HomeMy WebLinkAbout20240231 Ver 1_DWR Stormwater_20240205
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
'%.%2!, 0%2-)4 ./ȁ .#'ΏΕ0000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
For establishments primarily engaged in the following activities:
7 ±¤§®´²¨¦Ǿ &®®£ £ +¨£±¤£
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all
owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a
Certificate of Coverage (COC) by the Environmental Management Commission to allow the £¨²¢§ ±¦¤ ®¥
²³®±¬¶ ³¤± ³® ³§¤ ²´±¥ ¢¤ ¶ ³¤±² ®¥ .®±³§ # ±®«¨ or to a separate storm sewer system conveying
discharges to surface waters in accordance with the terms and conditions set forth herein.
#®µ¤± ¦¤ ´£¤± ³§¨² '¤¤± « 0¤±¬¨³ ¨² ¯¯«¨¢ ¡«¤ ³®Ȁ
!All owners or operators of stormwater point source discharges associated with activities from
establishments primarily engaged in:
!Food and Kindred Products \[standard industrial classification (SIC) 20\]
!Tobacco Products (SIC 21)
!Soaps, Detergents and Cleaning Preparations, Perfumes, Cosmetics, and Other Toilet
Preparations (SIC 284)
!Drugs (SIC 283)
!Public Warehousing and Storage (SIC 4221-4225).
!3³®±¬¶ ³¤± point source discharges from like industrial activities deemed by The Division of
Energy, Mineral, and Land Resources (the Division) to be similar to these operations in the process,
or the discharges, or the exposure of raw materials, intermediate products, by-products, final
products, or waste products.
The General Permit shall become effective on July 1, 2021.
The General Permit shall expire at midnight on June 30, 2026.
th
Signed this 30day of June 2021.
/±¨¦¨ « ²¨¦¤£ ¡¸ "±¨ 7±¤
____________________________________________________________________
Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NCG060000
4!",% /& #/.4%.43
PART A NCG060000 0%2-)4 #/6%2!'%
PART B 34/2-7!4%2 0/,,54)/. 02%6%.4)/. 0,!. (SWPPP)
B-1. Responsible Party
B-2. General Location Map
B-3. Site Map
B-4. Narrative Description of Industrial Process
B-5. Feasibility Study
B-6. Evaluation of Stormwater Outfalls
B-7. Stormwater Best Management Practice (BMP) Summary
B-8. Secondary Containment Plan
B-9. Spill Prevention and Response Procedures
B-10. Solvent Management Plan
B-11. Preventative Maintenance and Good Housekeeping
B-12. Employee Training
B-13. Representative Outfall Status
B-14. Annual SWPPP Review and Update
B-15. Annual On-line SWPPP Certification (Forthcoming)
B-16. Notice to Modify the SWPPP
B-17. SWPPP Documentation
PART C /0%2!4)/.!, 2%15)2%-%.43
C-1. Operation and Maintenance of Treatment and Control Systems
C-2. Stormwater Control Measure (SCM) Clean-Out
C-3. Residuals Management
C-4. Corrective Actions
C-5. Draw Down of Treatment Facilities for Essential Maintenance
C-6. Bypasses of Stormwater Treatment Facilities
C-7. Upsets
C-8. Required Notices for Bypasses and Upsets
PART D 15!,)4!4)6% -/.)4/2).' /& 34/2-7!4%2 $)3#(!2'%3
D-1. Visual Inspections
D-2. Qualitative Monitoring Response
i
Permit No. NCG060000
PART E !.!,94)#!, -/.)4/2).' /& 34/2-7!4%2 $)3#(!2'%3
E-1. Required Baseline Monitoring
E-2. Baseline Sampling Benchmarks
E-3. Methodology for Collecting Samples
E-4. Locations for Collecting Samples
E-5. Tier I Response: Single Benchmark Exceedance
E-6. Tier II Response: Two Consecutive Benchmark Exceedances
E-7. Tier III Response: Four Benchmark Exceedances Within the Permit Term
PART F 35"-)44!, /& $)3#(!2'% -/.)4/2).' 2%0/243 Ȩ$-2²ȩ
F-1. Deadlines for Submittal
F-2. Submittal Process before Electronic Discharge Monitoring Reporting (eDMR)
F-3. Submittal Process after Electronic Discharge Monitoring Reporting (eDMR)
F-4. Results Below Detection Limits
F-5 Occurrences of No Discharge
F-6. Reports if More Frequent Monitoring Has Occurred
F-7. Report if Begin Discharging to a Waterbody Not Listed on the COC
F-8. Qualitative Monitoring Reports
F-9. Monitoring Report Retention
PART G /4(%2 /##52!.#%3 4(!4 -534 "% 2%0/24%$
PART H 0%2-)4 !$-).)342!4)/.
H-1. Signatory Requirements
H-2. General Permit Expiration
H-3. Planned Changes
H-4. Transfers
H-5. When an Individual Permit May be Required
H-6. When an Individual Permit May be Requested
H-7. General Permit Modification, Revocation and Reissuance, or Termination
H-8. Certificate of Coverage Actions
H-9. Requirement to Report Incorrect Information
H-10. Waivers from Electronic Reporting
H-11. Annual Administering and Compliance Monitoring Fee Requirements
H-12. Flow Measurements
H-13. Test Procedures
H-14. Availability of Reports
ii
Permit No. NCG060000
0!24 ) #/-0,)!.#% !.$ ,)!"),)49
I-1. Compliance Schedule
I-2. Duty to Comply
I-3. Duty to Mitigate
I-4. Civil and Criminal Liability
I-5. Oil and Hazardous Substance Liability
I-6. Property Rights
I-7. Severability
I-8. Duty to Provide Information
I-9. Penalties for Tampering
I-10. Penalties for Falsification of Reports
I-11. Onshore or Offshore Construction
I-12. Duty to Reapply
I-13. Inspection and Entry
I-14. Need to Halt or Reduce not a Defense
PART J DEFINITIONS
iii
Permit No. NCG060000
0!24 !: NCG060000 0%2-)4 #/6%2!'%
All persons desiring to have facilities covered by this General Permit must register with the Division
of Energy, Mineral, and Land Resources (the Division) by filing a Notice of Intent (NOI) and paying
the applicable fees. The NOI shall be submitted and a Certificate of Coverage (COC) issued prior to
any discharge of stormwater associated with industrial activity that has a point source discharge to
surface waters of the state or to a separate storm sewer system conveying discharges to surface
waters.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual National Pollutant Discharge Elimination System (NPDES) permit in
accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the
request. Any application for an individual permit shall be made at least 180 days prior to
commencement of discharge.
This General Permit does not cover activities or discharges covered by an individual NPDES permit
until the individual permit has been rescinded or revoked. Any person conducting an activity
covered by an individual permit, but which could be covered by this General Permit may request
that the individual permit be revoked and coverage under this General Permit be provided.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion
from permitting must submit a No Exposure Certification NOI form to the Division; must receive
approval from the Division; must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually.
Any facility may apply for new or continued coverage under this permit until a Total Maximum
Daily Load (TMDL) for pollutants for stormwater discharges is established. A TMDL is for one or
more watersheds with one or more impaired waters. The TMDL sets one or more pollutant-loading
limits that affects one or more watersheds, or portion of a watershed, draining to one or more
impaired waters. A list of approved TMDLs for the state of North Carolina can be found at
https://deq.nc.gov/about/divisions/water-resources/planning/modeling-assessment/tmdls. To
not be subject to the TMDL, each facility with one or more discharges to watersheds affected by a
TMDL must demonstrate it does not have reasonable potential to violate applicable water quality
standards for those pollutants identified in the TMDL as a result of discharges. If the Division
determines that discharges have reasonable potential to cause water quality standards violations,
the facility shall apply for an individual permit 180 days prior to the expiration date of this General
Permit. After that individual permit becomes effective, the facility will no longer have coverage
under this General Permit. Note although there is not a TMDL for every impaired water, the
permittee must identify impaired waters in the General Location Map, as outlined in the
Stormwater Pollution Prevention Plan (SWPPP), Part B of this permit. The Department of
Environmental Quality - Division of Water Resources integrated reports
(https://deq.nc.gov/about/divisions/water-resources/planning/modeling-assessment/water-
quality-data-assessment/integrated-report-files) include assessments of waters monitored in
North Carolina. Use the most recent final report to identify impaired waters.
Until this permit expires or is modified, revoked, or rescinded, the permittee is authorized to
discharge stormwater to the surface waters of North Carolina or a separate storm sewer system
which has been treated and managed in accordance with the terms and conditions of this General
COC.
Page 1 of 32
Permit No. NCG060000
COC is hereby incorporated by reference into this General Permit. Any violation of
the COC is a violation of this General Permit and subject to enforcement action as provided in the
General Permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The discharges allowed by this General Permit shall not cause or contribute to violations of Water
Quality Standards. Discharges allowed by this permit must meet applicable wetland standards as
outlined in 15A NCAC 2B .0230 and .0231 and water quality certification requirements as outlined
in 15A NCAC 2H .0500.
If activities covered by this permit expand or change after issuance of the COC such that the types of
discharges are affected, the permittee must first contact the Division to determine if modifications
to the COC are necessary.
r compliance with any other applicable
federal, state, or local law, rule, standard, ordinance, order, or decree.
Page 2 of 32
Permit No. NCG060000
0!24 B: 34/2-7!4%2 0/,,54)/. 02%6%.4)/. 0,!. Ȩ37000ȩ
The permittee shall develop 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 made available to the Director upon
request and also shall be sent to the Regional Office upon request. The SWPPP shall be considered
public information in accordance with I-8 of this General Permit.
The SWPPP shall include, at a minimum, the following items:
B-1. 2¤²¯®²¨¡«¤ 0 ±³¸
The SWPPP shall identify specific positions 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. '¤¤± « ,®¢ ³¨® - ¯
The General Location Map shall be a USGS quadrangle map or appropriately drafted equivalent map
that includes:
(a)!The facility's location in relation to transportation routes and surface waters;
(b)!The name of the receiving waters to which the stormwater outfalls discharge, or if the
discharge is to a municipal separate storm sewer system, the name of the municipality and
the ultimate receiving waters;
(c)!Any impaired receiving waters, use the most recent final integrated report
(https://deq.nc.gov/about/divisions/water-resources/planning/modeling-
assessment/water-quality-data-assessment/integrated-report-files) to identify impaired
waters;
(d)!If the site is in a watershed for which a TMDL has been established, include a list of the
parameters of concern (those exceeding water quality standards).
B-3. 3¨³¤ - ¯
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;
(c)!Buildings, roads, parking areas and other built-upon areas;
(d)!Industrial activity areas (including, but not limited to: vehicle maintenance
activities, metal fabrication of materials or equipment, storage of materials, disposal
areas, process areas, loading and unloading areas, and haul roads);
(e)!Stormwater discharge outfalls and a table of latitudes and longitudes;
(f)!Delineated drainage area for each outfall and a table of impervious percentage for
each drainage area;
(g)!Stormwater Control Measures (SCMs);
(h)!All stormwater collection/drainage features, structures and direction of flow;
Page 3 of 32
Permit No. NCG060000
(i)!On-site and adjacent surface waters and wetlands; and
(j)!A graphic scale and north arrow.
B-4. . ±± ³¨µ¤ $¤²¢±¨¯³¨® ®¥ )£´²³±¨ « 0±®¢¤²²¤²
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. &¤ ²¨¡¨«¨³¸ 3³´£¸
A review of the technical and economic feasibility of changing the methods of operations and/or
storage practices to eliminate or reduce exposure of materials and processes to rainfall and runoff
flows. Wherever practical, the permittee shall prevent exposure of all storage areas, material
handling operations, and manufacturing or fueling operations. In areas where elimination of
exposure is not practical, the review shall document the feasibility of diverting the stormwater
runoff away from areas of potential contamination.
B-6. %µ «´ ³¨® ®¥ 3³®±¬¶ ³¤± /´³¥ ««²
On an annual basis, the permittee shall evaluate all stormwater outfalls for the presence of non-
stormwater discharges.
(a)!If no non-stormwater discharges are present, the permittee shall certify the evaluation
results. This certification shall be dated and signed in accordance with the requirements
found in H-1 and retained with the SWPPP.
(b)!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.
A summary written record shall be dated and signed in accordance with the requirements
found in H-1 and retained with the SWPPP.
B-7. 3³®±¬¶ ³¤± "-0 Summary
The installation and implementation of BMPs shall be based on the assessment of the potential for
sources to contribute significant quantities of pollutants to stormwater discharges and on data
collected through monitoring of stormwater discharges. The BMP Summary shall be reviewed and
updated annually.
The BMP Summary shall include:
(a)!Written record of the specific rational for installation and implementation of the selected
site BMPs.
