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NC0022217_Historical_2002
r FACILITY: 1 f 161A- rfP�, SeS CITY: !-Lb COUNTY u,� PERMIT NUM13ER/)M,9 � 17 Permit Information that needs to be Incorporated into Future Permit Revisions: DATE COMMENTS 4 tl-r �phn.rcrmit�@scam ENTEPRISES�VA MROTILC Cardin Complex Otto P. Muha 2232 Ten Ten Road Terminal Superintendent Apex, NC 27539 Raleigh d Fayetteville Tel: 919-362-8341 Fax 919-362-4013 Mobile: 919-333-1468 Emil otto.muha@mdlvae dcw" ABIM North Carolina Department of Environment and Natural Resources Pat McCrory Governor Kenneth Watson, Complex Manager Motiva Enterprises, LLC 2232 Ten Ten Road Apex, North Carolina 27539-8115 Dear Mr. Watson: Division of Water Resources Water Quality Programs Thomas A. Reeder Director November 8, 2013 John E. Skvarla, III Secretary Subject: Issuance of NPDES Permit NCO022217 Motiva Raleigh Terminal 2232 Ten Ten Road, Apex Wake County 20,. The Division of Water Resources (the Division or DWR) hereby issues the attached NPDES permit for the subject facility. This permit is issued pursuant to the requirements of North Carolina General Statute 143- 215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007, or as subsequently amended. Implementing Electronic Discharge Monitoring Reports (eDMRs). Please be advised that the Division will implement an electronic Discharge Monitoring Report (eDMR) program, in accord with pending requirements by the Environmental Protection Agency (EPA). We have included the details required to implement the eDMR program in this issuance final [see permit Special Condition A. (3.)]. Proposed federal regulations require electronic submittal of all DMRs and specify that, if North Carolina does not establish a program to receive such submittals, Permittees must then submit eDMRs directly to EPA. For information on eDMRs, registering for eDMR submittal, and obtaining an eDMR user account, please visit DWR's webpage: http://portal.ncdenr.or web/wq/admin/bog�pu/edmr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit EPA's website: http://www2.epa.gov/compliance/proposed-npdes-electronic-reporting-rule 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury SL Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX 919-807-6492 Internet www rtmaterquality.oig An Equal Opportunity 1 Affirmative Action Employer Mr. Kenneth W, NC0022217 Renewal 2013 p. 2 Summary of Changes to the Previous Permit. 1. For renewal, DWR has updated your facility -description (Supplement to Cover Sheet); updated the Vicinity Map, revised the WET -testing page [Section A. (2)], and added parameter codes to the effluent table [Section A. (I.)] for your convenience. 2. EPA Test Methods 624 and 625 — Per your request, DWR has discontinued monitoring by Methods 624 and 625 based on parameters not detected above test- method practical quantitation levels (PQLs) over the past permit cycle. 3. Total Nitro een (TN) and Total Phosphorus (TP) —The Division has finalized its 2013 permitting strategy for the Neuse River Basin, a basin currently classified nutrient sensitive waters (NSW). Considering this facility's existing analytical database, its episodic minimal flow (< 0.050 MGD, not limited), and SIC Code [5171], Motiva is exempt under State Regulation NCAC 02B .0508, and is no longer required to monitor effluent nitrogen and phosphorus. DWR has therefore discontinued monitoring; removed previous permit Special Condition and related footnotes. 4. Oil and Grease (O&G). Due to the requirement to sample "during discharge" at the designated outfall, DWR has removed the table footnote [Section A. (1.)] requiring a "quiescent zone" for sampling O&G as this sampling practice has been questioned as "non- operational." 5. In accord with Bulk Storage Strategy 2005, relaxed MTBE monitoring from Monthly to Quarterly based on "not detected." 6. Finally, we have added monitoring for Naphthalene [code 346961 to detect the presence of diesel fuel in the effluent. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall remain final and binding. This permit is not transferable except after notifying the Division of Water Resources. The Division may require permit modification, or revocation and re -issuance. Please note that this permit does not affect your legal obligation to obtain other permits required by the Division of Water Resources, the Division of Land Resources, the Coastal Area Management Act, or other federal or local governments. Mr. Kenneth Watson NCO022217 Renewal 2013 p. 3 If you have questions, or if we can be of further service, please contact Joe R. Corporon L.G. ROC at hoe.corporonna,ncdem.gov] or call his direct line (919) 807-6394. Respectfully, 4p- f or U(11r J Thomas A. Reeder Enclosure: NPDES Permit NCO022217 (Issuance Final) hc: Central files RRO/SWPS Supervisor, Danny Smith NPDES Program Files ec: ATU, Susan Meadows DWR/RRO, Mitch Hayes Motiva Enterprises, LLC, Kenneth Watson (Complex Manager) [Kenneth.Watson@motivaent.coml Permit NCO022217 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE STORMWATER/WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Motiva Enterprises, LLC is hereby authorized to discharge stormwater/wastewater from an outfall located at the Raleigh Terminal 2232 Ten Ten Road, Apex Wake County to receiving waters designated as an unnamed tributary of Middle Creek within the Neuse River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III and IV hereof. This permit shall become effective December 1, 2013. This permit and authorization to discharge shall expire at midnight on April 30, 2018. Signed this day November 8, 2013. :5ew Thomas A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 Permit NCO022217 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Motiva Enterprises, LLC is hereby authorized to: 1. continue to operate a Surface -Water Pollution Control System managing stormwater and related petroleum -contact water held in proximity to above -ground storage tanks (ASTs) and appurtenant piping for the distribution of hydrocarbon fuels, petroleum distillates, and ethanol [surface bulk -storage exceeding one (1) million gallons], the System consisting of • truck -loading rack with stormwater runoff containment [petroleum -contact water, containerized and recycled offsite]; • earthen berms [dikes] surrounding ASTs [secondary -containment areas] • runoff -containment pond • gravity drain piping with discharge sample point and gate valve, hand - operated, normally closed located at the Motiva Raleigh Terminal, 2232 Ten Ten Road, Apex; and 2. discharge from said treatment works via Outfall 001, located on the attached map, to an unnamed tributary (UT) to Middle Creek [Stream Segment 17-43-15-(l)], a waterbody currently classified C; NSW within Subbasin 03-04-03 of the Neuse River Basin. Page 2 of 6 Permit NCO022217 17.1WW A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning upon the effective date and lasting until permit expiration, the Permittee is authorized to discharge treated wastewater/stormwater from Outfall 001. Such discharges shall be limited and monitoredt by the Permittee as specified below: EFFLUENT CHARACTERISTICS (Parameter Codes) ILIMITS MONITORING REQUIREMENTS t Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow Z 50050 Episodic 2 Effluent Total Suspended Solids C0530 45.0 m Monthly Grab Effluent Turbidity 00070 Monthly Grab Effluent Oil and Grease 3 00556 Monthly Grab Effluent Benzene 4 34030 Monthly Grab Effluent Toluene 34010 1 Monthly Grab Effluent Ethlbenzene 34371 Monthly Grab Effluent X lene 81551 Monthly Grab Effluent Naphthalene 34696 Monthly Grab Effluent MTBE J 22417 Quarterly Grab Effluent WET Testing 4 TAE6C Annually 4 Grab Effluent Footnotes: 1. No later than 90 days from the permit effective date, begin submitting discharge Monitoring Reports electronically using NCDWR's eDMR application system. See Special Conditions A. (3. 