HomeMy WebLinkAboutNCS000349_Draft permit_20090819 NODENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 19, 2009 DER—FRO
Mr. Rick Houser
Lumberton Energy, LLC
1866 Hestertown Road
Lumberton, North Carolina 28358 DWO
Subject: Draft NPDES Stormwater Permit
Permit No. NCS000349
Lumberton Energy, LLC
Robeson County
Dear Mr. Houser:
Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft
very carefully to ensure thorough understanding of the conditions and requirements it contains.
The draft permit contains the following significant changes from this facility's current permit:
Analytical monitoring changes:
1. Analytical monitoring parameters including 15 metals, sulfate, and oil & grease have been added to
this permit as an effort to investigate the pollution potential of stormwater discharges.
2. pH has been added to the analytical monitoring requirements.
3. All analytical monitoring has been set to quarterly during a representative storm event as defined in
Part II Section B. The permittee must also document the total precipitation for each event. If no
discharge occurs during the sampling period, the permittee must submit a monitoring report indicating
"No Flow" within 30 days of the end of the three-month sampling period. Additionally, samples must
be taken a minimum of 30 days apart, as specified in Table 2.
4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of
benchmark values require the permittee to increase monitoring, increase management actions,
increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered
program. If the sampling results are above a benchmark value, or outside of the benchmark range, for
any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility
inspection within two weeks and implementation of a mitigation plan within two months. If during the
terra of this permit, the sampling results are above the benchmark values, or outside of the benchmark
range, for any specific parameter at a specific discharge outfall three times in a row (consecutive),
then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1
and also imri-ieciiately institute monthly monitoring for ail parameters at every outta11 where a sampling
result exceeded the benchmark value for two consecutive samples.
5.. You are required to collect all of the analytical and qualitative monitoring samples during
representative storm events as defined in Part li Section B. Qualitative monitoring is required at all
outfalls regardless of representative outfall status.
6. You are responsible for all monitoring until the renewal permit is issued.
7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall
parameter is in this permit, however.)
8. Vehicle maintenance monitoring has been revised to semi-annually. This requirement appears in all
Individual stormwater permits; however it only applies to facilities that do vehicle maintenance. If the
facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply.
Other permit changes:
1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if
the receiving stream is impaired and if it has a TMDL established. It must also describe potential
pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must
Wetlands and Stormwater Branch 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One
OneNoit Cap olin_l
Location:512-8 7 SalisburyFA St.Raleigh,North Carolina r Service:
� r CI
Phone:919-807-630D 1 FAX:919-847-6484 l Customer Service:1�77-623-6748
Internet:www.ncwaterquality.org
An Equi Opportunity 1 Affirmative Action Employer
Mr. Rick Houser
Lumberton Energy, LLC
Permit No. NCS000349
contain a list of significant spills that have occurred in the past three years and also must certify that
the outfalls have been inspected to ensure that they do not contain non-stormwater discharges.
Additional information is provided in Part II Section A.
2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A.
More details regarding secondary containment are provided.
3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II
Section A. The plan must also be updated annually to include a list of significant spills and to certify
that the outfalls do not contain non-stormwater discharges.
4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater
management controls as specified in Part II Section A.
5. Information regarding the No Exposure Exclusion has been added to this draft permit.' If industrial
materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g),
the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit
requirements. Additional information is provided in Part I Section A.
Please submit any comments to me no later than thirty (30) days following your receipt of the draft.
Comments should be sent to the address listed at the bottom of page one of this letter. If no adverse
comments are received from the public or from yo+_i, this permit will likely be issued in about two months.
If you have any questions or comments concerning this draft permit, contact me at (919) 807-6365 or
cory.larsen@ncdenr.gov
Sincerely,
Co La
Envir ental Engineer
Stormwater Permitting Unit
cc: Fayetteville Regional Office, Mike Lawyer
Stormwater Permitting Unit
Attachments
NCS000349
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
LUMBERTON ENERGY, LLC
is hereby authorized to discharge stormwater from a facility located at
Lumberton Energy, LLC
1.866 Hestertown Road
Lumberton, NC
Roebeson County
to receiving waters designated as the Lumber River, a class C: Sw stream in the Lumber River
Basin, in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III, IV, V and VI hereof.
Nole: Draft Permit Dates are AI)ln-oximme
This permit shall become effective November 1, 2009,
This permit and the authorization to discharge shall expire at midnight on October 31, 2014.
Signed this day October I6, 2009.