(b)!Structural and nonstructural practices to minimize the exposure and transport of materials
in stormwater.
(c)!BMPs for vehicle maintenance activities.
Page 4 of 32
Permit No. NCG060000
B-8. 3¤¢®£ ±¸ #®³ ¨¬¤³ 0«
In order to prevent leaks and spills from contaminating stormwater runoff, secondary containment
is required for: bulk storage of liquid materials including petroleum products; storage in any
amount of water priority chemicals listed in Section 313 of Title III of the Superfund Amendments
and Reauthorization Act (SARA); and storage of hazardous substances in any amount.
For facilities subject to the federal Spill Prevention, Control, and Countermeasure (SPCC)
regulation, the SPCC Plan may be used to support compliance with this requirement.
The Secondary Containment Plan shall include:
(a)!A table or summary of tanks and stored materials equipped with secondary containment
systems;
(b)!Manually activated valves or other similar devices that are securely closed with a locking
mechanism if the secondary containment devices are connected to the 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;
(d)!A commitment to only release accumulated stormwater that is uncontaminated by any
material; and
(e)!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. 3¯¨«« 0±¤µ¤³¨® £ 2¤²¯®²¤ 0±®¢¤£´±¤²
A responsible person shall be on-site at all times during facility operations that have
potential to contaminate stormwater runoff through spills or exposure of materials
associated with the facility operations. For facilities subject to the federal SPCC
regulation, the SPCC Plan may be used to support compliance with this requirement.
The Spill Prevention and Response Procedures (SPRP) shall include:
(a)!An assessment of areas of the facility where there is the potential for spills;
(b)!A list of trained facility personnel responsible for implementing the SPRP;
(c)!A signed and dated acknowledgement in which staff members accept responsibilities for the
SPRP;
(d)!An inventory of spill response materials and equipment and the locations for storing these
items;
(e)!Written procedures for proper cleanup and disposal of spilled materials; and
(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. So«µ¤³ - ¦¤¬¤³ 0«
The Solvent Management Plan shall be incorporated as a separate chapter into the Stormwater
Pollution Prevention Plan (SWPPP).
The Solvent Management Plan (SMP) shall include:
Page 5 of 32
Permit No. NCG060000
(a)!an annually updated and quantified inventory of solvents present on site during the
previous three years;
(b)!a narrative description of the facility locations and uses of solvents;
(c)!the method of disposal, including quantities disposed on-site and off-site; and
(d)!the management procedures and engineering measures for assuring that solvents do not
spill or leak into stormwater.
If solvents are not stored or used onsite, the owner must certify that in the SWPPP. The Division
may at is discretion require submittal, review, and approval of the SMP.
B-11. 0±¤µ¤³ ³¨µ¤ - ¨³¤ ¢¤ £ '®®£ (®´²¤ª¤¤¯¨¦ 0±®¦± ¬
A preventative maintenance and good housekeeping program (PMGHP) shall be developed and
implemented.
The PMGHP shall include:
(a)!A schedule of inspections, maintenance, and housekeeping measures for industrial activity
areas including, at a minimum, all material storage and handling areas, disposal areas,
process areas, loading and unloading areas, haul roads, and vehicle maintenance areas.
Inspections shall occur at a minimum on a quarterly schedule (January-March, April-June,
July-September, October-December).
(b)!A plan for disposing spent lubricants and fuels properly and in accordance with applicable
federal disposal regulations.
(c)!A record of inspections, maintenance, and housekeeping activities.
B-12. %¬¯«®¸¤¤ Training
Employee training shall be developed and provided on an annual basis for facility personnel
responsible for operations that have the potential to contaminate stormwater runoff. The training
shall be documented by the date, signature, and printed or typed name of each employee trained.
Signatures may be original or electronic.
The annual employee training shall include, at a minimum, the following topics:
(a)!General stormwater awareness;
(b)!The provisions of the current NCG060000 general permit.
(c)!Spill response training;
(d)!Used oil management;
(e)!Spent solvent management;
(f)!Secondary containment releases;
(g)!Fueling procedure;
(h)!Disposal of spent abrasives;
(i)!Sanding, painting, and blasting procedures, and
(j)!Used battery management.
Page 6 of 32
Permit No. NCG060000
B-13. 2¤¯±¤²¤³ ³¨µ¤ /´³¥ «« 3³ ³´²
If a facility has multiple discharge locations with substantially identical stormwater discharges that
are required to be sampled, the permittee may petition the Director for representative outfall status
(ROS). If it is established that the stormwater discharges are substantially identical and the
permittee is granted representative outfall status, then analytical sampling requirements may be
performed at a reduced number of outfalls.
If the Division has granted ROS, 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.
Central Office within thirty (30) days prior to the expiration of this General Permit to maintain ROS.
B-14. !´ « 37000 2¤µ¨¤¶ £ Update
All aspects of the SWPPP shall be reviewed and updated on an annual basis. The permittee shall
amend the SWPPP whenever there is a change in design, construction, operation, site drainage,
maintenance, or configuration of the physical features which may have a significant effect on the
potential for the discharge of pollutants to surface waters.
In addition, the SWPPP update shall include a review and comparison of sample analytical data to
benchmark values (if applicable) over the past year, including a discussion about Tiered Response
status. The permittee shall (DMR) form,
(https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-stormwater-gps).
B-15. !´ « /-,¨¤ 37000 #¤±³¨¥¨¢ ³¨® (Forthcoming)
After the Di the
permittee shall submit an on-line certification that the annual SWPPP review and update has been
completed in a manner that meets the conditions of this permit.
B-16. Not¨¢¤ ³® -®£¨¥¸ ³§¤ 37000
The Director may notify the permittee when the SWPPP does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time
schedule to the Director for modifying the SWPPP to meet minimum requirements. Upon
completion of the modifications, the permittee shall provide certification in writing in accordance
with H-1 and H-7 of this permit to the Director that the changes have been made.
B-17. 37000 $®¢´¬¤³ ³¨®
Copies of the SWPPP shall be maintained on-site and be available electronically to the Division
upon request. These records or copies shall be maintained for a period of at least five years. This
period may be extended by request of the Director at any time \[40 CFR 122.41\].
Page 7 of 32
Permit No. NCG060000
0!24 CȀ /0%2!4)/.!, REQUIREMENTS
Permitted operations shall be subject to the following operational requirements.
C-1. /¯¤± ³¨® £ - ¨³¤ ¢¤ ®¥ 4±¤ ³¬¤³ £ #®³±®« 3¸²³¤¬²
The permittee shall at all times:
(a)!Properly operate and maintain all facilities and systems of treatment and control and
related appurtenances which are installed or used by the permittee to achieve compliance
with the conditions of this permit.
(b)!Implement laboratory controls and quality assurance procedures for onsite laboratories
and/or on-site testing.
(c)!Operate back-up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of this
permit \[40 CFR 122.41(e)\].
C-2. SCM Clean-Out
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.
C-3. 2¤²¨£´ «² - ¦¤¬¤³
The residuals generated from treatment facilities must be disposed of in accordance with applicable
standards and in a manner such as to prevent any pollutants from such materials from entering
waters of the state or navigable waters of the United States.
C-4. C®±±¤¢³¨µ¤ !¢³¨®²
The permittee shall take corrective actions if: self-inspections required by this permit identify a
need for corrective actions, a facility fails to perform satisfactorily, or a facility creates nuisance
conditions.
Corrective actions shall include, but not be limited to: maintenance, modifications, or additions to
existing control measures, the construction of additional or replacement treatment or disposal
facilities, or implementation of new BMPs. Corrective actions shall be completed as soon as possible
considering adverse weather and site conditions.
C-5. $± ¶ $®¶ ®¥ 4±¤ ³¬¤³ & ¢¨«¨³¨¤² ¥®± %²²¤³¨ « - ¨³¤ ¢¤
The permittee may draw down stormwater treatment facilities if these conditions are met:
(a)!Treatment facilities shall be drawn down in a manner to ensure benchmarks
and/or limits are met;
(b)!Analytical sampling data of the water stored in the treatment facility
demonstrates that the discharge will not exceed benchmarks in this permit.
The sampling data shall be collected no more than 14 calendar days prior to
the draw down; and
(c)!The drawdown is for essential maintenance to assure efficient operation.
C-6. "¸¯ ²²¤² ®¥ 3³®±¬¶ ³¤± 4±¤ ³¬¤³ & ¢¨«¨³¨¤²
Bypass is prohibited, and the Division may take enforcement action against a permittee for bypass
unless the permittee provides engineering evidence that all three of the following conditions are
met:
Page 8 of 32
Permit No. NCG060000
(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 C-8 below.
C-7. Upsets
Diversions of stormwater from treatment facilities may be considered as an upset, rather than a
bypass, if the permittee can demonstrate to the Director that all of the following conditions have
been met. In any enforcement proceeding, the permittee seeking to establish the occurrence of an
upset has the burden of proof.
(a)!The permittee demonstrates that the upset was not caused by operational error, improperly
designed treatment or control facilities, lack of preventive maintenance, or careless or
improper operation.
(b)!The permittee agrees to take remedial measures if necessary.
(c)!The permittee submitted notice of the upset and identified the cause(s) of the upset as
required under Item C-8 below.
C-8. 2¤°´¨±¤£ .®³¨¢¤ ¥®± "¸¯ ²² ®± Upset
After a permittee becomes aware of an occurrence that must be reported, the permittee shall
contact the appropriate Division regional office within the timeframes and in accordance with the
requirements listed in Table 1 below. Occurrences outside normal business hours may also be
Hotline at (800) 858-0368.
4 ¡«¤ ΐȀ "¸¯ ²² £ 5¯²¤³ 2¤¯®±³¨¦ 2¤°´¨±¤¬¤³²
Event
2¤¯®±³¨¦ Requirements
\[40 CFR 122.41(m)(3)\]
Anticipated Bypass
7±¨³³¤ ±¤¯®±³ ³ «¤ ²³ ³¤ £ ¸² ¯±¨®± ³® ³§¤ ³¨¢¨¯ ³¤£ bypass.
The written report shall include an evaluation of the anticipated
quantity, quality, and effect of the bypass.
/± « ®± ¤«¤¢³±®¨¢ ®³¨¥¨¢ ³¨® ¶¨³§¨ ΕΗ §®´±² ®¥ ³§¤ ¤µ¤³Ǿ
Unanticipated Bypass or
Upset
and
7±¨³³¤ ±¤¯®±³ ¶¨³§¨ Κ ¢ «¤£ ± £ ¸² ®¥ ³§¤ ¤µ¤³ȁ The written
report shall include an evaluation of the quantity, quality, and effect
of the bypass.
Page 9 of 32
Permit No. NCG060000
0!24 DȀ 15!,)4!4)6% -/.)4/2).' /& 34/2-7!4%2 $)3#(!2'%3
The purpose of qualitative monitoring is to implement a quick and inexpensive way to evaluate the
effectiveness of the SWPPP, to identify the potential for new sources of stormwater
D-1. 6¨²´ « )²¯¤¢³¨®s
(a)!Visual inspections shall be made at each stormwater discharge outfall (SDO) that discharges
stormwater associated with industrial activity unless representative outfall status
specifically for visual monitoring has been approved in writing by the Division.
(b)!Visual inspections shall be performed concurrent with required analytical monitoring.
(c)!Visual inspections are not required to be performed outside of the fac
operating hours.
(d)!
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.
D-2. 1´ «¨³ ³¨µ¤ -®¨³®±¨¦ 2¤²¯®²¤
(a)!If the 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
kept in the SWPPP.
Page 10 of 32
Permit No. NCG060000
0!24 EȀ ANALYTICAL -/.)4/2).' /& 34/2-7!4%2 $)3#(!2'%S
This part applies to industrial stormwater discharges from covered activities.
E-1. 2¤°´¨±¤£ " ²¤«¨¤ Sampling
The permittee shall perform baseline sampling of all stormwater discharge outfalls and/or
authorized representative discharge outfalls in accordance with this part.
(a)!Grab samples shall be collected, analyzed, and reported for the parameters listed in Table 2.
(b)!Grab samples shall be analyzed for pH within 15 minutes of collection.
(c)!Fecal coliform sampling only applies to meat processing facilities that discharge to
freshwaters.
(d)!Enterococci sampling only applies to meat processing facilities that discharge to saltwaters.
(e)!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.
(f)!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.!January 1 March 31
ii.!April 1 June 30
iii.!July 1 September 30.
iv.!October 1 December 31
(g)!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.
E-2. " ²¤«¨¤ Sampling Benchmarks
(a)!Analytic results for each parameter shall be compared to the benchmark values for the
appropriate receiving stream classification as provided in Table 2. An exceedance of a
benchmark value is not a permit violation; however, failure to respond in accordance with
E-2(b) below is a permit violation.