2. Flow — If no flow occurs within a given month, the Permittee shall submit a monthly Discharge Monitoring Report (DMR) indicating "No flow" or "No Discharge." Flow shall be monitored with each discharge event, and may be monitored in one of four ways: a. measure flow continuously; b. Rational Method — calculate flow based on total rainfall per unit area, including built -on area draining to the outfall; c. estimate flow at 20-minute intervals during the entire discharge event; or d. report flow based on discharge pump logs. 3. Samples to be collected concurrently with WET -Test sampling. 4. Whole Effluent Toxicity (WET) Testing — Acute WET testing has been relaxed from Quarterly to Annually based on past compliance. Testing will continue Annually provided that the Permittee maintains WET -test results showing "pass" [LC50 > 100%] for each annual event. If WET -test results show "fail" [LC50 < 100%] the sampling frequency shall immediately increase to Quarterly in accord with Section A. (2.), and the Permittee shall not regain eligibility for annual testing frequency except after five (5) consecutive calendar quarters showing "Pass." Conditions: 1. The Permittee shall discharge no floating solids or foam. 2. The Permittee shall discharge no tank solids, tank bottom water, or tank rag layer. 3. Following hydrostatic tank testing, the Permittee shall discharge no tank (or pipe) contents with concentrations of benzene exceeding 1.19 µg/L or toluene greater than 11 µg/L. Page 3 of 6 Permit NCO022217 A. (2.) ACUTE TOXICITY MONITORING - LIMITED (ANNUAL) ACUTE TOXICITY MONITORING (EPISODIC) Petroleum Bulk Storage The Pemrittee shall conduct quarterly acute toxicity tests [except when relaxed to Annual monitorinel using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelar) 24-hour static test. Effluent samples for self - monitoring purposes must be obtained below all waste treatment. The tests will be performed on a discharge event during each quarter (January -March, April -June, July -September, October - December), except when relaxed to Annual monitoring. Should there be no discharge [no flow] from the facility during a quarter in which toxicity monitoring is required, the Pemrittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the. form. The report shall be submitted to the Environmental Sciences Section at the address cited below. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit . condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWR Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Environmental Sciences Section 1621 Mail Service Center Raleigh, N.C. 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 4 of 6 Permit NCO022217 A (3.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then Pemrittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division intends to adopted and implement these regulations in 2013. NOTE: This special condition supplements or supersedes the following sections within Part 11 of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reportine [Supersedes Part U. Section D. (2.) and Section E. (5.) fall Beginning no later than 90 days from the effective date of this permit, the Pemrittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) intemet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), Permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements 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 using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted Page 5 of 6 Permit NC0022217 electronically to the Division unless the Permittee re -applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: htti)://yortal.ncdenr.or web/wq/admin/boWi u/p edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the pen -nit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Sienatory Requirements [Supplements Part H, Section B. (11.) (b) and supersedes Section B. (11.) (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal.ncdenr.org/web/wq/admin/bo�u/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "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 qual fled 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. " 3. Records Retention [Supplements Part H, Section D. (6.)l The Permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.4 1]. Page 6 of 6 NPDES it Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or 'the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. bass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable timetconstant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or 1 cl, d,7r r NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division' The Division of Water Quality, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 11/09)/2011 NPDES 1 It Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment 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 excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Petntince must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411. a. The Pennittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. 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(bx8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement 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 Version 1110912011 NPDES Permit Standard Conditions Page 4 of 18 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(ax2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a 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 122.4l(ax2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class If violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(gx2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part ILCA), "Upsets" (Part H.C.S) and 'Power Failures" (Part H.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Pemuttee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011 NPDES . it Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-231. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit (40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) 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. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the 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: (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 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 (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011 NPDES Permit Standard Conditions Page 6 of 18 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 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "/ 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 qualitied 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. ! am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Pennittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, riles, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year, and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011 NPDES ] t Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, Ill and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times 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. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee 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; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part Q.E.6.