.for Coleen H. Sullins, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No.NCS000349
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Storrnwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring; Requirements
Section D: On-Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
PERMITS
Section A: Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
Section B: General Conditions
1. Individual Pen-nit Expiration
2. Transfers
i
Perinit No.NCS000349
3. Signatory Requirements
4. Individual Permit Modification, Revocation and Reissuance, or
Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Storniwater Control Facilities
Section D: Monitoring and Records
1. Representative Sampling
2. Recording Results
3. Flow Measurements
4. Test Procedures
5. Representative Outfall
6. Records Retention
7. Inspection and Entry
Section E: Reporting Requirements
I. Discharge Monitoring Reports
2. Subnutting Reports
3. Availability of Reports
4. Non-Stormwater Discharges
5. Planned Changes
6. Anticipated Noncompliance
7. Bypass
8. Twenty-four Hour Reporting
9. Other Noncompliance
10. Other Information
PART 1V LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
ii
Permit No. NCS000349
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
perrnittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or ninoff as described in 40
CFR §I22,26(g). the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge pen-nit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit allo Exposure Certification N01 form to the Division; must receive
approval by the Division; must maintain no exposure conditions unless authorized to discharge
tinder a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once
every five (5)years.
SECTION B: PERMITTED ACTIVITI
Until this permit expires or is modified or'"revoleet�, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that has been
adequately treated and managed in accordance with the terms and conditions of this individual
permit. All stormwater discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited sinless it is an
allowable non-stormwater dsi 'arge or is covered by another pennit, authorization, or approval.
The stormwater discharges allowed by this individual permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the pernittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order,judgment, or decree.
Part I Page 1 of 2
SECTION C: LOCATION MAP Permit No, NCS000349
lip Z'
v
'7-
r �RadfvStaflnn
lox
k"Q BrAt
"amp
fj
4-1
jrK1
•
I Lumberton Energy, LLC >
fit
Al
j
.........
.4 V -7,
j F 0 r
-46
A-
r
• Tw fee
NCS000349 Lumberton Energy, LLC
Labrude: 3411 351 27"NJ
Longitude: 78c' 59'48" W
County: Robeson
Receiving Stream: Lumber River
Stream Class, C; Sw
Abp 5cale i:20000 Sub-basin: 03-07-51 (LUrrber River Bash) Facility Location
Part I Page 2 of 2
Pennir No.NCS000349
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stormwater Pollution Prevention Phan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part III, Standard
Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a
minimum, the following items:
1. Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the mune of the receiving water(s) to which the
stormwater outfall(s) discharges, or if the,discharge is to a municipal separate
storm sewer system, the naig `of the municipality and the ultimate receiving
waters, and accurate latitude and longitude of the point(s) of discharge. The
general location snap (or alternatively the site map) shall identify whether each
receiving water is impaired (on the state's 303(d) list of impaired waters) or is
located in a watershed for which a TMDL has been established, and what the
parameter(s) of concern are.
North Carolina's 303(d) List can be found here:
http://h2o.eur.state:ne.us/tmdl/Gen,eral 303d.htm#Downloads
North Carolina TMDL documents can be found here:
http://h2o.enr.state.nc.us/tmdl/TMDL list.htm#Final TMDLs.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfall.
(c) A site neap drawn to scale (including a distance legend) showing: the site property
boundary, the stonnwater discharge outfalls, all on-site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
Part H Page I of 10
Pennit No.NCS000349
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part III, Standard Conditions, Section
B, Paragraph 3. The permittee shall re-certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
nonstructural measures. The stormwater management plan, at a mininiurn, shall
incorporate the following:
(a) Feasibility Study. 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 stormwater, 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 stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title III of.the Super-fund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater runoff. A table
or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices (which shall be
secured closed with a locking mechanism), and any stormwater that accumulates
in the containment area shall be at a minimum visually observed for color, foam,
outfall staining, visible sheens and dry weather flow, prior to release of the
accumulated stonnwater. Accumulated stormwater shall be released if found to
be uncontaminated by the material stored within the containment area. Records
documenting the individual making the observation, the description of the
accumulated stormwater, and the date and time of the release shall be kept for a
period of five years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. 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 data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
Part I Page 2 of 10
Permit No.NCS000349
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or the team) responsible for implementing the
SPRP shall be identified in a written list incorporated into the SPRP and signed and dated
by each individual acknowledging their responsibilities for the plan. A responsible
person shall be on-site at all times during facility operations that have the potential to
contaminate stormwater runoff through spills or exposure of materials associated with the
facility operations. The SPRP trust be site stormwater specific. Therefore, an oil Spill
Prevention Control and Countermeasure plan(SPCC) may be a component of the SPRP,
but may not be sufficient to completely address the stormwater aspects of the SPRP. The
corm-non elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP.