(b)!An exceedance of any benchmark value shall require a tiered response for that outfall. A
single exceedance of a benchmark value shall require a Tier One response for that outfall.
Two benchmark value exceedances in a row shall require a Tier Two response for that
outfall. Four benchmark exceedances for a parameter within the permit term shall require
a Tier Three response for that outfall.
(c)!Baseline sampling benchmarks shall be in accordance with Table 2 below.
Page 11 of 32
Permit No. NCG060000
4 ¡«¤ ΑȀ 3´¬¬ ±¸ ®¥ Quarterly " ²¤«¨¤ Sampling Requirements
0 ± ¬¤³¤± 2¤¢¤¨µ¨¦ 3³±¤ ¬
Parameter Units Benchmark
Code Classifications
mg/L 100
Total Suspended Solids
CO530
(TSS)
HQW, ORW, Tr, PNA
mg/L 50
Freshwater Standard 6.0-9.0
1
00400 pH
Saltwater Standard 6.8-8.5
Chemical Oxygen Demand
00340 All mg/L 120
(COD)
# per 100 mL
2
31616 Fecal Coliform Freshwater 1000
of Freshwater
# per 100 mL
3
61211 Enterococci Saltwater 500
of Saltwater
Total Rainfall of Sampled
46529 - Inches -
Event
&®± µ¤§¨¢«¤ ®± ¤°´¨¯¬¤³ ¬ ¨³¤ ¢¤ ±¤ ² ¨ ¶§¨¢§ ¬®±¤ ³§ ΔΔ ¦ ««®² ®¥ ¬®³®± ®¨«
£ȝ®± §¸£± ´«¨¢ ®¨« ±¤ ´²¤£ ¯¤± ¬®³§ ¶§¤ µ¤± ¦¤£ ®µ¤± ³§¤ ¢ «¤£ ± ¸¤ ±.
Non-Polar Oil & Grease
00552 per EPA Method 1664 SGT-All mg/L 15
HEM
Average Monthly Oil Usage
NCOIL - Gallons/month -
at the Facility
1
Grab samples shall be analyzed for pH within 15 minutes of collection.
2
&¤¢ « ¢®«¨¥®±¬ sampling is applicable only to ¬¤ ³ ¯±®¢¤²²¨¦ ¥ ¢¨«¨³¨¤² that discharge to freshwaters.
3
Enterococci sampling is applicable only to ¬¤ ³ ¯±®¢¤²²¨¦ ¥ ¢¨«¨³¨¤² that discharge to saltwaters.
E-3. -¤³§®£®«®¦¸ ¥®± Collecting Samples
(a)!Outfall monitoring efforts shall begin with the first measurable storm event in the
monitoring period that meets all the following conditions:
i.!Occurs at least 72 hours after the previous measurable storm event
unless E-3(b) applies,
ii.!
iii.!Does not coincide with adverse weather conditions, and
iv.!Is characteristic of the volume and nature of the permitted discharge.
(b)!The 72-hour storm interval may not apply if:
i.!The permittee is able to document that a shorter interval is representative for
local storm events during the sampling period, and
ii.!The pe
iii.!
SWPPP.
Page 12 of 32
Permit No. NCG060000
(c)!Grab samples shall be collected within the first 30 minutes of discharge from an outfall and
continue until all outfalls that are discharging have been sampled.
(d)!Outfalls that are not sampled during the first measurable storm event in the monitoring
period shall be sampled during the next measurable storm event in the monitoring period
until a sample has been collected.
(e)!If, during the entire monitoring period, there is no discharge from an outfall during any
measurable storm event then the permittee shall:
i.!
ii.!SWPPP, and
iii.!Submit the DMR within 30 days after the end of the monitoring period.
(f)!Lack of a discharge from an outfall for the monitoring period shall not constitute failure to
monitor as long as the above permit conditions are met.
(g)!If the sampled storm event coincides with a known non-stormwater discharge that is
deemed permitted under 15A NCAC 02 .0106, then this shall be noted on the DMR.
E-4. ,®¢ ³¨®² ¥®± #®««¤¢³¨¦ 3 ¬¯«¤²
Samples shall be collected at all stormwater discharge outfalls (SDO) that discharge stormwater
associated with industrial activity. If the Division has issued a representative outfall status
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 General Permit shall not be changed without written
notification to and approval by the Division \[40 CFR 122.41(j)\].
E-5. 4¨¤± /¤ ResponseȀ 3¨¦«¤ "¤¢§¬ ±ª %·¢¤¤£ ¢¤
The facility will remain in Tier One status until three consecutive samples are under the benchmark
or are inside the benchmark range for all parameters.
(a)!If any sampling result is above the benchmark value for any parameter at any outfall, then
the permittee shall respond in accordance with Table 3 to identify and address the source of
that exceedance for that parameter.
(b)!Each required response shall be documented in the SWPPP as each action occurs including;
the date and value of the benchmark exceedance, the date 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 3 below.
4 ¡«¤ ΒȀ 4¨¤± /¤ 2¤²¯®²¤ for "¤¢§¬ ±ª %·¢¤¤£ nce
4¨¬¤«¨¤ &±®¬
4¨¤± One 2¤°´¨±¤£ 2¤²¯®²¤ȝAction
2¤¢¤¨¯³ ®¥ 3 ¬¯«¨¦
Results
Continuously
i.!Document the exceedance and each required response/action in the
SWPPP in accordance with E-5(b) above.
Page 13 of 32
Permit No. NCG060000
Within two weeks
ii.!
email or, when it is developed, an electronic form created by the Division
for reporting exceedances.
iii.!Conduct a stormwater management inspection.
iv.!Identify and evaluate possible causes of the benchmark exceedance.
Within one month
v.!Select specific, feasible courses of action to reduce concentrations of the
parameter(s) of concern including, but not limited to, source controls,
operational controls, or physical improvements.
Within two months
vi.!Implement the selected feasible actions.
E-6. 4¨¤± Two 2¤²¯®²¤Ȁ 4¶® #®²¤¢´³¨µ¤ "¤¢§¬ ±ª %·¢¤¤£ ¢¤s
The facility will remain in Tier Two status until three consecutive samples are under the
benchmark or are inside the benchmark range for all parameters.
(a)!If any two consecutive sampling results in a row for the same parameter are above the
benchmark value at an outfall, then the permittee shall respond in accordance with Table 4
to identify and address the source of exceedances for that parameter.
(b)!After implementing the specific feasible courses of action, perform monthly monitoring at
every outfall where a sampling result exceeded the benchmark value for two consecutive
samples for all parameters until three samples in a row are below the benchmark value or
are inside the benchmark range.
(c)!Each required response shall be documented in the SWPPP as each action occurs including;
the dates and values of the benchmark exceedances, the date
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.
(e)!The Tier Two response shall be in accordance with Table 4 below.
(f)!Alternatively, in lieu of the Tier Two response, the permittee may, after two consecutive
exceedances, implement a Tier Three response.
4 ¡«¤ ΓȀ 4¨¤± 4¶® 2¤²¯®²¤ for 4¶® #®²¤¢´³¨µ¤ "¤¢§¬ ±ª %·¢¤¤£ ¢¤²
4¨¬¤«¨¤ &±®¬
4¨¤± Two 2¤°´¨±¤£ 2¤²¯®²¤ȝAction
2¤¢¤¨¯³ ®¥ 3 ¬¯«¨¦
Results
Continuously
i.!Document the exceedance and each required response/action in the
SWPPP in accordance with E-6(c) above.
Within two weeks
ii.!Notify in writing of the exceedance date
and value.
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.
Page 14 of 32
Permit No. NCG060000
Within two months
vi.!Implement the selected feasible actions.
vii.!Implement monthly monitoring at every outfall where a sampling result
exceeded the benchmark value for two consecutive samples for ««
parameters until three samples in a row are below the benchmark
value.
E-7. 4¨¤± Three 2¤²¯®²¤Ȁ &®´± "¤¢§¬ ±ª %·¢¤¤£ ¢¤² 7¨³§¨ ³§¤ 0¤±¬¨³ 4¤±¬
The facility will remain in Tier Three status until three consecutive samples are under the
benchmark or are inside the benchmark range for all parameters.
(a)!If any four sampling results within the permit term for any single parameter are above the
benchmark value at a sampled outfall, then the permittee shall respond in accordance with
Table 5 to identify and address the source of exceedances for that parameter at that outfall.
(b)!The permittee shall prepare a written Action Plan and submit to
Office for review and approval within thirty (30) days of receipt of the fourth analytic
monitoring data point that exceeds the benchmark value. At a minimum, the Action Plan
shall include:
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)!ce when all actions in the Action Plan
are completed.
(e)!The Tier Three response shall be in accordance with Table 5 below.
4 ¡«¤ ΔȀ 4¨¤± Three 2¤²¯®²¤ ¥®± Four "¤¢§¬ ±ª %·¢¤¤£ ¢¤² 7¨³§¨ ³§¤ 0¤±¬¨³ 4¤±¬
4¨¬¤«¨¤ &±®¬
4¨¤± Three 2¤°´¨±¤£ 2¤²¯®²¤ȝAction
2¤¢¤¨¯³ ®¥ &®´±³§
3 ¬¯«¨¦ 2¤²´«³
Continuously
i.!Document the exceedances and each required response/action in the
SWPPP in accordance with E-7(c) above.
ii.!Implement or continue monthly monitoring for all parameters at the
subject outfall and continue until three samples in a row are below the
benchmark value.
Within two weeks
iii.!Notify 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.
Page 15 of 32
Permit No. NCG060000
Within one month
vi.!Prepare an Action Plan that should include specific, feasible courses of
action to reduce concentrations of the parameter(s) of concern
including, but not limited to, source controls, operational controls, or
physical improvements and submit for
review and approval.
Upon DEQ Approval
vii.!Implement the approved Action Plan.
Upon Completion of
viii.!Notify of Action Plan completion.
Approved Action Plan
Page 16 of 32
Permit No. NCG060000
0!24 F: 35"-)44!, /& $)3#(!2'% -/.)4/2).' 2%0/243 (DMRs)
F-1. Deadlines ¥®± 3´¡¬¨³³ « ®¥ $¨²¢§ ±¦¤ -®¨³®±¨¦ 2¤¯®±³²
Discharge Monitoring Reports (DMRs) shall be submitted in accordance with Table 6 below. For
COCs issued between March 1-31, June 1-30, September 1-30, or Dec 1-31, sampling shall not
commence until the next sampling period following initial issuance of the COC.
Table 6Ȁ 2¤¯®±³¨¦ 2¤°´¨±¤¬¤³²
-®¨³®±¨¦ 0¤±¨®£ $-2 4¸¯¤ Deadline Notes
30 days after the The deadline to register
1
July 1, 2021 Sep 30, 2021 Paper
monitoring period ends in eDMR is July 1, 2021
30 days after the
1
Oct 1, 2021 Dec 31, 2021 Paper
monitoring period ends
Jan 1, 2022 Mar 30, 2022
30 days after the The deadline to report in
2
Electronic
And all subsequent
monitoring period ends eDMR is Jan 1, 2022
monitoring periods
1
Paper DMRs will be submitted in accordance with F-2.
2
Electronic DMRs will be submitted in accordance with F-3.
F-2. 3´¡¬¨³³ « 0±®¢¤²² ¡¤¥®±¤ %«¤¢³±®¨¢ $¨²¢§ ±¦¤ -®¨³®±¨¦ 2¤¯®±³¨¦ Ȩ¤$-2ȩ
Prior to eDMR, samples analyzed in accordance with the terms of this General Permit shall be
reported as follows:
(a) Sample results shall be recorded on Discharge Monitoring Report (DMR) forms provided by
the Director. DMR forms are available on the website
https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-industrial-
stormwater.)
(b) DMRs shall be signed and certified by a person meeting the Signatory requirements in H-1.
(c) Original, signed DMR forms shall be scanned and uploaded to the electronic DMR submittal
deq.nc.gov/SW-Industrial
(d) Then, the original signed DMR Forms shall be mailed or otherwise delivered to the
appropriate Regional Office, which is indicated at: https://deq.nc.gov/contact/regional-
offices/.
F-3. 3´¡¬¨³³ « 0±®¢¤²² ¥³¤± %«¤¢³±®¨¢ $¨²¢§ ±¦¤ -®¨³®±¨¦ 2¤¯®±³¨¦ Ȩ¤$-2ȩ
Unless otherwise informed by the Director, permittees shall register in eDMR prior to July 1, 2021
and shall begin reporting discharge monitoring data using eDMR on January 1, 2022. Information
https://deq.nc.gov/deq.nc.gov/sw-edmr
Page 17 of 32
Permit No. NCG060000
F-4. 2¤²´«³² "¤«®¶ $¤³¤¢³¨® ,¨¬¨³²
When results are below detection limit, where XX
is the numerical value of the detection limit.