(24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) 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 treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment 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 Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(nx2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.13.2. of this permit. c. Burden of proof [40 CFR 122.41(nx4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitorine and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. RRe orting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011 NPDES it Standard Conditions Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements 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. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/Cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit (40 CFR 122.411. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements 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 permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411. 6. Records Retention Except for records of monitoring information required by this permit related to the Pernittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Pernittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation copies of all reports required by this permit D copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CPR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Chances The Pemvttee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(ax I); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncomoliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(i)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new pemtittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(Ix3), 122.61 ] or state statute. Version 11/09/2011 NPDES I t Standard Conditions Page I 1 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(Ix4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public 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 Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(Ix6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Petmittee shall report all instances of noncompliance not reported under Part ll.E.S and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(I)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(Ix8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent 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- 215.1(b)(2) or in Section 309 of the Federal Act. Version 1110912011 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCOS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 11/092011 NPDES . it Standard Conditions Page 13 of 19 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitorine The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharees of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (I mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011 NPDES Permit Standard Conditions . Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part 11 of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(bx11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Pennittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [ I5A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittce) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. in this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [i5A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittce may determine that an Industrial User meeting the criteria in paragraphs I or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicy Owned Treatment Works (POTWs) Version 1110912011 NPDF.S I t Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: l . Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are fisted in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Pemtittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(ax 1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause contusive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. 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 Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this pemrit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (bx8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Proerams Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(bx8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part 11 or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I5A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(bxl) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.44(j)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [i 5A NCAC 02H .0903(bx 13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.S.). [15A NCAC 02H .0903(b)(16), .0906(bx3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permince shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 11/09/2011 NPDES I t Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Pemrittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct WC) The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(bx7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Pcrmittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2xv)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Pernittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1xv) and (2)(iii); 40 CFR 122.446)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(bx8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 11/09/2011 NPDES Permit Standard Conditions . Page 18 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Pemtittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered S1Us, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permitter: shall publish annually a fist of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Pemvttee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(bx5) and .0905 and 40 CFR 403.8(f)(2xviii)] 12. Record Keening The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [I 5A NCAC 02H .0908(i); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permitter: shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 11/09/2011 �r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Coleen H. Sullins, Director March 31, 2008 Jill J. Norman Motiva Enterprises, LLC 2232 Ten Ten Road Apex, North Carolina 27539-8115 Subject: Issuance of NPDES Permit NCO022217 Raleigh Terminal Wake County Dear Ms. Norman: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Vanessa Manuel at telephone number (919) 733-5083, extension 532. Sincerely,�� 01 rr Colleen H. Sullins -ter Attachments Cc: DWQ/SWP Central Files i)WQ/SWP Raleigh Regional Office NPDFS Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733-5063 / FAX: 919.733-0719 / Intemet www.ncwaterguality.org An Equal Opportunity/Affimlative Action Employer- 50°k Recyclecl/10% Post Consumer Paper NorthCarolina Naturally Permit NCO022217 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER 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, Motiva Enterprises LLC is hereby authorized to discharge wastewater from an outfall located at the MOTIVA ENTERPRISES LLC — RALEIGH TERMINAL 2232 Ten Ten Road Apex, North Carolina Wake County to receiving waters designated as an unnamed tributary to Middle Creek within the Neuse River Basin in accordance with effluent limits, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective May 1, 2008. This permit and authorization to discharge shall expire at midnight on April 30, 2013. Signed this day March 31, 2008. Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission PermitNC0022217 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Motiva Enterprises LLC is hereby authorized to: 1. Continue operating the existing Water Pollution Control System consisting of: • a containment pond • a valved outlet pipe located at the Motiva Enterprises LLC — Raleigh Terminal, 2232 Ten Ten Road, in Apex, North Carolina; 2. Continue discharging stormwater runoff to outfall 001; 3. Discharge from said treatment works into an unnamed tributary to Middle Creek, class C-NSW in the Neuse River Basin, at the location specified on the attached map. Permit NCO022217 A. (1.) EFFLUENT LIMITS AND MONITORING REQUIREMENTS — FINAL During the period beginning on May 1, 2008, and lasting until April 30, 2013, the permittee is authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored by the permittee aa specified below: FFLUENT CHARACTERISTICS arameter Description - PCS Code EFFLUENT LIMITS MONITORING REQUIREMENTS Monthly Averse Daily Maximum Unit of Measure Measurement Frequency Sample Type Sample Location Jowl, in conduit or thru treatment plant - 50050 MGD Once per dischar e 1 Effluent lids, Total Suspended - 00630 45.0 m IL Monthly Grab Effluent hos horns, Total as P - 00665 m IL Monthly Grab Effluent itrogen, Tota12 (as N) - 00600 m L Monthly Grab Effluent Total Monthly Flow Monitor & Report MG Monthly Grab Effluent Total Nitrogen (TN) Load3 Monitor & Report Ibslmonth Monthly Grab Effluent Monitor & Report Ibsl ear Annually Grab Effluent urbidity4, HCH Turbidimiter - 00076 NTU Monthly Grab Effluent I & Grease5 - 00556 45.0 m IL Monthly Grab Effluent Nitrogen, K'eldahl, Total as N - 00625 m IL Monthly Grab Effluent itrite plus Nitrate Total 1 DET. as N - 00630 m ILrMonthlGrab Effluent eth I Tert-Bu I Ether - 22417 ILGrab Effluent oluene - 34010 ILGrab Effluent enzene - 34030 ILGrab Effluent ih (benzene - 34371 Grab Effluent ase Neutrals & Add Method 625 ,Efflnt - 76028 IL Semi-annually Grab Effluent )rganics, Tot Pur a-ables Method 624 - 76029 Semi-annually Grab Effluent lene - 81551 IL Monthly Grab Effluent C50 STAT 24hr ACU Pimephales5 - TAE6C percent Annually Grab Effluent Footnotes: 1. Flow —Flow shall be monitored with each discharge event and may be monitored in one of four ways: a measure flow continuously; b. Rational Method — calculate flow based on total rainfall per area including built -on area draining to the outfall (This method shall not be used at sites with large runoff -collection ponds); C. estimate flow at 20-minute intervals during the entire discharge event; or d. report flow based on discharge pump logs. 2. Total Nitrogen — For a given wastewater sample, TN=TKN+NOON+NOZN, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3N and NC,N are Nitrate and Nitrite Nitrogen, respectively. 3. Total Nitrogen Load — TN Load is the mass quantity of Total Nitrogen discharged in a given period of time. See Special Condition A. (2.), Calculation of TN Loads. 4. Turbidity — The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water. Permit NCO022217 5. Oil and Grease —Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 6. Acute Toxicity - Annual, Fathead Minnow, 24-hour. See Special Condition A. (3.), Acute Toxicity Monitoring. The permittee shall not discharge floating solids or foam visible in other than trace amounts. The permittee shall not discharge tank solids, tank bottom water, or the tank rag layer. The permittee shall not discharge tank or pipe contents following hydrostatic testing unless benzene concentration is less than 71.4 µg/L and toluene concentration is less than 11 µg/L. A. (2.) CALCULATION OF TOTAL NITROGEN LOADS a. The permittee shall calculate monthly and annual TN Loads as follows: i. Monthly TN Load (lb/month) = TN x TMF a S.34 where: TN = the average TN concentration (mg/L) of the samples collected during the month TMF = the Total Monthly Flow of wastewater discharged during the month (MG/month). 8.34 = conversion factor, from (mg/L x MG) to pounds ii. Annual TN Load (lb/year) = Sum of the 12 Monthly TN Loads for the calendar year b. The permittee shall report monthly Total Nitrogen results (mg/L and lb/month) in the appropriate discharge monitoring report for each month and shall report each year's results (lb/year) with the December report for that year. Permit NCO022217 A. (3.) ACUTE TOXICITY MONITORING (ANNUAL) The permittee shall conduct acute toxicity tests on an annual basis using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour LC 50 static test. Effluent samples for self -monitoring purposes must be obtained during representative effluent discharge below all waste treatment. The permittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for Pimephales promelas is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, N.C. 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during any month, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. If the Pennittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. 'DES Permit Standard Conditions Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sam nple A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 nil in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant tine/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters Version 1011012007 IPDES Permit Standard Conditions Pa�v 2 of 16 ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hour% shall collect effluent grab samples at least every S hours [S = days detention time] over a 24-hour period. Effluent samples shall be collected at least even six hours; there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: Pemnttees may not submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. Dairy Samplinen Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]' shall be considered = 1. Grab Sample Individual samples of at least 100 nil collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Version 1011012007 DES Permit Standard Conditions Page 3 of 16 Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Dlonthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authin The Director of the of of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment 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 excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. U set An incident beyond the reasonable control of the Pemvttee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions L Duty to Comte The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411. a. The Pernttee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 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 $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act 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 Version 1011012007 ODES Permit Standard Conditions Page 4 of 16 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 vear, 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 S50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than S 100,000 per day of violation, or imprisonment of not more than 6 vears, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a 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 S1,000,000 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 $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class H violations are not to exceed $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. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Pan II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liabih Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Version 1011012007 'DES Permit Standard Conditions Page 5 of 16 5. Propert: Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private propery or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. SeveraW14 The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Pertrittee shall submit such information, forms, and fees as are required by the agency authorized to issue pemnits 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 renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) 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 . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.221. Version 1011012007 b 1PDES Permit Standard Conditions Page G of 16 b. All reports required by the 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: 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 responsibility, or an individual or position having overall responsibilit 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 3. 