4. Preventative Maintenance and Good Housekeeping. Program. A preventative
maintenance and good housekeeping program shall be developed. The program shall list
all stormwater control systems, stormwater discharge outfalls, all on-site and adjacent
surface waters and wetlands, industrial activity=as (including material storage areas,
material handling areas, disposal areas, process areas, loading and unloading areas, and
haul roads), all drainage features and structures, and existing structural BMPs. The
program shall establish schedules of inspections, maintenance, and housekeeping
activities of stormwater control systems, as well as facility equipment, facility areas, and
facility systems that present a potential for stormwater exposure or stormwater pollution.
Inspection of material handling areas and regular cleaning schedules of these areas shall
be incorporated into the program. Timely compliance with the established schedules for
inspections, maintenance, and housekeeping shall be recorded in writing and maintained
in the SPPP.
5. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response
and cleanup, preventative maintenance activities, and for any of the facility's operations
that have the potential to contaminate stotinwater runoff. Facility personnel (or team)
responsible for implementing the training shall be identified, and their annual training
shall be documented by the signature of each employee trained.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plaza. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. All aspects of the Stormwater
Pollution Prevention Plan shall be reviewed and updated on an amaual basis. The annual
update shall include an updated list of significant spills or leaks of pollutants for the
previous three years, or the notation that no spills have occurred. The annual update shall
include re-certification that the stormwater outfalls have been evaluated for the presence
of non-stormwater discharges. Each annual update shall include a re-evaluation of the
Part 11 Page 3 of 10
Permit No.NCS000349
effectiveness of the BMPs listed in the BMP Summary of the Stor niwater Management
Plan.
The Director may rroti* the permittee when the Plan 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 Plan to meet minimum
requirements. The permittee shall provide certification in writing. (in accordance with
Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
Have been made.
8. Facility Inspections. Inspections of the facility and all storniwatef systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual 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 (unless performed more frequently than semi-dnnivally). These facility inspections
are different from, and in addition to, the stormwater discharge characteristic monitoring
required in Part II B; C and D of this permit.
9. Implementation. The pelbiittee shall implement the Plan. Implementation of the Plan
shall include doctunentation of all monitoring, measurements, inspections, maintenance
activities, and training provided to employees, including the log of the sampling data and
of actions taken to implerneat BMPs associated with the industrial activities, including
vehicle maintenance activities. -Such documentation shall he kept on-site for a period of
five years and made available to the Director or the Director's authorized representative
immediately upon request.
Part II Page 4 of 10
Permit No.NCS000349
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of twenty analytical samplings being conducted over the
term of the permit at each stormwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time
between this storm event and the previous storm event measuring greater than 0.1 inches must be at least
72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if
it rains but stops before producing any collectable discharge, a sample may be collected if the next rain
producing a discharge begins within 10 hours.
Table 1. Analytical Monitoring Re uirements
Discharge Measurement Sample Sample
Characteristics Units Fre uenc 1 TypC2 Location
40 CFR Part 423 Appendix A: 13
Priority Pollutant Metals (Ag, pg/L,
quarterly Grab SDO#15
As, Be,Cd, Cr, Cu, Hg,Ni, Pb, i tgl 4
Sb, Se,Tl, Zn)
Al quarterly Grab SDO-45
B p g/L I quarterly Grab SDO*5
COD quarterly Grab SDO 45
TSS nigiL quarterly Grab SDO 45
Sulfate ni /L quarterly Grab SDO##5
Oil &Grease iuILL quarterly Grab SDO 45
H Standard quarterly Grab SDO 4_5
Total Rainfall' inches quarterly Rain Gauge -
Footnotes:
I Measurement Frequency: Four tithes per year during a representative storm event according to schedule
presented in Table 2,
2 Grab samples shall be collected within the first 30 minutes of discharge.
3 For each sampled representative storm event the total precipitation must be recorded. An on-site rain gauge or
local rain gauge reading must be recorded.
4 Mercury shall be analyzed by EPA Low-level detection method 1631 E. This method also requires a field blank
be analyzed.
The permittee shall complete the minimum twenty analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 30 days must separate each sample date
unless monthly monitoring has been instituted under a Tier Two response.
Part 11 Page 5 of 10
Permit No.NCS000349
Table 2. Monito-ring Schedule
Monitoring Sample Vehicle
periodt'z Number Start End Maintenance
Monitoring?