F-5. /¢¢´±±¤¢¤² ®¥ .® $¨²¢§ ±¦¤
If no discharge occurs during the sampling period, the permittee must record within 30 days of the
reported on the Discharge Monitoring Report (DMR).
F-6. 2¤¯®±³² ¨¥ -®±¤ &±¤°´¤³ -®¨³®±¨¦ ( ² /¢¢´±±¤£
If the permittee monitors any pollutant more frequently than required by this General Permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this
General Permit, the results of such monitoring shall be included in the data submitted on the DMR.
Analytical results within the monitoring period shall be submitted no later than 30 days from the
date the facility receives all the sampling results. For purposes of benchmark comparison and
Tiered response actions, the permittee shall use the analytical results from the first sample with
valid results. The permittee is encouraged to take more samples than required during a monitoring
period to help identify potential causes of exceedances. When taking additional samples, the
permittee may not use the additional sample with lowest results for compliance purposes to avoid
taking actions to identify causes of parameter exceedances. Additional sampling is only for
informational purposes.
F-7. Report ¨¥ "¤¦¨ $¨²¢§ ±¦¨¦ ³® 7 ³¤±¡®£¸ .®³ ,¨²³¤£ ® ³§¤ #/#
The permittee shall request a modification to the COC from the Division prior to discharging from a
new SDO to a waterbody that is not listed on the most current COC.
F-8. 1´ «¨³ ³¨µ¤ -®¨³®±¨¦ 2¤¯®±³²
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site.
Qualitative monitoring results shall not be submitted to the Division, except upon the
specific requirement to do so. Qualitative Monitoring Report forms are available on the
website (https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-stormwater-
gps).
F-9. -®¨³®±¨¦ 2¤¯®±³ 2¤³¤³¨®
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 5 years
from the date of the sample, measurement, report or Notice of Intent application. This period may
be extended by request of the Director at any time \[40 CFR 122.41\].
(a)!Calibration and maintenance records,
(b)!Original 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 Notice of Intent to be covered by this General Permit.
Page 18 of 32
Permit No. NCG060000
PART GȀ /4(%2 /##52%.#%3 4(!4 -534 "% 2%0/24%$
After a permittee becomes aware of an occurrence that must be reported, the permittee shall
contact the appropriate Division regional office within the timeframes and in accordance with the
other requirements listed in Table 7 below. Occurrences outside normal business hours may also
-0368.
4 ¡«¤ 7: /³§¤± /¢¢´±±¤¢¤² ³§ ³ 3§ «« "¤ 2¤¯®±³¤£
2¤¯®±³¨¦ 4¨¬¤¥± ¬¤² Ȩ!¥³¤± $¨²¢®µ¤±¸ȩ £
Occurrence
/³§¤± 2¤°´¨±¤¬¤³²
Visible sedimenta tion in a stream
(a)!7¨³§¨ ΕΗ §®´±², an oral or electronic notification.
or wetland
(b)!7¨³§¨ Κ ¢ «¤£ ± £ ¸², a report that contains a description of the
sediment and actions taken to address the cause of the deposition.
Division staff may waive the requirement for a written report on a
case-by-case basis.
(c)!If the stream is listed as impaired on the DWR Integrated Report for
sediment-related causes, the permittee may be required to perform
additional monitoring, inspections or apply more stringent practices
if staff determine that additional requirements are needed to assure
compliance with the federal or state impaired-waters conditions.
Oil spills if they are:
!25 gallons or more,
!less than 25 gallons but cannot
(d)!7¨³§¨ ΕΗ §®´±², an oral or electronic notification. The notification
be cleaned up within 24 hours,
shall include information about the date, time, nature, volume and
!cause sheen on surface waters
location of the spill or release.
(regardless of volume), or
!are within 100 feet of surface
waters (regardless of volume).
Releases of hazardous
substances in excess of
reportable quantities under
(e)!7¨³§¨ ΕΗ §®´±², an oral or electronic notification. The notification
Section 311 of the CWA Ref: 40
shall include information about the date, time, nature, volume and
CFR 110.3and 40 CFR 117.3) or location of the spill or release.
section 102 of CERCLA (Ref: 40
CFR 302.4) or G.S. 143-215.85
Anticipated bypasses
(f)!! ±¤¯®±³ ³ «¤ ²³ ³¤ £ ¸² ¡¤¥®±¤ ³§¤ £ ³¤ ®¥ ³§¤ bypassǾ ¨¥ ¯®²²¨¡«¤.
The report shall include an evaluation of the anticipated quality and
\[40 CFR 122.41(m)(3)\]
effect of the bypass.
Unanticipated bypasses
(g)!7¨³§¨ ΕΗ §®´±², an oral or electronic notification.
(h)!7¨³§¨ Κ ¢ «¤£ ± £ ¸²Ǿ a report that includes an evaluation of the
\[40 CFR 122.41(m)(3)\]
quality and effect of the bypass.
Noncompliance with the
(i)!7¨³§¨ ΕΗ §®´±², an oral or electronic notification.
conditions of this permit that
(j)!7¨³§¨ Κ ¢ «¤£ ± £ ¸², a report containing a description of the
may endanger health or the
noncompliance, and its causes; the period of noncompliance,
environment
including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time noncompliance is expected to
\[40 CFR 122.41(l)(7)\]
continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. \[40 CFR 122.41(l)(6).
(k)!Division staff may waive the requirement for a written report on a
case-by-case basis.
Page 19 of 32
Permit No. NCG060000
0!24 HȀ 0%2-)4 !$-).)342!4)/.
H-1. 3¨¦ ³®±¸ 2¤°´¨±¤¬¤³²
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed
and certified \[40 CFR 122.41(k)\].
(a)!All Notices of Intent to be covered under this General Permit shall be signed as follows:
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 this General Permit and other information requested by the Permit
Issuing Authority shall be signed by a person described in paragraph (a) above or by a duly
authorized representative of that person. A person is a duly authorized representative only
if:
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 Permit Issuing Authority \[40
CFR 122.22\].
(c)!Changes to authorization: If an authorization under paragraph (b) of this section is no
longer accurate because a different individual or position has responsibility for the overall
operation of the facility, a new authorization satisfying the requirements of paragraph (b) of
this section must be submitted to the Director prior to or together with any reports,
information, or applications to be signed by an authorized representative \[40 CFR 122.22\].
Page 20 of 32
Permit No. NCG060000
(d)!Any person signing a document under paragraphs (a) or (b) of this section, or submitting an
electronic report (e.g., eDMR), shall make the following certification \[40 CFR 122.22\]. No
other statements of certification will be accepted.
͗) ¢¤±³¨¥¸Ǿ ´£¤± ¯¤ «³¸ ®¥ « ¶Ǿ ³§ ³ ³§¨² £®¢´¬¤³ £ «« ³³ ¢§¬¤³² ¶¤±¤ ¯±¤¯ ±¤£ ´£¤±
¬¸ £¨±¤¢³¨® ®± ²´¯¤±µ¨²¨® ¨ ¢¢®±£ ¢¤ ¶¨³§ ²¸²³¤¬ £¤²¨¦¤£ ³® ²²´±¤ ³§ ³ °´ «¨¥¨¤£
¯¤±²®¤« ¯±®¯¤±«¸ ¦ ³§¤± £ ¤µ «´ ³¤ ³§¤ ¨¥®±¬ ³¨® ²´¡¬¨³³¤£ȁ " ²¤£ ® ¬¸ ¨°´¨±¸ ®¥ ³§¤
¯¤±²® ®± ¯¤±²®² ¶§® ¬ ¦¤ ³§¤ ²¸²³¤¬Ǿ ®± ³§®²¤ ¯¤±²®² £¨±¤¢³«¸ ±¤²¯®²¨¡«¤ ¥®± ¦ ³§¤±¨¦
³§¤ ¨¥®±¬ ³¨®Ǿ ³§¤ ¨¥®±¬ ³¨® ²´¡¬¨³³¤£ ¨²Ǿ ³® ³§¤ ¡¤²³ ®¥ ¬¸ ª®¶«¤£¦¤ £ ¡¤«¨¤¥Ǿ ³±´¤Ǿ
¢¢´± ³¤Ǿ £ ¢®¬¯«¤³¤ȁ ) ¬ ¶ ±¤ ³§ ³ ³§¤±¤ ±¤ ²¨¦¨¥¨¢ ³ ¯¤ «³¨¤² ¥®± ²´¡¬¨³³¨¦ ¥ «²¤
¨¥®±¬ ³¨®Ǿ ¨¢«´£¨¦ ³§¤ ¯®²²¨¡¨«¨³¸ ®¥ ¥¨¤² £ ¨¬¯±¨²®¬¤³ ¥®± ª®¶¨¦ µ¨®« ³¨®²ȁ͗
H-2. Gen¤± « 0¤±¬¨³ %·¯¨± ³¨®
General permits will be effective for a term not to exceed five years, at the end of which the Division
may renew them after all public notice requirements have been satisfied. If a general permit is
renewed, existing permittees do not need to submit a renewal request or pay a renewal fee unless
directed by the Division. New applicants seeking coverage under a renewed general permit must
submit a Notice of Intent (NOI) to be covered and obtain a Certificate of Coverage under the
renewed general permit \[15A NCAC 02H .0127(e)\].
H-3. 0« ¤£ #§ ¦¤²
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 \[40
CFR 122.41(l)\]. This notification requirement includes pollutants which are not specifically listed in
the General Permit or subject to notification requirements under 40 CFR Part 122.42 (a).
H-4. Transfers
This General Permit is not transferable to any person without prior written notice to and approval
from the Director in accordance with 40 CFR 122.61. The Director may condition approval in
accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require
modification or revocation and reissuance of the Certificate of Coverage, or a minor modification, to
identify the new permittee and incorporate such other requirements as may be necessary under the
CWA \[40 CFR 122.41(l)(3), 122.61\] or state statute. The permittee is required to notify the Division
in writing in the event the permitted facility is sold or closed.
H-5. 7§¤ )£¨µ¨£´ « 0¤±¬¨³ - ¸ ¡¤ 2¤°´¨±¤£
The Director may require any owner/operator authorized to discharge under a Certificate of
Coverage issued pursuant to this General Permit to apply for and obtain an individual permit or an
alternative general permit. Any interested person may petition the Director to take action under
this paragraph. Cases where an individual permit may be required include, but are not limited to,
the following:
(a)!The discharger is a significant contributor of pollutants;
(b)!Conditions at the permitted site change, altering the constituents and/or characteristics of
the discharge such that the discharge no longer qualifies for a general permit;
(c)!The discharge violates the terms or conditions of this General Permit;
(d)!A change has occurred in the availability of demonstrated technology or practices for the
control or abatement of pollutants applicable to the point source;
(e)!Effluent limitations are promulgated for the point sources covered by this General Permit;
Page 21 of 32
Permit No. NCG060000
(f)!A water quality management plan containing requirements applicable to such point sources
is approved after the issuance of this General Permit;
(g)!The Director determines at his or her own discretion that an individual permit is required.
H-6. 7§¤ )£¨µ¨£´ « 0¤±¬¨³ - ¸ ¡¤ 2¤°´¤²³¤£
Any permittee operating under this General Permit may request to be excluded from the coverage
of this General Permit by applying for an individual permit. When an individual permit is issued to
an owner/operator the applicability of this General Permit is automatically terminated on the
effective date of the individual permit.
H-7. '¤¤± « 0¤±¬¨³ -®£¨¥¨¢ ³¨®Ǿ 2¤µ®¢ ³¨® £ 2¤¨²²´ ¢¤Ǿ ®± 4¤±¬¨ ³¨®
The issuance of this General Permit does not prohibit the Permit Issuing Authority from reopening
and modifying the General Permit, revoking and reissuing the General Permit, or terminating the
General Permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal
Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter
2H .0100; and North Carolina General Statute 143-215.1 et al. After public notice and opportunity
for a hearing, the General Permit may be terminated for cause. The filing of a request for a General
Permit modification, revocation and reissuance, or termination does not stay any General Permit
condition. The Certificate of Coverage shall expire when the General Permit is terminated.
H-8. #¤±³¨¥¨¢ ³¤ ®¥ #®µ¤± ¦¤ !¢³¨®²
Coverage under the General Permit may be modified, revoked and reissued, or terminated for cause.
The notification of planned changes or anticipated noncompliance does not stay any General Permit
condition \[40 CFR 122.41(f)\].
H-9. 2¤°´¨±¤¬¤³ ³® 2¤¯®±³ )¢®±±¤¢³ )¥®±¬ ³¨®
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent
to be covered under this General Permit, or submitted incorrect information in that Notice of Intent
application or in any report to the Director, it shall promptly submit such facts or information \[40
CFR 122.41(l)(8)\].
