b) The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing to
the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed five (5) years and shall thereupon expire. At such time,
monitoring data and reports shall be submitted electronically to the Division unless the permittee
re -applies for and is granted a new temporary electronic reporting waiver by the Division.
Approved electronic reporting waivers are not transferrable. Only permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the Division for the
period that the approved reporting waiver request is effective.
(c) Information on eDMR and the application for a temporary electronic reporting waiver are found
on the DEQ web page at dea.nc.Rov/SW-eDMR.
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Permit NCO025305
PART F: OTHER OCCURRENCES THAT MUST BE REPORTED
After becoming aware of an occurrence that must be reported, the permittee shall contact the Division's
Raleigh 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 (800) 858-0368.
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 7: Other Occurrences that Shall Be Reported
Occurrence
Reporting Timeframes (After Discovery) and
Other Requirements
Visible Sedimentation in a stream or wetland
(a)
Within 24 hours, an oral or electronic
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 information
• less than 25 gallons but cannot be cleaned
about the date, time, nature, volume and location of
up within 24 hours,
the spill or release.
• cause sheen on surface waters (regardless
of volume), or
• are within 100 feet of surface waters
(regardless of volume).
Releases of hazardous substances in excess
(d)
Within 24 hours, an oral or electronic
of reportable quantities under Section 311 of
notification. The notification shall include information
the Clean Water Act Ref: 40 CFR 1 10.3and
about the date, time, nature, volume and location of
40 CFR 117.3) or section 102 of CERCLA
the spill or release.
Ref: 40 CFR 302.4 or G.S. 143-215.85
Noncompliance with the conditions of this
(e)
Within 24 hours, an oral or electronic
permit that may endanger health or the
notification.
environment. [40 CFR 122.41(1)(7)]
M
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 NC0025305
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
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
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Permit NCO025305
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(l)(3), 122.61] or state statute.
G-5. Sale or Closure
The Permittee is required to notify the Division in writing in the event the permitted facility is sold or
closed.
G-6. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and
regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the
North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-
215.1 et al. After public notice and opportunity for a hearing, the permit may be terminated for cause.
The filing of a request for a permit modification, revocation and reissuance, or termination does not stay
any permit condition.
G-7. Anticipated Noncompliance
The permittee shall give advanced notice to the Director of any planned changes at the permitted facility
which may result in noncompliance with the permit [40 CFR 22.41(1)(2)].
G-8. Requirement to Report Incorrect Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application
or submitted incorrect information in a permit application or in any report to the Director, it shall
promptly submit such facts or information [40 CFR 122.41(1)(8)].
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Permit NC0025305
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 USC 1318, all reports prepared in accordance with the terms shall be available for
public inspection at the offices of the Division. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Clean Water Act.
G-14. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)].
G-15. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,
the permittee shall record the following information [40 CFR 122.411:
(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;
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Permit NCO025305
(e) The analytical techniques or methods used; and
(f) The results of such analyses.
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Permit NCO025305
PART H: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
H-1. Proper Operation and Maintenance
The permittee shall at all times:
(a) Properly operate and maintain all facilities and systems of treatment and control and related
appurtenances which are installed or used by the permittee to achieve compliance with the
conditions of this permit.
(b) Implement laboratory controls and quality assurance procedures for onsite labs and field
parameter testing.
(c) Operate back-up or auxiliary facilities or similar systems which are installed by a permittee only
when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR
122.41(e)].
H-2. Corrective Actions
The permittee shall take corrective actions if self -inspections required by this permit identify a need for
corrective actions, a facility fails to perform satisfactorily, or a facility creates nuisance conditions.
Corrective actions shall include, but not be limited to: maintenance, modifications, or additions to
existing control measures, the construction of additional or replacement treatment or disposal facilities,
or implementation of new BMPs. Corrective actions shall be completed as soon as possible considering
adverse weather and site conditions.
H-3. Draw Down of Treatment Facilities for Essential Maintenance
The permittee may draw down stormwater and wastewater treatment facilities if the drawdown is for
essential maintenance to assure efficient operation and one of the following conditions is met:
(a) Either treatment facilities shall be drawn down from the surface, or
(b) Analytical sampling data of the water stored in the treatment facility demonstrates that the
discharge will not exceed benchmarks or violate effluent limitations in this permit. The sampling
data shall be collected no more than 14 calendar days prior to the draw down.
H4. Bypasses of Stormwater Control Facilities
Bypass is prohibited, and the Division may take enforcement action against a pennittee for bypass
unless one 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
H6 of this permit.
If the Director determines that it will meet the three conditions listed above, the Director
may approve an anticipated bypass after considering its adverse effects.
Page 27 of 37
A'>fi:[tiI1I1►j�jtill�7
H-5. Upsets
Diversions of stormwater and wastewater from treatment facilities may be considered as an upset if the
permittee can demonstrate to the Director that all of the following conditions have been met. In any
enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of
proof.