Year 1 -Quarter 1 I November 1, 2009 December 31. 2009 Yes
Year 1 -Quarter 2 2 January 1,2010 March 31, 2010 No
Year I --Quarter 3 3 Aril 1, 2010 June 30, 2010 Yes
Year 1 - Quarter 4 4 July 1, 2010 September 30, 2010 No
Year 2-Quarter 1 5 October 1, 2010 December 31, 2010 Yes
Year 2-Quarter 2 6 January 1, 2011 March 31. 2011 No
Year 2 -Quarter 3 7 Aril 1,2011 ,/true 30, 2011. Yes
Year 2 -- Quarter 4 S July 1,2011 1 Sentember,30, 2011 No
Year 3 -Quarter 1 9 October 1.20 11 Duce€t,l)er 31, 2011 Yes
Year 3 -Quarter 2 10 January 1, 2012 March 31, 2012 No
Year 3 -Quarter 3 11 April 1, ?01 June 30, 2012 Yes
Year 3 -Quarter 4 12 July I, 2 G12 Se tember 30, 2012 No
Year 4-Quarter 1 13 October 1. 2012 December 31,2012 Yes
Year 4-Quarter 2 14 _iamiary 1 2013 March 11, 2013 No
Year 4-Quarter 3 15 April ril 1 13 June 30, 2013 Yes
Year 4-Quarter 4 16 July`1, 2013 September 30, 2013 No
Year 5 -Quarter I 17 October 1, 2013 December 31, 2013 Yes
Year 5 -Quarter 2 is January 1,2014 March 31, 2014 No
Year 5-Quarter 3 1 1::9 Aril 1, 2014 Junc 30, 2014 1 Yes
Year 5 -Quarter 4 20 July 1. 2014 October 31, 2014 No
Footnotes:
1 Maintain quarterly monitoring during permit renewal process. The applicant must continue quarterly monitoring
until the renewed permit is issued.
2 If no discharge occurs during the sampling period,the permittee must submit a monitoring repot indicating"No
Flow"within 30 days of the end of the three-month sampling period.
The pennittee shall report the analytical results from the first sample with valid results within the
monitoring period. In addition, a separate signed Annual Summary DMR copy shall be
submitted to the local DWQ Regional Office (RO) by March 1 of each year. The permittee
shall compare monitoring results to the benchmark values in Table 3. The benchmark values in
Table 3 are not permit limits but should be used as guidelines for the petnzittee's Stormwater
Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to
increase monitoring, increase management actions, increase record keeping, and/or install
stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions
of Tier One and Tier Two.
Part I1 Page 6 of 10
Permit No.NCS000349
Table 3. Benchmark Values for Analytical Monitorin
Discharge Characteristics Units Benchmark
Aluminum mg/L 0.75
Antimony 3ng/L 0,09
Arsenic uig/L 0.36
Beryllium ntg/L 0.07
Boron mg/L NIA
Cadmium mg/L 0,001
Chromium mg/L t
Copper rng/L 0.007
Lead mg/L 0.03
Mercury ng/L 12
Nickel ing/L 0•26
Selenium mg/L 0.056
Silver 111g."I., 0.001
Thalliuwn N/A
Zinc nliL 0.067
COD mg/L 120
TSS ,ng/L 100
Sulfate mg/L 500
Oil & Grease nzg/L 30
pH Standard 6 -9
Part I1 Page 7 of 10
Pennit No. NCS000349
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any
parameter at any outfall;
Then: The permittee shall:
1. Conduct a stortwater management inspection of the facility within two weeks of receiving sampling
results,
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential, and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring concentrations to
within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the Storinwater Pollution Prevention Plan. Include
the date and value of the benchmark exceedence,the inspection date_ the personnel conducting the
inspection, the selected actions, and the date the selected actions were implemented.
Tier Two
If: During the term of this permit, the first valid sampling results rrom three consecutive monitoring periods
are above the benchmark values, or outside of tile benchmark range, for any specific parameter at a
specific discharge outfall;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result
exceeded the benclunark value for two consecutive samples. Monthly (analytical and qualitative)
monitoring shall continue until three consecutive sample results are below the benchmark values, or
within tine benchmark range, for all parameters at that outfall.
3. If no discharge occurs during the sampling period,the permittee is required to subunit a monthly
monitoring report indicating"No Flow.''