H-10. 7 ¨µ¤±² ¥±®¬ %«¤¢³±®¨¢ 2¤¯®±³¨¦
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. See the following paragraph for information on how to
request a waiver from electronic reporting.
To obtain a temporary electronic reporting waiver, the permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting waivers
must be submitted in writing to the Division for written approval at least sixty (60) days prior to
the date the facility would be required under this permit to begin submitting monitoring data and
reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire.
At such time, monitoring data and reports shall be submitted electronically to the Division unless
the permittee re-applies for and is granted a new temporary electronic reporting waiver by the
Division. Approved electronic reporting waivers are not transferrable. Only permittees with an
approved reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Page 22 of 32
Permit No. NCG060000
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page: https://deq.nc.gov/about/divisions/water-resources/edmr
H-11. !´ « !£¬¨¨²³¤±¨¦ £ #®¬¯«¨ ¢¤ -®¨³®±¨¦ &¤¤ 2¤°´¨±¤¬¤³²
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 the
General Permit.
H-12. &«®¶ -¤ ²´±¤¬¤³²
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.
H-13. 4¤²³ 0±®¢¤£´±¤²
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS l43-2l5.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this General Permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported down to
the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below the General Permit
discharge requirements, then the most sensitive (method with the lowest possible detection and
reporting level) approved method must be used.
H-14. !µ ¨« ¡¨«¨³¸ ®¥ 2¤¯®±³²
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for
public inspection at the offices of the Division. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in
the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the
Federal Clean Water Act.
Page 23 of 32
Permit No. NCG060000
0!24 IȀ #/-0,)!.#% !.$ ,)!"),)49
I-1. #®¬¯«¨ ¢¤ 3¢§¤£´«¤
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
(a)!Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12
months of the effective date of the Certificate of Coverage and updated thereafter on an
annual basis. Secondary containment, as specified in B-9 of this General Permit, shall be
accomplished within 12 months of the effective date of the issuance of the Certificate of
Coverage.
(b)!New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention
Plan shall be developed and implemented prior to the beginning of discharges from the
operation of the industrial activity and be updated thereafter on an annual basis. Secondary
containment, as specified in Part B of this General Permit shall be accomplished prior to the
beginning of discharges from the operation of the industrial activity.
(c)!Existing facilities previously permitted and applying for renewal under this General Permit:
All requirements, conditions, limitations, and controls contained in this permit (except new
SWPPP elements in this permit renewal) shall become effective immediately upon issuance
of the Certificate of Coverage. New elements of the Stormwater Pollution Prevention Plan
for this permit renewal shall be developed and implemented within 6 months of the
effective date of this General Permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part B of this General Permit shall be accomplished prior to the
beginning of discharges from the operation of the industrial activity.
I-2. $´³¸ ³® #®¬¯«¸
The permittee must comply with all conditions of this General Permit. Any permit noncompliance
constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal
application \[40 CFR 122.41\].
(a)!The permittee shall comply with standards or prohibitions established under section 307(a)
of the CWA for toxic pollutants within the time provided in the regulations that establish
these standards or prohibitions, even if the General Permit has not yet been modified to
incorporate the requirement \[40 CFR 122.41\].
(b)!The CWA provides that any person who violates section\[s\] 301, 302, 306, 307, 308, 318 or
405 of the Act, or any permit condition or limitation implementing any such sections in a
permit issued under section 402, or any requirement imposed in a pretreatment program
approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not
to exceed $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 \[33 USC 1319(c)(1) and 40
CFR 122.41(a)(2)\].
Page 24 of 32
Permit No. NCG060000
(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 ª®¶¨¦«¸ violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any of such sections in a permit
issued under section 402 of the Act, and who knows at that time that he thereby places
another person in imminent danger of death or serious bodily injury, shall, upon conviction,
be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years,
or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment
of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii)
of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to
a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or
subsequent convictions \[40 CFR 122.41(a)(2)\].
(f)!Under state law, a civil penalty of not more than $25,000 per violation may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit \[North Carolina General Statutes § 143-215.6A\].
(g)!Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act.
Administrative penalties for Class I violations are not to exceed $20,628 per violation, with
the maximum amount of any Class I penalty assessed not to exceed $51,570. Penalties for
Class II violations are not to exceed $20,628 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed $257,848. \[33
USC 1319(g)(2) and 40 CFR 122.41(a)(3)\].
I-3. $´³¸ ³® -¨³¨¦ ³¤
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of
this General Permit which has a reasonable likelihood of adversely affecting human health or the
environment \[40 CFR 122.41(d)\].
I-4. #¨µ¨« £ #±¨¬¨ « ,¨ ¡¨«¨³¸
Except as provided in C-6 of this General 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 l43-2l5.3, l43-2l5.6, 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. /¨« £ ( ¹ ±£®´² 3´¡²³ ¢¤ ,¨ ¡¨«¨³¸
Nothing in this General Permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or
may be subject to under NCGS l43-2l5.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
Page 25 of 32
Permit No. NCG060000
I-6. 0±®¯¤±³¸ 2¨¦§³²
The issuance of this General Permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations \[40
CFR 122.41(g)\].
I-7. Severability
The provisions of this General Permit are severable, and if any provision of this General Permit, or
the application of any provision of this General Permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this General Permit,
shall not be affected thereby \[NCGS 150B-23\].
I-8. $´³¸ ³® 0±®µ¨£¤ )¥®±¬ ³¨®
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating the COC issued pursuant to this General Permit
or to determine compliance with this General Permit. The permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required to be kept by this General Permit \[40
CFR 122.41(h)\].
I-9. 0¤ «³¨¤² ¥®± 4 ¬¯¤±¨¦
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this General Permit
shall, upon conviction, be punished by a fine of not more than $l0,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person under this paragraph, punishment
is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4
years, or both \[40 CFR 122.41\].
I-10. 0¤ «³¨¤² ¥®± & «²¨¥¨¢ ³¨® ®¥ 2¤¯®±³²
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this General Permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $l0,000 per violation,
or by imprisonment for not more than two years per violation, or by both \[40 CFR 122.41\].
I-11. /²§®±¤ ®± /¥¥²§®±¤ #®²³±´¢³¨®
This General Permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
I-12. $´³¸ ³® 2¤ ¯¯«¸
Dischargers covered by this General Permit need not submit a new Notice of Intent (NOI) or
renewal request unless so directed by the Division. If the Division chooses not to renew this General
Permit, the permittee will be notified to submit an application for an individual permit \[15A NCAC
02H .0127(e)\].
Page 26 of 32
Permit No. NCG060000
I-13ȁ )²¯¤¢³¨® £ %³±¸
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to:
(a)!Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this General Permit;
(b)!Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this General Permit;
(c)!Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this General Permit; and
(d)!Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location \[40 CFR 122.41(i)\].
I-14. .¤¤£ ³® ( «³ ®± 2¤£´¢¤ .®³ $¤¥¤²¤
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
General Permit \[40 CFR 122.41(c)\].
Page 27 of 32
Permit No. NCG060000
PART J: DEFINITIONS
!££¨³¨® « £¤¥¨¨³¨®² ¥®± ³§¤ .0$%3 0±®¦± ¬ ¬ ¸ ¡¤ ¥®´£ ¨ ¥¤£¤± « ±´«¤ ³ ΗΓ #&2 0 ±³ ΔΕΕȁΕ
Act
See Clean Water Act.
Adverse Weather
Weather conditions are those that are dangerous or create inaccessibility for personnel, such as
local flooding, high winds, or electrical storms, or situations that otherwise make sampling
impractical. When adverse weather conditions prevent the collection of samples during the sample
period, the permittee must take a substitute sample or perform a visual assessment during the next
qualifying storm event. Documentation of an adverse event (with date, time, and written narrative)
and the rationale must be included with your SWPPP records. Adverse weather does not exempt
the permittee from having to file a monitoring report in accordance with the sampling schedule.
Adverse events and failures to monitor must also be explained and reported on the relevant DMR.
Allo¶ ¡«¤ .®-Stormwater Discharges
This General Permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system include:
(a)!All other discharges that are authorized by a non-stormwater NPDES permit.
(b)!Uncontaminated groundwater, foundation drains, air-conditioner condensate without
added chemicals, springs, discharges of uncontaminated potable water, waterline and fire
hydrant flushings, water from footing drains, irrigation waters, flows from riparian habitats
and wetlands.
(c)!Discharges resulting from fire-fighting, or emergency shower or eye wash as a result of use
in the event of an emergency.
"¤²³ - ¦¤¬¤³ 0± ¢³¨¢¤² Ȩ"-0²ȩ
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may
take the form of a process, activity, or physical structure. More information on BMPs can be found
at: https://www.epa.gov/npdes/national-menu-best-management-practices-bmps-
stormwater#edu.
"´«ª 3³®± ¦¤ ®¥ ,¨°´¨£ - ³¤±¨ «²
Liquid raw materials, in-process liquids and reactants, manufactured products, waste materials or
by-products contained in a single above ground container, tank, or vessel having a capacity of
greater than 660 gallons or contained in multiple above ground containers, tanks, or vessels located
in close proximity to each other having a total combined capacity of greater than 1,320 gallons.
Bypass
The known diversion of stormwater from any portion of a control facility including the collection
system, or the diversion of waste streams from any portion of a treatment facility including the
collection system, which is not a designed or established operating mode for the facility.
#¤±³¨¥¨¢ ³¤ ®¥ Coverage (COC)
The cover sheet which accompanies a general permit upon issuance and lists the facility name,
location, receiving stream, river basin, effective date of coverage under the general permit and is
signed by the Director.
Page 28 of 32
Permit No. NCG060000
#«¤ 7 ³¤± Act (CWA)
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC
1251, et. seq.
$¨µ¨²¨®
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality (DEQ),
formerly the Department of Environment and Natural Resources.
Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
EMC
The North Carolina Environmental Management Commission.
Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (analytically or
qualitatively) should be taken within the first 30 minutes of discharge.
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
(¨¦§ 1´ «¨³¸ 7 ³¤±² Ȩ(17ȩ
Supplemental classification intended to protect waters which are rated excellent based on
biological and physical/chemical characteristics through Division monitoring or special studies, or
HQW by definition:
(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 (15A NCAC 02B .0200).
)¬¯ ¨±¤£ 7 ³¤±
A water that has one or more parameters (biological and/or chemical) that exceed water quality
standards.
Measurable Storm Event
A storm event that results in an actual discharge from the permitted site outfall.
-´¨¢¨¯ « 3¤¯ ± ³¤ 3³®±¬ 3¤¶¤± 3¸²³¤¬ (MS4)
A stormwater collection system within an incorporated area of local self-government such as a city
or town.
Page 29 of 32
Permit No. NCG060000
No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a
storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow,
snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material
handling equipment or activities, industrial machinery, raw materials, intermediate products, by-
products, final products, or waste products. 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).
.®³¨¢¤ ®¥ Intent (NOI)
The state application form which, when submitted to the Division, officially indicates the facility's
notice of intent to seek coverage under a general permit.
/´³²³ £¨¦ 2¤²®´±¢¤ 7 ³¤± Ȩ/27ȩ
Supplemental classification intended to protect unique and special waters having excellent water
quality and being of exceptional state or national, ecological or recreational significance. To qualify,
waters must be rated Excellent by DWQ, and have one of the following outstanding resource values:
(a)!Outstanding fish habitat and fisheries,
(b)!Unusually high level of water-based recreation or potential for such kind of recreation,
(c)!Some special designation such as N.C. Scenic/Natural River, or National Wildlife Refuge,
(d)!Important component of state or national park or forest; or
(e)!Special ecological or scientific significance (rare or endangered species habitat, research or
educational areas).
All ORWs are HQW by supplemental classification. (15A NCAC 02B .0200)
0¤±¬¨³ )²²´¨¦ Authority
The Director of the Division of Energy, Min
Permittee
The owner or operator issued a Certificate of Coverage pursuant to this General Permit.
0®¨³ 3®´±¢¤ $¨²¢§ ±¦¤ ®¥ 3³®±¬¶ ³¤±
Any discernible, confined and discrete conveyance including, but not specifically limited to, any
pipe, ditch, channel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the State.
0±¨¬ ±¸ .´±²¤±¸ !±¤ Ȩ0.!ȩ
Tidal saltwaters which provide essential habitat for the early development of commercially
important fish and shellfish and are so designated by the Marine Fisheries Commission.
(15A NCAC 02B .0200)
2¤¯±¤²¤³ ³¨µ¤ /´³¥ «« Status (ROS)
When it is established that the discharge of stormwater runoff from a single outfall is representative
of the discharges at multiple outfalls, the Regional Office may grant representative outfall
status. ROS allows the permittee to perform analytical monitoring at a reduced number of outfalls.