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 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "1 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.' 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Pernittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0]. 13. Permit Modification Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, ides, and regulations contained in Title 40, Code of Federal Regulations, Pars 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 211.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Per ittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 214.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Pemnittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Pernittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. Version 1011012007 'DES Permit Standard Conditions Page 7 of 16 The ORC of each Class I faciliry must: ➢ Visit the facihrq, at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facihn• at least five days per week, excluding holidays Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times 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 pemmt. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]- 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee 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; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Par II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) 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 treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment 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 Paragraph b. of this section. Version 1011012007 1PDES Permit Standard Conditions Page 8 of 16 (2) By from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. 0) of this section. 5. U12scts a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permitter who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) rlrt upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. G. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. G. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The'Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 214.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. Version 1011012007 PDES Permit Standard Conditions Page 9 of 16 2. Reporting, Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (hIR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DAIR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements 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. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seg.), 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 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.411. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements 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 permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411. 6. Records Retention Except for records of monitoring information required by this permit related to the Per ittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Periittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instnunentation Version 1011012007 PDES Permit Standard Conditions Page 10 of 16 ➢ copies of all reports required by this permit Y copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period mac be extended by request of the Director at any time [40 CFR 122.41). 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permirtee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned ChaWs The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.410)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Pemrittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. Version 10/10/2007 'DES Permit Standard Conditions Page 11 of 16 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as mac be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Motutoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public 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 Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 T (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.410) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Version 1011012007 PDES Permit Standard Conditions Page 12 of 16 Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent 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 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.IC). The report shall summarize the performance of time collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process (es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitorin The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; p) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dirtitrophenol; and one milligram per liter 0 mrmg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; Version 1011012007 DES Permit Standard Conditions Page 13 of 16 (I) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (I mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Pernuttee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) AU POTWs must provide adequate notice to the Director of the following. 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Pertittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; Version 1011012007 PDES Permit Standard Conditions Page 14 of 16 f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; It. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee mac be necessary regarding some or all of the industries discharging to the municipal system. 4. The Pemuttee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Pemuttee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (I X�/S) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Nfonitorh� Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis I( IWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permitter shall submit to the Division a written technical evaluation of the need to revise local limits (Le., an updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. Version 1011012007 DES Permit Standard Conditions - Page 15 of 16 5. Industrial User Pretreatment Permits (IUP) & allocation Tables In accordance with NCGS 143-215.1, the Pemuttee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Pernittee treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworkc Analysis (I -MA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must he evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all pennit- limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (P 4R) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Version 1011012007 'DES Permit Standard Conditions Page 10 of 16 je These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (MSF) Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW s allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and ant• other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This fist shall be published within four months of the applicable twelve-month period. 12. Record Keenine The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version f0/10/2007 Ho WATF'QC Michael F. Easley G Governor �/'� "■ �I Pal William G. Ross Jr., Secretary ::1 h North Carolina Department of Environment and Natural Resources t� Alan W. Klimek, P.E. Director r91111P Z Division of Water Quality ni'� February 6, 2004 / Ms. Nicola Clouf7ei�•. � Motiva Enterpris `6 2232 Ten Ten Road ��F/Cy Apex, North Carolina 2%/. 9/ /Subject: Issuance of NPDES Permit NCO022217 Motiva - Raleigh Terminal Wake County Dear Ms. Cloutier: In accordance with the application for a discharge permit received on October 21, 2002, the Division is forwarding herewith the subject NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). The provisions of this final permit are the same as those of the draft permit transmitted to you by our December 17, 2003 letter. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Mail Service Center 6714, Raleigh, North Carolina 27699-6714. Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by any other federal, state, or local government. Please contact Ken Pickle at (919) 733-5083 ext. 584 with any comments or questions. cc: Raleigh Regional Office Central Files NPDES Unit files Aquatic Toxicology ©On NCDENR Customer Service 1 800 623-7748 Sincerely, riginal Sigma -, Alan W. Klimek, P.E. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Permit NCO022217 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 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, Motiva Enterprises LLC is hereby authorized to discharge wastewater from an outfall located at the Motiva Enterprises LLC — Raleigh Terminal 2232 Ten Ten Road Apex, North Carolina Wake County to receiving waters designated as an unnamed tributary of Middle Creek within the Neuse River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, lII and IV hereof. This permit shall become effective March 1, 2004. This permit and authorization to discharge shall expire at midnight on March 31, 2008. Signed this day February 6, 2004. ��IdAA. God Alan W. Klimek, P. E. Division of Water Quality By Authority of the Environmental Management Commission Permit NCO022217 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Motiva Enterprises LLC is hereby authorized: 1. to continue operating the existing Water Pollution Control System consisting of: • a containment pond • a valved outlet pipe located at the Motiva Enterprises LLC — Raleigh Terminal, 2232 Ten Ten Road, Apex, North Carolina; 2. to continue discharging stormwater runoff to outfall 001; 3. to discharge at the location specified on the attached map into an unnamed tributary to Middle Creek in the Neuse River Basin, a class C NSW stream. Ten Ten Road n LN: W V\1 Motiva Enterprises LLC Raleigh Terminal State Gxid/gla& E23NE/Apex,NC Sub-Ba : 034" Pe>mAted Flow: Episodic — not liroRed &t Class: C NSW Reomi ag Stream: UT of Middle Creek Drainage Bain: Neuse Rives Basin It J )} UR j Facility X '. Location not to scale -. North ES Pemit No. NCO022217 Wake County Permit NCO022217 PART A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flowl Episodic t Effluent Total suspended solids 45 mg1L Monthly Grab Effluent Turbidity' Monthly Grab Effluent Oil and grease2 45 mg/L Monthly Grab Effluent Benzene Monthly Grab Effluent Toluene Monthly Grab Effluent Eth lbenzene Monthly Grab Effluent X lene Monthly Grab Effluent MTBE Monthly Grab Effluent EPA Methods 624 and 625 2/Year Grab Effluent Acute toxicit 3 Annually Grab Effluent Footnotes: I . Flow —Flow shall be monitored with each discharge event and may be monitored in one of four ways: a. measure flow continuously; b. Rational Method -- calculate flow based on total rainfall per area including built -on area draining to the outfall (This method shall not be used at sites with large runoff -collection ponds); c. estimate flow at 20-minute intervals during the entire discharge event; or d. report flow based on discharge pump logs. 2. Oil and Grease — Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 3. Acute Toxicity - Annual, Fathead Minnow, 24-hour. See section A. (2.) Effluent Limitations and Monitoring Requirements Special Conditions — Acute Toxicity Monitoring. 4. Turbidity — The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water. The permittee shall not discharge floating solids or foam visible in other than trace amounts. The permittee shall not discharge tank solids, tank bottom water, or the tank rag layer. The permittee shall not discharge tank or pipe contents following hydrostatic testing unless benzene concentration is less than 71.4 µg/L and toluene concentration is less than I 1 µg/L. Permit NCO022217 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS — ACUTE TOXICITY MONITORING (ANNUAL) The permittee shall conduct annual toxicity tests using protocols defined as definitive in EPA Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The permittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Wee Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Averagg The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. $ ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 oil in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 612012003 NPDES Permit Requirements Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Daily Samplin Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]') shall be considered = 1. Grab Sample Individual samples of at least 100 nil collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 612012003 NPDES Permit Requirements Page 3 of 16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Avemg (concentration limit) The average of all samples taken over a calendar quarter. Severe prooeM damadamage Substantial physical damage to property, damage to the treatment 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 excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions I. Duty o Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 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 $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who neg4gentfy 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. [40 CFR 122.41 (a) (2)] NPDES Permit Requirements Page 4 of 16 d. Any person who knoxingfy 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. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a 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)] Under state law, a civil penalty of not more than $25,000 per violation may be. assessed against any person who violates or fads 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 $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class I1 violations are not to exceed $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. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets' (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permitter from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permitter is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 612012003 NPDES Permit Requirements Page 5 of 16 7. Severabib The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Pernttee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Reauir_�ments All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) 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 . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22). b. All reports required by the permit and other information requested by the 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: 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 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 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 612012003 NPDES Permit Requirements Page 6 of 16 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 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "1 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. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a pemtit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0]. 13. Permit Modification Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitory Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 21-1.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must. ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must. ➢ Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 612012003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Wiper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Pemvttee shall at all times 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 pemvt. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit (40 CFR 12.2.41 (c)] 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] 0) Anticipated bypass. If the Permittee 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; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Pitt II. E. 6. (24-hour notice). c. Prohibition of Bypass p) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) 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 treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment 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 Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Peanut Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. 0) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met No determination made during administrative review of claims that •-erei.i NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part H. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 21-1.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records RRtpresentative Samphag Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Resorting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed' reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 612012003 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements 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. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minitnum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 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(yj, 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit (40 CFR 122.411. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements 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 permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Pemrittee shall retain records of all monitoring information, including ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.411: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 612012003 NPDES Permit Requirements - Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keenin¢ The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of -industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 612012003 MICROBACP Microbac Laboratories, Inc. - Fayetteville CERTIFICATE OF ANALYSIS KOA0158 Project Description Hydro Tank RQ tgl JE� 2�i r( cC)o Zzz 1-4 0,4 4- For: I Ms. Kristine Pelt `� Motiva Enterprise I �r r� rt�, 2232 Ten -Ten Road -1D✓ A rdeo-s4AA,c- Zr`'NK- Apex, NC 27502 Via. bNa:' 2020 Administration Brittany Smith Wednesday, January 15,2020 Please find enclosed the analytical results for the samples you submitted to Microbac Laboratories. Review and compilation of your report was completed by Microbac Laboratories, Inc. - Fayetteville. If you have any questions, comments, or require further assistance regarding this report, please contact your service representative listed above. certify that all test results meet all of the requirements of the accrediting authority listed within this report. Analytical results are reported on a'as received' basis unless specified otherwise. Analytical results for solids with units ending in (dry) are reported on a dry weight basis. A statement of uncertainty for each analysis is available upon request. This laboratory report shall not be reproduced, except in full, without the written approval of Microbac Laboratories. The reported results are related only to the samples analyzed as received. Microbac Laboratories, Inc. 2592 Hope Mills Rd I Fayetteville, NC 28306 1910.864.1920 p I www.microbac.com Page 1 of 6 -47�MICROBAC Microbac Laboratories, Inc. - Fayetteville CERTIFICATE OF ANALYSIS KOAO158 Motive Enterprise Project Name: Hydro Tank Ms. Kristine Pelt project / PO Number: N/A 2232 Ten -Ten Road Received: 01/102020 Apex, NC 27502 Reported: 01/15/2020 Sample Summary Report Sample Name Laboratory ID Client Matrix Sample Type Sample Begin Sample Taken Lab Received Hydro Test KOA0158-01 Aqueous Grab 01/10/20 11:30 01/10/20 11:45 Page 2 of 6 (!�)MICROBAC Microbac Laboratories, Inc. - Fayetteville CERTIFICATE OF ANALYSIS KOA0158 Analytical Testing Parameters Client Sample ID: Hydro Test Sample Matrix: Aqueous Collected By: Harris Lab Sample ID: KOA0158-01 Collection Date: 01/10/2020 11:30 Volatile Organic Compounds - GCIMS EPA 624.1 Benzene Toluene Surrogate: 4-Bromofluorobenzene Surrogate: 1,2-Dichloroethane-d4 Surrogate: Toluene-d8 Analyses Subcontracted to: Microbac Laboratories Inc., - Marietta. CH Result RL Units Dilution Note Prepared Analyzed Analyst <1.00 1.00 ug/L 1 A3 01/13120 1929 EEA <1.00 1.00 ug/L 1 A3 01/13/20 1929 EEA 104 Limit: 60-140 %Rec 1 A3 01113/201929 EEA 102 Limit: 63-140 %Rec 1 A3 01/13/201929 EEA 105 Limit: 60-140 %Rec 1 A3 01113/201929 EEA Microbac Laboratories, Inc. 2592 Hope Mills Rd I Fayetteville, NC 28306 1910.864.1920 p I www.microbac.com page 3 of 6 (V M ICROBAC Microbac Laboratories, Inc. - Fayetteville CERTIFICATE OF ANALYSIS KOAO158 Batch Quality Control Summary: Microbac Laboratories Inc., - Marietta, OH Spike Source % REC Volatile Organic Compounds Result MDL RL Units Level Result %REC Limits - GCIMS Batch BOA0688 - EPA 624.1 - EPA 624.1 Blank (BOA0688-BLK1) Prepared & Analyzed: 01/1312020 Benzene <0.250 0.250 1.00 ug/L Toluene <0.250 0.250 1.00 ug/L RPD RPD Limit Notes Surrogate: 4-BromoBuombenzene 25.7 ug/L 25.0 103 60-140 Surrogate: 1.2- ichloroethane-d4 25.8 ug/L 25.0 103 63-140 Surrogate: Toluenede 26.4 ug/L 25.0 105 60-140 LCS (BOA0688-BSI) Prepared &Analyzed: 01/13/2020 Benzene 21.7 0.250 1.00 ug/L 20.0 109 66-135 Toluene 23.4 0.250 1.00 ug/L 20.0 117 70-130 Surrogate: 4-eromoguorobenzene 24.9 ug/L 25.0 99.4 60-140 Surrogate: 1,2-Dichloroethaned4 24.9 ug/L 25.0 99.6 63-140 Surrogate: Toluene -de 26.3 ug/L 25.0 105 60-140 LCS Dup (BOA0688-BSD1) Prepared &Analyzed: 01/13/2020 Benzene 20.5 0.250 1.00 u9/L 20.0 103 65-135 5.84 20 Toluene 22.1 0.250 1.00 ug/L 20.0 111 70-130 5.72 20 Sumgate: 4-aromo8uombenzene 25.0 ug/L 25.0 99.9 60-140 Surrogate: 1,2-Dichlomethane-d4 26.2 ug/L 25.0 105 63-140 Surrogate.-To/uened8 26.1 ug/L 25.0 105 60-140 Microbac Laboratories, Inc. 2592 Hope Mills Rd I Fayetteville, NC 28306 1910.864.1920 p I w .microbac.com Page 4 of 6 (�)MICROBAC" Microbac Laboratories, Inc. - Fayetteville CERTIFICATE OF ANALYSIS KOA0158 Definitions A3: Sample contained residual chlorine. MDL: Minimum Detection Limit RL: Reporting Limit RPD: Relative Percent Difference uglL: Micrograms per Liter Cooler Receipt Log Cooler ID: Default Cooler Temp: 4,1°C Cooler Inspection Checklist Ice Present or not required? Yes Shipping containers sealed or not required? Yes Custody seals intact or not required? Yes Chain of Custody (CDC) Present? Yes CDC includes customer information? Yes Relinquished and received signature on COC? Yes Sample collector identified on COC? Yes Sample type identified on COC? Yes Correct type of Containers Received Yes Correct number of containers listed on COC? Yes Containers Intact? Yes CDC includes requested analyses? Yes Enough sample volume for indicated tests received? Yes Sample labels match CDC (Name, Dale & Time?) Yes Samples arrived within hold time? Yes Correct preservatives on CDC or not required? Yes Chemical preservations checked or not required? Yes Preservation checks meet method requirements? Yes VOA vials have zero headspace, or not recd.? Yes Project Requested Certification(s) Microbac Laboratories Inc., - Marietta, OH 583 NC Dept. of the Environment and Natural Resources Microbac Laboratories, Inc. - Fayetteville 11 North Carolina DENR NPDES Report Comments Reviewed and Approved By: Samples were received in proper condition and the reported results conform to applicable accreditation standard unless otherwise noted. The data and information on this, and other accompanying documents, represents only the samples) analyzed This report is incomplete unless all pages indicated Brittany Smith in the footnote are present and an authorized signature is included. Administration Reported: 01 /15/2020 11'.02 Microbac Laboratories, Inc. 2592 Hope Mills Rd I Fayetteville, NC 28306 19110.864.1920 p I www.microbac.com Page 5 of 6 `KOAI101pII158p' B C Fayetteville Division 2692 Hope Mills Road - Fayetteville, NC 28306 (910) 864-19201864-8T74 • II tltlll CHAIN OF CUSTODY RECORD PAGE 1 OF 1 I r.