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
During the term of this permit, if the valid sampling results required for the permit monitoring periods
exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific
outfall on four occasions, the permittee shall notify the DWQ Fayetteville Regional Office Supervisor in
writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to:
• Require that the permittee increase or decrease the monitoring frequency for the remainder of the
permit;
• Work with permittee to develop alternative response strategies:
• Require the permittee to install structural stormwater controls;
• Require the permittee to implement other stormwater control measures; or
• Require that the permittee implement site modifications to qualify for the No Exposure Exclusion.
Part i l Page S of 10
Pennit No.NCS000349
Please note that a Total Maximum Daily Load (TMDL)for mercury is approved for this segment
of the Lumber River, and this permit includes monitoring for this pollutant of concern. The
Division will consider analytical monitoring results in determining whether additional BMPs are
needed to control the pollutant of concern to the maximum extent practicable.
If additional BMPs are needed to achieve the required level of control,the permittee will be
required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable
for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan.
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed %as gkci Tabje 4, during the analytical
monitoring event. Qualitative monitoring is for the p rpo 6 6 ng the effectiveness of the
Stormwater Pollution Prevention Plan(SPPP) and ass' ` ` g new sources of stormwater pollution.
In the event an atypical condition is noted at a sto ater di harge outfall, the pennittee shall
document the suspected cause of the condition, diy; ations taken in response to the
discovery. This documentation will be mar .. n wi„ foie SPPP.
Table 4. Qualitative Monitor' & a en
Discharge Characteristics Frequency Monitoring
Location
Color qu, rly SDO
Odor ; ..,, arterl SDO
Clarity quarterly SDO
Floating Solids quarterly SDO
Suspended Solids quarterly SDO
Foam quarterly SDO
Oil Sheen quarterly SDO
Erosion or deposition at the quarterly SDO
outfall
Other obvious indicators quarterly SDO
of stormwater pollution
Footnotes:
1 Measurement Frequency: Four times per year during a representative storm event according to schedule
presented in Table 2.
2 Monitoring Location: Qualitative monitoring shall be performed at each Stormwater discharge outfall(SDO)
regardless of representative outfall status.
Part II Page 9 of 10
Permit No. NCS000349
SECTION D: ON-SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on-site which uses more than 55
gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 5. This monitoring shall be perfonned at all
stormwater discharge outfalls which discharge stoimwater runoff from vehicle maintenance
areas, twice per year. All analytical monitoring shall be performed during a representative storm
event.
Table 5. Analytical Monitoring Re uirements for On-Site Vehicle Maintenance
Discharge Characteristics Units Measurement Sample Sample
Fre uenevl Tv e2 Location3
pH standard Semi-annLMI Grab SDO
Oil and Grease mg/L semi-annual Grab SDO
Total Suspended Solids mg/L I semi-annual Grab SDO
Total Rainfa114 inches semi-annual Rain gauge
New Motor Oil Usage gallons/month semi-annual Estimate
Footnotes:
1 Measurement Frequency: Twice per year during a representative storm event as specified in Table 2.
2 Grab samples shall be collected within the first 30 minutes of discharge.
3 For each sampled representative storm event The total precipitation must be recorded. An on-site rain gauge or
local rain gauge reading must be recorded.
Monitoring results shall be compared to the benchmark values in Table 6. Tile benchmark
values in Table 6 are not permit limits but should be used as guidelines for the pern-littee's
Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), as provided in Part 11 Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge Characteristics Units Benchmark
pH standard 6 - 9
Oil and Grease mg/L 30
Total Suspended Solids L mg/L 100
Part 11 Page 10 of 10
Pennit No. NCS000349
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERiMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first tune: The Stormwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the
initial permit and updated thereafter on an amrual basis. Secondary containment,as specified in Part 11,
Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of
the initial permit issuance.
New Facilities applying for coverage for the first time and existing facilities previously permitted and
applying for renewal tinder this permit: The Stormwater Pollution Prevention Ptan 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 11, Section A, Paragraph
2(b)of this permit shall be accomplished prior to the bet=inning of discharges from the operation of the
industrial activity.
r
2. Duty to Comply
The permittee must comply with all conditions of this individual permit. Any permit noncompliance
constitutes a violation of the Clem, l Water Act and is grounds for enforcement action; for permit
termination,revocation and reissuance,or modification-,or denial of a permit upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a)of the
Clean Water Act for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions,even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed 525,000 per day for each violation. Any person who negligently violates any
permit condition is subject to criminal penalties of$2,500 to 25,000 per day of violation,or
imprisonment for not more than 1 year,or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of$5,000 to$50,000 per day of violation,or
iniprisontment for not more than 3 years,or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed$10,000 per violation with the maximum
amount not to exceed$125,000. [Ref: Section 309 of the Federal Act 33 USC t319 and 40 CFR
122.41(a),]
C. Under state law,a daily civil penalty of not more than ten thousand dollars($10.000)per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions,or requirements of permit. [Ref: NC General Statutes 143-215.6A].
d. Any person may be assessed an administrative penalty by the Director for violating section 301.