Page 30 of 32
Permit No. NCG060000
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.
3¤¢³¨® ΖΔΖ 7 ³¤± 0±¨®±¨³¸ Chemical
A chemical or chemical category which:
(a)!Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments
and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and
Community Right-to-Know Act (EPCRA) of 1986;
(b)!Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
(c)!Meets at least one of the following criteria:
!Is listed in appendix D of 40 CFR Part 122 on Table II (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain
toxic pollutants and hazardous substances);
!Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA
at 40 CFR 116.4; or
!Is a pollutant for which EPA has published acute or chronic water quality criteria.
3¤µ¤±¤ 0±®¯¤±³¸ 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.
3¨¦¨¥¨¢ ³ 3¯¨««²
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the 000000000000000000000 0 (Ref: 40 CFR 110.3 and 40 CFR
117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4).
3³®±¬¶ ³¤± #®³±®« -¤ ²´±¤ Ȩ3#-ȩ
A permanent structural device that is designed, constructed, and maintained to remove pollutants
from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle
by promoting infiltration, evapo-transpiration, post-filtration discharge, reuse of stormwater, or a
combination thereof.
3³®±¬¶ ³¤± $¨²¢§ ±¦¤ /´³¥ «« (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.
Page 31 of 32
Permit No. NCG060000
Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
3³®±¬¶ ³¤± !²²®¢¨ ³¤£ ¶¨³§ )£´²³±¨ « !¢³¨µ¨³¸
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.
Stormwate± 0®««´³¨® 0±¤µ¤³¨® 0« (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.
4®³ « - ·¨¬´¬ $ ¨«¸ ,® £ (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific waterbody and pollutant. A list of approved TMDLs for the state of North Carolina can be
found at https://deq.nc.gov/about/divisions/water-resources/planning/modeling-
assessment/tmdls.
4®·¨¢ 0®««´³ ³
Any pollutant listed as toxic under Section 307(a)(l) of the Clean Water Act.
4±®´³ Ȩ¶ ³¤±²ȩ
Supplemental classification intended to protect freshwaters for natural trout propagation and
survival of stocked trout on a year round basis. This is not the same as the N.C. Wildlife Resources
(15A NCAC 02B .0200).
Upset
An exceptional incident in which there is unintentional and temporary noncompliance with
technology-based permit effluent limitations because of factors beyond the reasonable control of
the permittee. An upset does not include noncompliance to the extent caused by operational error,
improperly designed treatment or control facilities, inadequate treatment or control facilities, lack
of preventive maintenance, or careless or improper operation.
6¤§¨¢«¤ - ¨³¤ ¢¤ Activity
Vehicle rehabilitation, mechanical repairs, washing, sanding, painting, fueling, lubrication, vehicle
cleaning operations, or airport deicing operations.
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-¸¤ ±Ǿ ΕΗ-§®´± 3³®±¬ Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average,
once in 10 years.
25-¸¤ ±Ǿ ΕΗ-§®´± 3³®±¬ Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average,
once in 25 years.
Page 32 of 32
STORM WATER POLLUTION PREVENTION PLAN
TYSON FOODS, INCORPORATED
MEXICAN ORIGINAL PLANT
800 EAST MAIN STREET
SANFORD, NORTH CAROLINA 27332
COC NCG060024
Revised February 22, 2023
STORM WATER POLLUTION PREVENTION PLAN
1st Contact: Mr. Steven Kendrick Work Phone: 606-213-1289
Title: EnvironmentalManager Emergency Phone: 919-774-7925 (Guardhouse)
2nd Contact: Mr. Justin BatchelorWork Phone: 919-356-2598
Title: PSM/EnvironmentalEmergency Phone: 919-774-7925 (Guardhouse)
NPDES Permit Numbers:
NCG060000 (Storm Water Discharge)
No. 41 (City of Sanford General Permit for the discharge of industrial wastewater)
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TABLE OF CONTENTS
1.0CERTIFICATION............................................................................................................3
2.0 INTRODUCTION............................................................................................................. 4
3.0 RESPONSIBLE PARTY / STORMWATER POLLUTION PREVENTION TEAM 4
4.0 SITE OVERVIEW ............................................................................................................ 5
5.0SITE ACTIVITIES...........................................................................................................9
5.1Storage Practices...............................................................................................9
5.2 Loading and Unloading Activities..................................................................... 9
5.3 Outdoor Process Areas.................................................................................... 10
5.4 Dust/Particulate Generating Processes ............................................................ 10
5.5Waste Disposal Practices.................................................................................10
5.6 Summary of Potential Stormwater Pollution Areas and Operations ............... 10
6.0 SIGNIFICANT SPILLS AND LEAKS......................................................................... 12
7.0 EVALUATION FOR NON-STORM WATER DISCHARGES................................. 13
8.0 STORMWATER SAMPLING REQUIREMENTS .................................................... 13
9.0 STORMWATER MANAGEMENT STRATEGY....................................................... 14
9.1 Feasibility Study .............................................................................................. 14
9.2 Secondary Containment and Records.............................................................. 14
9.3 Spill Prevention and Response Procedures ..................................................... 15
10.0 BEST MANAGEMENT PRACTICES SUMMARY................................................... 15
10.1 Good Housekeeping ........................................................................................ 15
10.2 Site-Specific BMPs......................................................................................... 16
10.3 Preventative Maintenance ............................................................................... 16
10.4 Annual Comprehensive Site Inspection and SWPPP Review ......................... 17
11.0TRAINING......................................................................................................................17
12.0 REPORTING REQUIREMENTS ................................................................................ 18
APPENDIX A –DETAILED SITE PLAN...............................................................................27
APPENDIX B – FORMS ............................................................................................................ 28
Non-Stormwater Discharge Assessment Form ......................................................... 29
Qualitative Monitoring Report ....................................................................................... 31
Good Housekeeping Checklist ..................................................................................... 33
Spill Prevention and Response Plan Checklist ......................................................... 34
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1.0 CERTIFICATION
I, (Plant Manager), certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system or those persons directly responsible for
gathering the information, the information is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations.
Name andOfficial TitleTelephone Number
Christopher Gallicchio –Plant Manager (919) 774-0885
Signature Date Signed
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2.0 INTRODUCTION
This document represents the Storm Water Pollution Prevention Plan (SWPPP) for the Tyson
Foods Mexican Original facility at 800 East Main Street, Sanford, North Carolina. This SWPPP
has been prepared in order to meet the requirements of General Permit No. NCG060000 issued by
the North Carolina Department of Environment and Natural Resources (NCDENR). The SWPPP
describes the operations at the site, potential sources of Stormwater pollution and the controls
implemented to minimize potential Stormwater pollution.
3.0 RESPONSIBLE PARTY / STORMWATER POLLUTION PREVENTION TEAM
The facility has a core team assigned to the Stormwater Pollution Prevention Team. Those Team
Members, their contact information and their responsibilities as part of the team are listed below:
Storm Water Pollution Prevention Team Member Roster
Chairman:
Christopher Gallicchio Title: Plant Manager
Phone: 919-774-0885
Responsibilities: Mr. Gallicchio has overall responsibility for daily operation of the facility. He
oversees and approves material purchases, storage, and usage. Mr. Gallicchio will ensure that the
SWPPP is implemented as detailed in the Plan. He will maintain a permanent file for all records
and actions relating to the Plan. Mr. Gallicchio will delegate certain tasks to other members of the
Team as needed.
Members:
1. Steven Kendrick Title: Environmental Manager
Phone: 606-213-1289
Responsibilities: Mr. Kendrick will provide technical assistance as required for Plan compliance.
He will keep abreast of current pollution prevention technologies and practices. He will also stay
familiar with environmental regulations and keep the Team knowledgeable of these regulations.
Mr. Kendrick will coordinate with outside consultants on an as-needed basis. He will ensure that
Team Members are provided with educational materials relating to pollution prevention and good
housekeeping. He will schedule relevant seminars and keep records of individual Team Member
training. Mr. Kendrick will oversee the Team Member awareness component of the SWPPP. Mr.
Kendrick will update and revise the SWPPP as necessary.
2. Justin Batchelor Title: PSM Coordinator
Phone: 919-356-2598
Responsibilities: Mr. Batchelor is responsible for overseeing the completion of normal stormwater
inspections and stormwater sample collections.
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3. Brian Batts Title: Sanitation Manager
Phone: 919-775-6942
Responsibilities: Mr. Batts is responsible for implementing the preventative maintenance and
good housekeeping programs of this Plan. The sanitation department is responsible for keeping
the outside grounds clean.
4. BJ Ellis Title: Receiving Supervisor
Phone: 919-775-6920
Responsibilities: Mr. Ellis is responsible for maintaining the loading dock areas in a clean and
orderly state. He will ensure that trailers are washed only in the designated location. He will keep
Tyson Foods' suppliers informed of new pollution prevention practices and how they may affect
their operations.
4. Steve Bordeaux Title: Maintenance Manager
Phone: 919-775-6994
Responsibilities: Mr. Bordeaux is responsible for maintaining the equipment of the facility. Mr.
Bordeaux will ensure that his workers use cleaning compounds and procedures in a manner that
minimizes waste, cost, and risks to the environment.
5. Timothy Rhodes Title: Utilities Manager
Phone: 919-775-0855
Responsibilities: Mr. Rhodes is responsible for maintaining the equipment of the facility. Mr.
Rhodes also conducts some routine inspections.
4.0 SITE OVERVIEW
The Site is located at 800 East Main in Sanford, North Carolina as show on Figure 1 Site Location
Map. The Site drains via on-site ditches (normally dry). As shown on Figure 2 Area Stormwater
Drainage Map, the Site drains to an unnamed tributary, then to Gasters Creek, then to the Upper
Little River and then to Lake Trace. Stormwater run-on from north of the Site drains through the
facility’s Stormwater drainage system. The Site does not lie within a critical watershed area. None
of the receiving water bodies mentioned above are impaired.
Stormwater runoff from the Site discharges through one of three outfalls. Outfall 001 / Discharge
Sampling Point No. 1 primarily has runoff from the shipping area, compactors, Team Member
parking lot, and from around the refrigeration building. There is also some off-site drainage
through this point. Outfall 002 / Discharge Sampling Point No. 2 primarily has runoff from the
roof and the flour silo area. Outfall 003 / Discharge Sampling Point No. 3 has runoff from the
flour silo area and oil tanks containment area.
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The locations of the Outfalls are as follows and are shown on the Detailed Site Plan attached to
this document:
Outfall/Sampling Point No. 1 - N 35° 27' 31” W 79° 08' 25"
Outfall/Sampling Point No. 2 - N 35° 27' 34” W 79° 08' 19"
Outfall/Sampling Point No. 3 - N 35° 27' 36” W 79° 08' 17"
Figure 3 Detailed Site Plan is presented in Appendix A of this document. Figure 3 provides
detailed regarding the location of Outfalls, location of various storage areas and facility activities,
local topography and drainage areas.
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5.0 SITE ACTIVITIES
5.1 Storage Practices
Used cooking oil, which is generated internally from the cookers, is stored in totes (approx.
270 gallons each) and the totes are placed within an empty trailer located in the parking lot
until they are picked up by the vendor for recycling purposes. A maximum of 28 totes will
be stored on the trailer and the trailer itself will serve as the secondary containment.The
cookers are cleaned as production permits.
Liquid shortening and soybean oil is stored in four 12,658-gallon aboveground storage
tanks (2-liquid shortening and 2-soybean oil) are located on the East Side of the plant. The
tanks are within a concrete secondary containment wall.
Five flour silos are located inside near the east wall of the plant.
55-gal drums of skimmed floatables (solids, used lubricating oils, and used ammonia oil)
are placed under a storage shelter adjacent to the wastewater treatment plant.
Ammonia for the refrigeration system is stored in a 20,000-gallon tank outside behind the
ammonia engine building.
Diesel fuel is stored in a 264 gallon above ground storage tank located adjacent the east
side of the refrigeration building. The diesel fuel is used to power the refrigerated trailers
that are used as temporary product storage. This area has a secondary containment dike
with a roof and tin sides.
Waste flour/dough is feed via a hooper into trailers operated by Smithfield. Full trailers
are sometimes parked on-site until vendor pickups occur. The hopper and trailer(s) are
located outside on the west side of the plant.
Other materials such as bags of minor ingredients and other compounds used in plant
operations are stored indoors in designated storage areas.
5.2 Loading and Unloading Activities
Bulk loads of flour are received via tanker trucks and are unloaded into silos by a vacuum
system. Liquid Shortening and Soybean cooking oil arereceived via tanker trucks and
pumped into 12,658 gallon tanks located on the East Side of the plant. One used soybean
oil tank is unloaded by a pump truck. (Secondary containment provided to all tanks listed).