(a) The permittee demonstrates that the upset was not caused by operational error, improperly
designed treatment or control facilities, lack of preventive maintenance, or careless or improper
operation.
(b) The permittee agrees to take remedial measures if necessary.
(c) The permittee submitted notice of the upset and identified the cause(s) of the upset as required
under part H6 of this permit.
H-6. Required Notice for Bypass or Upset
After a permittee becomes aware of an occurrence that must be reported, the permittee shall contact the
Division's Raleigh Regional Office within the timeframes and in accordance with the requirements
listed in Table 7 below. Occurrences outside normal business hours may also be reported to the
Department's Environmental Emergency Hotline at (800) 858-0368.
I atite s: Bvnass anti
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 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
H-7. SCM Clean -Out
SCMs must be cleaned out when sediment storage capacity equals or exceeds 50 percent of the design
sediment volume or if visible sedimentation is leaving the property.
H-8. 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.
Page 28 of 37
Permit NC0025305
PART I: COMPLIANCE AND LIABILITY
I-1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
(a) Facilities applying for permit renewal: All requirements, conditions, limitations, and controls
contained in this permit (except new S WPPP 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 B=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
122.411.
(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
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
Page 29 of 37
Permit NC0025305
second or subsequent conviction for a knowing endangerment violation, a person shall be subject
to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An
organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of
violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can
be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)].
(f) Under state law, a civil penalty of not more than $25,000 per violation may be assessed against
any person who violates or fails to act in accordance with the terms, conditions, or requirements
of a permit [North Carolina General Statutes § 143-215.6A].
(g) Any person may be assessed an administrative penalty by the Administrator for violating section
301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act.
Administrative penalties for Class I violations are not to exceed $20,628 per violation, with the
maximum amount of any Class I penalty assessed not to exceed $51,570. Penalties for Class II
violations are not to exceed $20,628 per day for each day during which the violation continues,
with the maximum amount of any Class II penalty not to exceed $257,848 [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)].
I-3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
permit which has a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
I-4. Civil and Criminal Liability
Except as provided in Part H=4 of this permit regarding bypassing of stormwater control facilities,
nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or
penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act,
33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily suspended.
I-5. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
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].
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
Page 30 of 37
Permit NC0025305
also furnish to the Director, upon request, copies of records required to be kept by this permit [40 CFR
122.41(h)].
I-9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under
this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a
violation committed after a first conviction of such person under this paragraph, punishment is a fine of
not more than $20,000 per day of violation, or by imprisonment of not more than four years, or both [40
CFR 122.41].
I-10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be maintained
under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not
more than six months per violation, or by both [40 CFR 122.41 ].
I-11. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
I-12. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of this
permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
I-13. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including
an authorized contractor acting as a representative of the Director), or in the case of a facility which
discharges through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials
and other documents as may be required by law, to:
(a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location [40
CFR 122.41(i)].
I-14. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to
halt or reduce the permitted activity in order to maintain compliance with the condition of this permit
[40 CFR 122.41(c)].
Page 31 of 37
Permit NCO025305
Page 32 of 37
Permit NC0025305
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 S WPPP 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.
EMC
The North Carolina Environmental Management Commission.
Part I, Page 33 of 37
Permit NC0025305
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 Raleigh Regional Office. Two
copies of this information and a written request letter shall be sent to the local DEMLR Raleigh
Regional Office. After authorization by the DEMLR Raleigh Regional Office, a written approval letter
must be kept on site in the permittee's SWPPP.
Municipal Separate Storm Sewer System (MS4)
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm -
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff. Industrial materials or activities include, but are not limited to, material handling equipment or
Part I, Page 34 of 37
Permit NCO025305
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 II1, Section 313
reporting requirements; and
(c) Meets at least one of the following criteria:
1. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
2. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the C WA at 40 CFR
116.4; or
Part I, Page 35 of 37
Permit NC0025305
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.
Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and which
is directly related to manufacturing, processing or raw material storage areas at an industrial site.
Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR
122.26(b)(14). The term does not include discharges from facilities or activities excluded from the
NPDES program.
Part I, Page 36 of 37
' - �li�"ii(i�C�ZIZIZ►i.7iZ1Z7.
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.
UUDset
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.
Part 1, Page 37 of 37
UNC Cogeneration Facility +' '�: • • '
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Latitude Longitude
Facility: 350 54' 23.6" N 790 3' 42.8" W
Outfall 001: 350 54' 20.5" N 79° 3' 42.1" W
Outfall 002 (SW): 35' 54' 21.3" N 790 3' 39.8" W
Outfall 003 (SW): 35' 54' 21.5" N 790 3' 39.7" W
Facility Location
Stream Class: WS IV, NSW
North
UNC Cogeneration Facility NCO025305
Subbasin: 03-06-06 HUC: 03030303
Receiving Stream: Unnamed tributary to Morgan Creek
Orange County