302, 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. Adin in istrati ve penalties for Class
I violations are not to exceed$10,000 per violation,with the maximum amount of any Class I
penalty assessed not to exceed$25,000. Penalties for Class 11 violations are not to exceed
Part III. Page 1 of 8
Permit No.NCS000349
$10,000 per day for each day during which the violation continues,with the maximum amount of
any Class II penalty not to exceed$125,000,
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the environment.
4. Civil and Criminal Liability
Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual permit shall be construed to relieve the permittee from any responsibilities,
liabilities. or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143-
215.6C or Section 309 of the Federal Act, 33 USC 019. Furthermore, the peruiittee is responsible for
consequential damages, such as fish kills, even though theyesponsibility for effective compliance may be
temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities,or penalties to which the permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 31[ of the Federal Act,33 USC 1321.
6. Property Rights
The issuance of this individual perinit 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 infi-ingement of Federal, State or local laws or regulations.
7. Severability
The provisions of this individual permit are severable, and if any provision of this individual permit,or the
application of any provision of this individual permit to any circumstances, is held invalid,the application
of such provision to other circumstances,and the remainder of this individual pennit, shall not be affected
thereby.
8. Duty to Provide Information
The pennittee shall furnish to the Director,within a reasonable time,any information which the Director
may request to determine whether cause exists for modifying,revoking and reissuing,or tenninating the
permit issued pursuant to this individual permit or to determine compliance with this individual permit. The
permittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit.
9. Penalties for Tampering
The Clean Water Act provides that any person who falsities, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this individual pen-nit shall, upon
conviction, be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more
than two years per violation,or by both. If a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph,punishment is a fine of not more that$20,000 per day of
violation,or by imprisonment of not more than 4 years,or both.
Part fit Page 2 of 8
Permit No. NCS000349
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,representation,or
certification in any record or other document submitted or required to be maintained under this individual
permit, including monitoring reports or reports of compliance or noncompliance shall,upon conviction,be
punished by a tine of not more than$10,000 per violation, or by imprisonment for not more than two years
per violation,or by both.
SECTION 8: GENERAL CONDITIONS
1. Individual Pen-nit) xpiration
The pennittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date,the permittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration. or any permittee that does not
have a permit after the expiration and has not requested.tenewal at least 180 days prior to expiration, will be
subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et. seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is
required to notify the Division in writing,iu the event the permitted facility is sold or closed.
3. SignatoKy Requirements
All applications,reports,or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) In the case of a corporation: by a principal executive officer of at least the level of vice-
president, or his duly authorized representative, if such representative is responsible for
the overall operation of the facility from which the discharge described in the pennit
application form originates;
(2) In the case of a partnership or limited partnership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state,or other public entity: by a principal executive officer,
ranking elected official, or other duly authorized employee.
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) 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
Part III Page 3 of 8
Permit No. NCSO00349
responsibility,or an individual or position having overall responsibility for envirotunental
matters for the company.(A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
C. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify,under penalty of law,that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system,or those persons directly responsible for gathering the
information,the information submitted is,to the best of my knowledge and belief, true,accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
4. Individual Permit Modification, Revocation and Reissuance, or Termination
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing the individual permit,or tenninating the individual 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 Adibinistrative Code, Subchapter 2H .0100;and North Carolina
General Statute 143-215.1 et al.
5. Permit Actions
The permit may be modified,revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C. OPERATION ANDMAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all tunes 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 individual permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
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 individual permit.
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this individual permit.
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
a. Bypass was unavoidable to prevent loss of life,personal injury or severe property dainage; and
Part III Page 4 of 8
Permit No.NCS000349
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of storntwater or maintenance during normal periods of equipment downt nie or dry
weather. This condition is not satisfied if adequate back-up 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 as required under, Part 111, Section E of this permit.
If the Director detennines that it will meet the three conditions listed above,the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken,as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and tune that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water,or substance.
Monitoring points as specified in this pen-nit shall not,be changed without notification to and approval of
the Director.