All oil and shortening delivers are supervised by a Tyson Team Member to ensure any
spills or leaks are corrected immediately if they occur.
Finished product is loaded into trailers. On occasion, fully packed trailers are temporarily
parked on-site prior to shipping.
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5.3Outdoor Process Areas
This facility has silos and above ground storage tanks located outdoors. At no time does
an intermediate or finished product become exposed to precipitation.
A compactor is provided for miscellaneous trash. A separate compactor is provided for
the collection of broken chips and taco shells. Both compactors and the attached roll-off
container are of the enclosed type, which minimize infiltration of rainfall.
5.4 Dust/Particulate Generating Processes
Flour dust accumulates on the ground in the immediate vicinity of the storage silos.
Flour dust and by-product particulates (including soybean oil) also accumulate on the
plant's roof through exhaust vents.
Small quantities of scrap product (broken or otherwise unsuitable chips) spill onto the
ground around the compactor.
During dry period, dust is generated from the unpaved parking lot areas.
5.5 Waste Disposal Practices
Food waste and by-products (dough, broken chips, used cooking oil) are collected
separately and sold for animal consumption and other recyclable uses. The dough and
broken chips are compacted into a trailer and then transported off-site for reuse.
Floatables, solids, and used oil are skimmed from the waste process water and placed in
55-gallon plastic containers and then delivered by a private contractor for disposal. The
soybean oil by-product is separated and used in the manufacture of animal feed.
The trash dumpsters are serviced weekly by Waste Management. This facility also collects
cardboard boxes and aluminum cans for recycling.
5.6 Summary of Potential Stormwater Pollution Areas and Operations
The facility was evaluated for existing and potential sources of pollution. There are several
areas where material handling and storage activities take place outside of the main
manufacturing building. There are six areas of concern which occur outside of the
manufacturing building that pose a threat of pollution are:
5.1.1Shippingdock area: The trench drain along the shipping docks discharges
to a stream that is usually flowing. Wash water enters directly into the drain.
Pollutants that are detected in this water are by-products which can
contribute to BOD, TSS, and COD in Stormwater. The chip/dough
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compactor is also located in this area which contributes to the same problem
in that chips/doughoften spill from the compactor and enter the trench
drain. Housekeeping efforts occur each day for these issues.
5.1.2Roof runoff: Flour dust and cooking oil settles onto the roof from the
exhaust vents. Rainwater washes the residue off the roof into the storm
drain system. Filter systems are installed around the exhaust vents to
prevent runoff to the storm drains.
5.1.3Skimmed solids: Solids that are skimmed from the Gyra-Vib screen are
augured into 55-gallon containers, which are then placed on pallets under a
shelter in an area that is not exposed to rainfall. Secondary containment is
provided for these containers.
5.1.4 Flour silos: Flour dust is observed on the paved area around the silos. The
process of unloading bulk flour creates dust. Team Members sweep up the
flour dust in this area on a daily basis.
5.1.5 Diesel Fuel Storage: A 264-gallon steel tank on legs is located near the pre-
treatment building. This tank has a secondary containment structure and is
covered on three sides and overhead from precipitation.
5.1.6 Sediment runoff: Sediment runoff from unpaved area could potentially
enter the storm drains. BMPs (ie. Filter socks and wattles) have been placed
in order to help control the excess sediment runoff.
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6.0 SIGNIFICANT SPILLS AND LEAKS
In the event of a significant spill or leak, details of each occurrence would be described in this
section of the SWPPP along with a description of corrective actions taken to mitigate spill impacts.
Record of Significant Spills and Leaks
Date DescriptionCorrective Action Taken to Preventive Actions to
Mitigate Spill Impacts Prevent Recurrence
7/14/2016 Spill at Outfall #3 (See Dike/Dam downstream of Retraining of
summary below) spill. SWS Environmental Management, to include
Services used vac truck to Sanitation and Receiving.
remove contaminants. Revise wash down
procedures as it pertains
to outside activities.
Eliminate containment
drain and locking device.
Utilize used oil tank to
collect contaminated
rainwater for collection
by vendor.
2/9/2019 Spill from Wastewater Absorbent pads/booms and Trained employees on
Pre-Treatment (Outfall pumped sill material from the proper filling of
#1)drain.containment tank
SUMMARY (07-14-2016): At 1:37 pm on Thursday July 14, 2016, Mike Perry and Kevin Allen (Corporate
Environmental Area Manager) were performing a visual inspection of the storm water outfalls when we
noticed a suspicious floating sheen at outfall #3. Upon investigation it was determined that a silo was
overfilled during the unloading process the night before by a new team member in training, which resulted
in excess flour landing on the concrete pad below. Dry cleaning procedures were immediately initiated upon
discovery the next morning. The majority of flour was captured and placed in a scrap module. The remaining
flour on the concreted area was rinsed along with some oil residual, which eventually made its way to a
storm drain and settled in the creek through outfall #3. A spill boom was placed downstream to keep the
contaminated water from leaving the property. SWS Environmental services was called for cleanup. At
approximately 3:30 pm SWS arrived and was instructed to vacuum out contaminated water and soil. 800
gallons of mostly water, with very little sand/silt, oil residual and flour was recovered and sent to Greensboro
for proper disposal. Of the 800 gallons of total recovery, it is estimated that 30 gallons was actually flour,
oil, sand/silt. Mike Perry and Kevin Allen conducted a post cleaning inspection to confirm all contamination
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was removed and water was clear. See attached pictures of before and after cleanup as well as SWS manifest.
Management is addressing cleaning procedures when it comes to water use.
SUMMARY (02-09-2019):
On Saturday 2/9/2019, The Mexican Original Sanford Plant experienced a
spill of approximately 23 gallons of oil/washdown water from the sanitation lift station tank. Less than 1
gallon of the spill conveyed across the parking lot and reached the stormwater drain on the east side of
the facility that is on property. A section of the stormwater creek downstream of the spill was diked off
and the contaminated water was pumped out and transferred back into the facility wastewater drain
system. Other affected areas were cleaned up using pumps and pigmat absorbents. The location
contacted the emergency response number listed on the facilities stormwater permit. As a result, the
incident was reported to the North Carolina Department of Environmental Quality.
7.0 EVALUATION FOR NON-STORM WATER DISCHARGES
The stormwater outfalls have been evaluated for the presence of non-stormwater discharges. On
an annual basis, the site is formally inspected for the presence of non-stormwater discharges. That
inspection is performed by the Environmental Manager, or a Representative, and certified by the
Plant Manager. The current form used to document the inspection for non-stormwater discharges
is included in Appendix B of this document. Completed records are filed at the facility
electronically.
8.0 STORMWATER SAMPLING REQUIREMENTS
Stormwater sample collection is required quarterly(every 3 months) during a measurable storm
event from Outfalls 001, 002 and 003 according to the requirements of General Permit
NCG060000. A measurable storm event is a storm event that results in an actual discharge from
the permitted site outfall and one in which at least 0.10 inches of precipitation occurred. The
previous measurable storm event must have been at least 72 hoursprior to the sampled event.The
quarterly events must occur during the period from January 1 through March 31, April 1 through
June 30, July 1 through September 30, and October 1 through December 31. At least 30 days must
separate the quarterly sampling events. Grab samples from each outfall must be collected within
the first 30 minutes of discharge.
In accordance with the General Permit, samples are analyzed for chemical oxygen demand (COD),
oil and grease (O&G), total suspended solids (TSS), field pH and temperature. For each sampled
measurable storm event, the total precipitation must be recorded using either an on-site rain gauge
or local rain gauge reading.
Visual observation of samples and each outfall is also required quarterly and is performed when
laboratory samples are collected. The following observations are required: color, odor, clarity,
floating solids, suspended solids, form, oil sheen and observation of erosion or deposition at each
outfall. Visual observations are recorded on the Visual Observation Form included in Appendix
B of this SWPPP. Completed Visual Observation Forms and other records and summaries of the
stormwater sample data are filed at the facility and are part of this SWPPP.
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9.0STORMWATER MANAGEMENT STRATEGY
9.1 Feasibility Study
A review was conducted which addressed the feasibility of revising any procedures with
the goal of improving storm water quality. The factors considered include technical
practicality, water quality benefits, and economic costs. Based on the results of the
feasibility study, there are no proposed operational changes.
9.2 Secondary Containmentand Records
The General Permit requires secondary containment for liquid materials, Section 313
priority pollutants and hazardous substances in order to prevent leaks and spills of those
materials from contaminating stormwater runoff.
In accordance with the requirements of the Site’s Spill Prevention Control and
Countermeasures Plan (SPCC Plan), all oils stored outside are surrounded by secondary
containment. Except for the anhydrous ammonia, no hazardous wastes are currently stored
outside. Inspections of the oil storage areas are performed to ensure tanks, containers and
secondary containment structures remain structurally sound.
The outdoor secondary containment structures do accumulate stormwater. As needed, that
water is either released to the environment or pumped out and properly disposed.
Accumulated stormwater is only released to the environment if it is uncontaminated.
In accordance with the facility’s SPCC Plan, monthly inspections of oil tanks, oil
containers and secondary containment inspections and secondary containment drainage
events are performed and documented. Semiannually, inspections are performed as part of
the SWPPP using the Secondary Containment Inspection Checklist presented in Appendix
B. The water is visually inspected and documented by a trained member of the SPCC Team.
If the water presents any evidence of contamination it is not released to the environment.
This facility uses compounds that may contain hazardous materials or Section 313 water
priority chemicals, but the quantities for most materials are below established threshold
and/or reporting limits.
Anhydrous ammonia is the only Section 313 chemical stored in quantity at the facility.
The facility stores more than 10,000 pounds of anhydrous ammonia which is used in the
refrigeration system. The anhydrous ammonia refrigeration system is not contained within
secondary containment, however, it is managed under very strict controls according to
OSHA’s Process Safety Management System requirements.Potential releases of
anhydrous ammonia would not present a threat to stormwater, however, if leaked or spilled
it would vaporize to atmosphere.
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9.3 Spill Prevention and Response Procedures
Facility management will utilize existing facility manpower/equipment and any necessary
local contractors to control any spillage. All spills will be reported to a member of the
facility’s Stormwater Pollution Prevention. Spill reporting to regulatory agencies will be
in conformance with all applicable State and Federal requirements. The SPCC plan details
the procedures to follow in the event an oil spill. The facility’s Emergency Response Plan
details procedures to following in the event of a hazardous chemical spill.
10.0 BEST MANAGEMENT PRACTICES SUMMARY
The General Permit requires the facility owner/operator to implement feasible best management
practices (BMPs). The BMPs will be implemented, routinely inspected, reviewed and updated
annually as needed. As listed below, numerous BMPs were identified as feasible and effective for
this facility and have been implemented.
10.1 Good Housekeeping
Maintain dry and clean floors. Floors will be swept each shift, with residue placed in
designated containers.
The areas around the shipping docks and flour silos will be swept as needed.
Brooms, dustpans, and mops are available for access and use.
Trash and other waste material will be picked-up on a daily basis and disposed of
properly. A separate holding bin has been provided for oily rags.
The exterior grounds will be inspected weekly. Litter and other trash will be disposed
of properly.
All equipment will be visually inspected for leaks and other conditions that could lead
to a discharge of a pollutant.
Materials will be stored in adequate containers to prevent leakage.
Containers will be labeled with the name of the substance, stock number, expiration
date, health hazards, safe handling requirements, and first aid information.
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10.2 Site-Specific BMPs
Shipping Dock Area
Periodic sweeping will be performed in and around the shipping dock area. Wet washing
is prohibited.
Bulk liquid Operations
The facility’s SPCC Plan addressed bulk liquid loading and unloading procedures. Each
event will be supervised by a Tyson Team Member and inspected for a criteria checklist
designed to greatly minimize the risk of spills or leaks. In the event of a spill or leak, spill
response procedures will be implemented as described in the SPCC Plan.
Fueling Activities
Team Members are instructed not to “top off” tanks when refueling and to minimize fueling
activities during times of heavy rainfall. An oil spill kit is located near the outdoor diesel
fuel storage tank and Team Members involved in fueling activities are trained to contain
and clean up leaks and spills if they occur.
Erosion Control
Erosion is controlled at the facility through a combination of hard pavement surfaces,
gravel surfaces and vegetated areas.
10.3 Preventative Maintenance
Preventative maintenance at the facility involves regular inspections and testing of
equipment and operational systems. These inspections uncover conditions such as cracks
or slow leaks, which could cause breakdowns or failures that result in discharges of
chemicals that could contaminate stormwater. As issues are identified, they are corrected
by making adjustments, repairs or replacements.