Y -
2. Recording Results
For each measurement,sample; inspection or maintenance activity performed or collected pursuant to the
requirements of this individual pennit, the permirtee shall record the following information:
a. The date, exact place, and time of sampling,measurements, inspection or maintenance activity;
b. The individual(s)who performed the sampling,measurements, inspection or maintenance activity;
C. The date(s)analyses were performed;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;and
f. The results of such analyses.
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et.seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant
to Section 304(g),33 USG 1314, of the Federal Water Pollution Control Act,as Amended,and Regulation
40 CFR 136,
Part III Page 5 of 8
J
Permit No. NCS000349
To meet the intent of the monitoring required by this individual pennit. 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.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled,the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the pennittee is granted
representative outfall status,then sampling requirements may be performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on-site. The
permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation,and copies of all
reports required by this individual permit for a period of at least 5 yeaWfrom the date of the sample,
measurement,report or application. This period may be extended by request of the Director at any time.
7. Inspection and Entry
The permittee shall allow the Director,or an authorized representative(including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law,to;
a. Enter upon the pernitree's premises where a regulated facility or activity is located or conducted,
or where records DILIst be kept under the conditions of this individual permit;
b. Have access to and copy%at reasonable times,any records that must be kept under the conditions of
this individual permit;
C. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),
practices,or operations regulated or required under this individual pen-nit.- and
d. Sample or monitor at reasonable times,for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act,any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
I. Discharge Monitoring.Report
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report(DMR)forms provided by the Director. Submittals shall be delivered to the
Division no later than 30 days from the date the facility receives the sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report within 30 days of the end of the three-month sampling period, giving
all required information and indicating"NO FLOW" as per NCAC TI5A 02B .0506.
Part III Page 6 of 8
Permit No.NCS000349
The pennittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report(QMR)form provided by the Division, and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific
requirement to do so.
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address:
Division of Water Quality
Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
In addition,a separate signed Annual Suuunaty DMR copy shall,;be.submitted to the pennittee's DWQ
Regional Office(RO)by March I of each year.
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-2:15.3(a)(2)or Section 308 of the Federal
Act. 33 USC i318,all reports prepared in accordance with the terns shall be available for public inspection
at the offices of the Division of Water Quality. As required by the Act,analytical data shall not be
considered confidential. Knowingly making any false,,sfatement on any such report may result in the
imposition of criminal penalties as provided for-ir NCGS 143-215.6E or in Section 309 of the Federal Act.
4. Non-Stonnwater Discharzes
If the storm event monitored'in accordance with this individual permit coincides with a non-stonnwater
discharge,the pennittee shall separately monitor all parameters as required under the non-stonnwater
discharge permit and provide this information with the stonnwater discharge monitoring report.
5. Plaruied Chanees
The pennittee 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. This notification
requirement includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 CFR Part 122.42(a).
6. Anticipated Noncompliance
The pennittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the individual permit requirements.
7. 13)Tass
a. Anticipated bypass. If the pennittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; includinZL
g an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The pennittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
Part III Page 7 of 8
Permit No. NCS000349
8. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shall be provided orally within 24 hours from
the time the permittee became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the pennittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;the period of
noncompliance, including exact dates and tines,and if the noncompliance has not been corrected,the
anticipated time compliance is expected to continue;and steps taken or planned to reduce,eliminate,and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case-by-case basis if the oral report has been received
within 24 hours.
9. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
10. Other Information
s
Where the permittee becomes aware that it failed to submit any relevant facts in an application for an
individual pennit or in any report to the Director, it shall promptly submit such facts or information.
Part I Il Page 8 of 8
NCS000349
PART IV LIMITATIONS REOPENER
This individual permit shall be modified or alternatively,revoked and reissued,to comply with any applicable
effluent guideline or water duality standard issued or approved under Sections 302(b)(2)(c), and(d), 304(b)(2)and
307(a)of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit; or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall*
tso contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND C'OMPLIOCE MONITORING FEE
REQUIREtMENTS ?�k
The pennittee 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)(4)may cause this
Division to initiate action to revoke the individual perr.nit.
PART VI DEFINITIONS
1. Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic rnean of any set of values is the summation of the individual values divided by the number of
individual values.
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stornwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air-conditioner condensate without added
chemicals,springs, discharges of uncontaminated potable water,waterline and fire hydrant
flushings,water from footing drains,flows fi•orn riparian habitats and wetlands.
(c) Discharges resulting fi-om fine-fighting or fine-fighting training.
4. Best Management Practices BMPs
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process,activity, or physical structure.
Parts IV, V and Vf Page I of 5
Permit No. NCS000349
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility including
the collection system,which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials,manufactured products, waste materials or by-products with a single above;round
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1320 gallons.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act(CWA),as amended, 3.3
USC 1251,et. seq.
8. Division or DWO
The Division of Water Quality,Department of Env' en,and Natural Resources.
9. Director
The Director of the Division of Water Quality, the perttitt issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
it. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively
monitored must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility,a surface impoundment,an injection well,a hazardous waste long-term storage facility or
a surface storage facility.
14. Municipal Separate Storm Sewer S, sy tern
A stormwater collection system within an incorporated area of local self-government such as a city or town.
15. 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.
Part V I Page 2 of 5 Pages
Permit No.NCS000349
DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terns and conditions described in 40 CFR§122.26(g).
16. Overburden
Any material of any nature,consolidated or unconsolidated,that overlies a mineral deposit, excluding
topsoil or similar naturally-occurring surface materials that are not disturbed by mining operations.
17. Pennittee
The owner or operator issued a permit pursuant to this individual permit.
18. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including', but not specifically limited to, any pipe, ditch,
channel, tunnel,conduit,well,or discrete fissure from which stori'mvater is or may be discharged to waters
of the state.
19. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no
storm event measuring greater than 0.1 inches has occurred. A single stone event may contain up to 10 consecutive
hours of no precipitation. For example,if it rains for 2 hours without producing any collectable discharge,and then
stops,a sample may be collected if a rain producing a discharge begins again within the next 10 hours.
20. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
21. Rinse Water Discharge
The discharge of rinse water From equipment cleaning areas associated with industrial activity. Rinse
waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters
utilizing any type of detergent or cleaning agent.
22. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year,24-hour storm event.
23. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 3 13 of Title III of the Superfund Amendments and
Reauthorization Act(SARA)of 1986,also titled the Emergency Planning and Community Right-
to-Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA Title Ill, Section 313 reporting
requirements;and
C. That meets at least one of the following criteria:
Part VI Page 3 of 5 Pages
Permit No.NCS000349
(1) Is listed in Appendix D of 40 CFR part I22 on Table II(organic priority pollutants).
Table III(certain metals,cyanides,and phenols), or Table IV(certain toxic pollutants and
hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 31 l(b)(2)(A)of the CWA at 40
CFR 116.4;or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
24. Severe Property Damage
Means substantial physical damage to property,damage to the control facilities which causes them to
become inoperable,or substantial and pennanent 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.
25. Significant Materials
z
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 CF.,RCLA;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.
26, Significant Spills E y
Includes, but is not limited to:releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act(Ref:40 CFR 110.10 and CFR 117.21)or section 102 of
CERCLA(Ref:40 CFR 302.4).
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
28. Stormwater Associated with Industrial Activi
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.
29. Stormwater Pollution Prevention Plan
A comprehensive site-specific plan which details measures and practices to reduce stornwater pollution and
is based on an evaluation of the pollution potential of the site.
30. Ten Year Design Stonn
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten
years. Design storm infonnation can be found in the State of North Carolina Erosion and Sediment Control
Planning and Design Manual.
Part VI Page 4 of 5 Pages
Permit No.NCS000349
31. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be
either,(a)measured continuously,(b)calculated based on the amount of area draining to the outfall,the
amount of built-upon(impervious)area, and the total amount of rainfall, or(c)estimated by the
ineasurenient of flow at 20 minute intervals during the rainfall event.
32. Total Maximum Daily Load(TMDL)
A TMDL is a calculation of the maxunum amount of a pollutant that a waterbody can receive and still meet
water quality standards,and an allocation of that amount to the pollutant's sources. A TMDL is a detailed
water quality assessment that provides the scientific foundation for an implementation plan. The
implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to
restore and maintain water quality standards in all seasons. The Clean Water Act., Section 303,establishes
the water quality standards and TMDL programs.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1)of4 Water Act.
34. upset ',,. .
Means an exceptional incident in which there is unintentional and temporary noncompliance with
technology based permit effluent lunitations because of factors beyond the reasonable control of the
perinittee. 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.
35. Vehicle Maintenance Activity,
Vehicle rehabilitation,mechanical repairs,painting,fueling, lubrication,vehicle cleaning operations,or
airport deicing operations.
36. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water,air.
,,ravity,or ice from its site of origin which can be seen with the unaided eye.
37. 25-year,24 hour storm event
The inaximum 24-hour precipitation event expected to be equaled or exceeded,on the average,once in 25
years.
Part VI Page 5 of 5 Pages