The following items are subject to periodic inspections.
Monthly inspections of secondary containment structures.
Monthly inspections of the silos and oil tanks.
Pumps. These devices are subject to frequent inspection and maintenance that includes
lubrication, balancing, repacking bearings, and tightening of support bolts and pipe
connections. The pump manufacturers' recommendations will be followed.
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Pipes and Supply lines. Steam lines, product transport systems, and water supply pipes
will be inspected quarterly. Special attention will be made to supports, connectors, and
valves.
Inspections of the facility and all stormwater systems will occur as part of the
Preventative Maintenance and Good Housekeeping Program at a minimum of a
semiannual schedule, once during the first half of the year (January to June), and once
during the second half (July to December), with at least 60 days separating inspection
dates.
SWPPP Amendment and Annual Update. The SWPPP will be updated 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.
10.4 Annual Comprehensive Site Inspection and SWPPP Review
Annually, a Comprehensive Site Inspection will be performed and documented on the
Comprehensive Site Inspection Form included in Appendix B. Additionally, all aspects of
the SWPPP will be reviewed and updated on an annual basis. The annual update will
include:
An updated list of significant spills or leaks of pollutants for the previous three (3)
years, or the notation that no spills have occurred;
A written re-certification that the stormwater outfalls have been evaluated for the
presence of non-stormwater discharges;
A documented re-evaluation of the effectiveness of the on-site stormwater BMPs.
A review and comparison of sample analytical data to benchmark values (if
applicable) over the past year, including a discussion about Tiered Response
status.
The facility will use the NCDENR’s Annual Summary Data Monitoring Report
(DMR) including in Appendix B of this document.
11.0 TRAINING
Storm Water Pollution Prevention Team Members review the requirements of the SWPPP
annually. Team Members responsible for inspections, maintenance of equipment, BMPs and spill
response are trained annually. Annual training of affected team members will occur to inform
Team Members responsible for implementing activities identified in the SWPPP of its components
and goals. The training will address at a minimum spill response, good housekeeping, and material
management practices. All training is documented and records are maintained at the facility.
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12.0 REPORTING REQUIREMENTS
A Discharge Monitoring Report (DMR) must be submitted to the NCDENR no later than 30 days
from the date the facility receives the sampling results from the laboratory. Samples analyzed in
accordance with the terms of this general permit will be submitted to the NCDENRon Discharge
Monitoring Report (DMR) forms provided by the NCDENR.Exceedances of benchmark limits
will be investigated and reported as required by the General Permit and corrective actions will be
implemented as needed.
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TIER ONE, TIER TWO TIER THREE RESPONSES/ACTIONS
An exceedance of any benchmark value shall require a tiered response for that outfall. A single
exceedance of a benchmark value shall require a Tier One response for that outfall. Two
benchmark value exceedances in a row shall require a Tier Two response for that outfall. Four
benchmark exceedances for a parameter within the permit term shall require a Tier Three response
for that outfall.
TIER ONE RESPONSES
TH
4 Quarter 2021
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TH
Quarter 2021 (cont’d)
4
Benchmark exceedance for TSS on Outfall #3
Possible Causes – It is believed that ongoing construction for a new dock area created the TSS
benchmark exceedance for Outfall #3. The construction is located just adjacent to and
upstream of Outfall #3. BMPs were utilized during the construction, however, it appears as if
this was the cause.
Actions to Reduce Concentrations – Improve upon the current BMPs that are in-place and limit
construction (earth disturbances) during dry periods.
Action Implemented/Resolved – Construction of the dock area completed Spring/Summer 2021.
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st
Quarter 2022
1
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st
Quarter 2022 (cont’d)
1
Benchmark exceedance for TSS on Outfall #1
Possible Causes – Excess sedimentation from the facility grounds. A portion of the facility
grounds within Outfall #1 watershed is not paved and is made-up of dirt and gravel. The gravel
material is a “softer” aggregate that breaks down after repeated use (ie. heavy trucks traveling
over). The excess sedimentation was washed down the storm drain(s) which is believed to have
caused the exceedance in TSS for Outfall #1.
Actions to Reduce Concentrations –Improve upon the current BMPs that are in-place.
Action Implemented/Resolved – Filter socks and wattles added to protect storm drains.
Completed May 2022..
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nd
Quarter 2022
2
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nd
Quarter 2022 (cont’d)
2
Benchmark exceedance for COD on Outfall #3
Possible Causes – Flour entering the storm drain that directly feeds Outfall #3. Just before the
sampling event, a malfunction occurred on one of the flour silos which resulted in excess flour
being deposited onto the pavement outside the flour silo. The flour was subsequently washed
down the storm drain with the next rainfall event.
Actions to Reduce Concentrations – Repair malfunctioning equipment associated with the flour
silo.
Action Implemented/Resolved – Flour silo repaired July/August 2022.
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st
Quarter 2023
1
Believed
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st
Quarter 2023 (cont’d)
1
Benchmark exceedance for COD on Outfall #2
Possible Causes – Flour entering the storm drain that directly feeds Outfall #2. A storm drain
located just adjacent to the flour silo and leading directly to Outfall #2 was previously temporarily
closed off by placing a magnetic drain coverover the storm drain. The storm drain will eventually
be permanently closed due to the creation of a new dock area. The seal on the magnetic cover
was accidentally broken, thus, allowing flour material to enter the storm drain.
Actions to Reduce Concentrations – Create a tighter seal for the storm drain to prevent material
from entering.
Action Implemented/Resolved– Pending as of 2/13/2023.
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APPENDIX A –DETAILED SITE PLAN
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APPENDIX B – FORMS
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Non-Stormwater Discharge Assessment Form
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Secondary Containment Inspection Checklist
Directions: Complete this checklist semi-annually. Each secondary containment structure
will be visually inspected with observations recorded on this form. This original form will
then be inserted into Appendix D of this document. Provide a separate form for each
structure.
1. Inspector's Name _________________________________________Date ________
2. Structure___________________________________Location___________________
3. Check Structural Integrity_______________________________________________
a. Are there any signs of leaks through the dike/walls? YesNo
b. Are there any cracks, holes, broken welds? YesNo
c. Is drain secure/tight where it passes thru wall container? YesNo
4. Is there standing water/liquid in container? YesNo
Remove any liquid present using prescribed procedures.
5. Describe needed repairs or other action taken.
Signature___________________________________________Date_______________
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Stormwater Discharge Outfall (SDO)
Qualitative Monitoring Report
&®± ¦´¨£ ¢¤ ® ¥¨««¨¦ ®´³ ³§¨² ¥®±¬Ǿ ¯«¤ ²¤ µ¨²¨³Ȁ http://portal.ncdenr.org/web/lr/npdes-
stormwater/
Permit No.: N/C/ / / / / / / / or Certificate of Coverage No.: N/C/G/ / / / / / /
Facility Name: ________________________________________________________________________________________________
County: __________________________________________ Phone No. ________________________________________________
Inspector: ______________________________________________________________________________________________________
Date of Inspection: ____________________________________________________________________________________________
Time of Inspection: ___________________________________________________________________________________________
Total Event Precipitation (inches): _______________
Was this a “Representative Storm Event” or “Measurable Storm Event” as defined by the permit?
(See information below.)
Yes No
0«¤ ²¤ µ¤±¨¥¸ whether 1´ «¨³ ³¨µ¤ -®¨³®±¨¦ ¬´²³ ¡¤ ¯¤±¥®±¬¤£ £´±¨¦ ȏ±¤¯±¤²¤³ ³¨µ¤ ²³®±¬
¤µ¤³Ȑ ®± ȏmeasurable ²³®±¬ ¤µ¤³Ȑ Ȩ±¤°´¨±¤¬¤³² µ ±¸Ǿ £¤¯¤£¨¦ ® ³§¤ ¯¤±¬¨³ȩȁ
Qualitative monitoring requirements vary. Most permits require qualitative monitoring to be
performed during a “representative storm event” or during a “measurable storm event.” However,
some permits do not have this requirement. Please refer to these definitions, if applicable.
A “r¤¯±¤²¤³ ³¨µ¤ s³®±¬ event” is a storm event that measures greater than 0.1 inches of rainfall
and that is preceded by at least 72 hours (3 days) in which no storm event measuring greater than
0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no
precipitation.
A “measurable ²³®±¬ ¤µ¤³” is a storm event that results in ¢³´ « £¨²¢§ ±¦¤ from the
permitted site outfall. The previous measurable storm event must have been at least 72 hours
prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter
interval is representative for local storm events during the sampling period, and the permittee
obtains approval from the local DWQ Regional Office.
By this signature, I certify that this report is accurate and complete to the best of my knowledge:
__________________________________________________________________________________________________________________
(Signature of Permittee or Designee)
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1./´³¥ «« $¤²¢ription:
Outfall No. _____________ Structure (pipe, ditch, etc.) __________________________________________________
Receiving Stream: _____________________________________________________________________________________________
Describe the industrial activities that occur within the outfall drainage area: ___________________________
2.#®«®±Ȁ Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint
(light, medium, dark) as descriptors:
3. /£®±Ȁ Describe any distinct odors that the discharge may have (i.e., smells strongly of oil,
weak chlorine odor, etc.):
4. #« ±¨³¸Ȁ Choose the number which best describes the clarity of the discharge, where 1 is
clear and 5 is very cloudy:
1 2 3 4 5
5. &«® ³¨¦ 3®«¨£²Ȁ Choose the number which best describes the amount of floating solids in
the stormwater discharge, where 1 is no solids and 5 is the surface covered with floating solids:
1 2 3 4 5
6. 3´²¯¤£¤£ 3®«¨£²Ȁ Choose the number which best describes the amount of suspended
solids in the stormwater discharge, where 1 is no solids and 5 is extremely muddy:
1 2 3 4 5
7. Is there any foam in the stormwater discharge? Yes No
8. Is there an ®¨« ²§¤¤ in the stormwater discharge? Yes No
9. Is there evidence of ¤±®²¨® ®± £¤¯®²¨³¨® at the outfall? Yes No
10. /³§¤± /¡µ¨®´² )£¨¢ ³®±² ®¥ 3³®±¬¶ ³¤± 0®««´³¨®Ȁ
List and describe ______________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
Note: ,®¶ ¢« ±¨³¸Ǿ §¨¦§ ²®«¨£²Ǿ £ȝ®± ³§¤ ¯±¤²¤¢¤ ®¥ ¥® ¬Ǿ ®¨« ²§¤¤Ǿ ®± ¤±®²¨®ȝ£¤¯®²¨³¨®
¬ ¸ ¡¤ ¨£¨¢ ³¨µ¤ ®¥ ¯®««´³ ³ ¤·¯®²´±¤ȁ 4§¤²¤ ¢®£¨³¨®² ¶ ±± ³ ¥´±³§¤± ¨µ¤²³¨¦ ³¨®ȁ
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Good Housekeeping Checklist
Directions: Complete this checklist during the annual assessment of the Storm Water
Pollution Prevention Plan. Attach additional pages describing corrective actions to be
taken. Insert a signed copy into Appendix D.
Work ZoneZone # MO-Sanford
1. Is interior work zone kept in a neat and orderly condition? YesNo
2. Is there evidence of drips or leaks from equipment or machinery? YesNo
3. Is garbage removed from the site on an adequate schedule? YesNo
4. Are traffic areas free of equipment, materials, and other objects? Yes No
5. Is there evidence of any spilled material on the ground from the
facility’s operations? YesNo
6. Are adequate cleanup procedures used for spilled solids? YesNo
7. Are all materials stored in proper containers? YesNo
8. Are any storage containers leaking or deteriorating? YesNo
9. Is good housekeeping included in the new employee program? Yes No
10. Are there regular good housekeeping inspections? Yes No
Comments:
Signature_______________________________________Date___________________
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Spill Prevention and Response Plan Checklist
Directions: Complete this checklist during the annual assessment of the Storm Water
Pollution Prevention Plan. Attach additional pages as necessary.
1. Have all designated employees read the Spill Prevention and
Response Plan? Yes No
Inspect the materials storage areas.
2. Are all containers labeled properly? Yes No
3. Are all containers stored properly and safely? Yes No
4. Is there any evidence of leaks on floors, shelves, or elsewhere? Yes No
Inspect the Spill Response kits.
5. Are all the kits equipped with sufficient supplies? Yes No
6. Are the kits readily accessible? Yes No
7. Are all designated employees trained in the use of spill kits? Yes No
8. Are the SDS sheets current and accessible? Yes No
Have all SWPPP training been completed? Yes No
Review materials inventory and remove those substances no longer needed.
Provide narrative of any significant spill or leak since last review that resulted in an
exposure to the environment. Describe actions to prevent recurrence.
Comments:
Signature_______________________________________Date___________________
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