- /.0 ® • • • • • CODMA=Nonal = H2S64 • = M20H e r. rre a ■■ ■■■■ ■�r� a ■■■■■■■■■■ ■■■■�� ��■�■■■■■■■■■■■■■■■■ RelhurylWwtl by.. Race a by: IS),.ee6 Time RNIn tler. orte Tim. o.wm nY•Isleeaur. ale nn. -10-2020 R011,yuleNotl py; pay Tlmo ceMYhy: I51gI1aeuM1 Dale Tlme 5 6 nh R.Iri- - .r mnr revel 8'I Temp Feld 7: Tamp Field 2: Water Level #2 REELEWED Il IIi1d15—i I Turnaround time: REGULIAR RUSH I Comments or Special Hazards: I I Weil. l-Is-pcZo IS DATA FOR REG. COMP, LIANCE PURPOSE? NO YES WHICH: Page 6 0l 6 I ROY COOPER Governor MICHAEL S. REGAN Sevetary LINDA CULPEPPER DireLtur Motiva Enterprises, LLC Attn: John Herman 2232 Ten -Ten Road Apex, NC 27539 Dear Mr. Herman: FORTH CAROLINA Environmental Quality December 10, 2019 Subject: Compliance Evaluation Inspection Motiva Raleigh (Apex) Terminal NPDES Permit NCO022217 Wake County Q' f.. F"MWN WAVANVJFFW90 Ui On December 10, 2019, Stephanie Goss of the Raleigh Regional Office (RRO) conducted a compliance evaluation inspection at the Motiva Raleigh Terminal site in Apex. The assistance of Kristine Pelt and yourself during the inspection was greatly appreciated. The following observations were made: • The permit expired on April 30, 2018; however, the Division of Water Resources Water Quality Permitting Section acknowledged that on October 23, 2017 receipt of the permit renewal application was received. • Motiva Enterprises, LLC is permitted to discharge stormwater/wastewater from the Raleigh Terminal located in Apex into an unnamed tributary of Middle Creek, a Class C-Nutrient Sensitive Waters in the Neuse River Basin. • Stormwater/wastewater is collected into a retention pond and discharged through an effluent pipe at the outfall as needed. The outfall was closed and locked; therefore, no discharge was occurring during the time of the inspection. • The facility looked well maintained, clean and the berm surrounding the facility was in good condition. • A review of discharge monitoring report (DMR) data for the period January 2017 through October 2019 showed all required monitoring was performed. • A cursory review of laboratory and DMR data for June 2018 and April 2019 showed consistent reporting of results. 1.0 D_EQNorth Can:IlnaDpartmrvnufErriraunennilQrnlity b;vringtW:ucrResuwres Rae,gh Rryional0firs I idOOB ctt Dri,v I.6^yh.Norrh iaa'Gna 27f+09 If you have questions concerning this report, please contact Stephanie Goss at 919-791-4256 or via e-mail at stephanie.goss@ncdenr.gov. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: RRO, SWP CharWeaver cj' 1�1111t5 United States Environmental Protection Agency Farm Approved. EPA Washington. D. C. 20460 OMB No, 204M057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 iu) 2 15 1 3 I NCO022217 I11 12 19/12/10 17 18 [, j 19 1 s I 201 I 211111 1 1 I I I I II 11 I I I I I I I I I I 1 I I I I I I I I I I Il U l I I I66 Inspection Work Days Facility Self-Mondonng Evaluation Rating B1 CA Reserved 67I ) 701 I 71 I I 72 i r� i 731 I 174 751 I I I I I I 180 L I LJ I I I I I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Penns Effective Date POTW name and NPDES oemt8 Number) 10'OOAM 19/12/10 13/12/07 Apex Terminal 2232 Ten Ten Rd Exit Time/Date Pend Expiration Date Apex NC 27502 10.45AM 19/12/10 18/04/30 Name(s) of Onske Representabve(s)rrides(s)/Phone and Fax Number(s) Other Facility Data /// Not Required/ORC/919-807-6353/ Name, Address of Responsible Official/Tile/Phone and Fax Number Contacted Nicola A EIIis,2232 Ten Ten Rd Apex NC 27502//919-387-5764/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program 0 Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments (Attach additional sheetsof narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Data Stephanie Goss DWR/RRO WO/919-7914200/ Signature of Management O A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Farm 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mofday Inspecton Type NCO022217 121 19/12/10 17. 18 1 r 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checldists as necessary) Page# Permit NCO022217 Owner -Facility: Apex Terminal Inspection Date: 1211012019 Inspection Type: compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ ❑ 0 ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ❑ application? Is the facility as described in the permit? ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ 0 ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment Lagoons Yes No NA NE Type of lagoons? # Number of lagoons in operation at time of visit? 1 Are lagoons operated in? # Is a re -circulation line present? ❑ ❑ 0 ❑ Is lagoon free of excessive floating materials? M ❑ ❑ ❑ # Are baffles between ponds or effluent baffles adjustable? ❑ ❑ E ❑ Are dike slopes dear of woody vegetation? M ❑ ❑ ❑ Are weeds controlled around the edge of the lagoon? 0 ❑ ❑ ❑ Are dikes free of seepage? ❑ ❑ ❑ Are dikes free of erosion? ❑ ❑ ❑ Are dikes free of burrowing animals? ❑ ❑ ❑ # Has the sludge blanket in the lagoon (s) been measured periodically in multiple ❑ ❑ 0 ❑ locations? # If excessive algae is present, has barley straw been used to help control the growth? ❑ ❑ 0 ❑ Is the lagoon surface free of weeds? 0 ❑ ❑ ❑ Is the lagoon free of short circuiting? 0 ❑ ❑ ❑ Comment: Page# 3 MONITORING REPORT(MR) VIOLATIONS for: Report Date: 12/09/19 Page: 1 of 1 Permit: NCO022217 MRS Between 1 - 2017 and 11 - 2019 Region: % Violation Category: /. Program Category: NPDES W W Facility Name: % Param Name % County: % Subbasin:% Violation Action:% Major Minor: % PERMIT: N00022217 FACILITY: Motiva Enterprises LLC-Apex Terminal COUNTY: Ill REGION: Raleigh Monitoring Violation MONITORING VIOLATION UNIT OF CALCULATED % REPORT OUTFALL LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Ovar VIOLATION TYPE VIOLATION ACTION 12-2018 001 Effluent LC50 Static 24hr Acute 12/31/18 Annually percent Frequency Violation None Pimephales Water Resources EMWRONMENTAI OUMITY October 24, 2017 Scott Dilling, Complex Manager Motiva Enterprises LLC 410 Tom Sadler Rd Charlotte, NC 28214 Subject: Permit Renewal Application No. NCO022217 Apex Terminal Wake County Dear Applicant: ROY COOPER Gw or MICHAEL S. REGAN srawary S. JAY ZIMMERMAN DirmN NC Dept OfEnvironruentat Quality NOV - 12017 Raleigh Regional Office The Water Quality Permitting Section acknowledges the October 23, 2017 receipt of your permit renewal application and supporting documentation. Your application will be assigned to a permit writer within the Section's NPDES WW permitting branch. Per G.S. 150E-3 your current permit does not expire until permit decision on the application is made. Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. The permit writer will contact you if additional information is required to complete your permit renewal. Please respond in a timely manner to requests for additional information necessary to allow a complete review of the application and renewal of the permit. Information regarding the status of your renewal application can be found online using the Department of Environmental Quality's Environmental Application Tracker at: https://dgq. nc.gov/permits-regulations/permit-guidance/environmental-application-tracker If you have any additional questions about the permit, please contact the primary reviewer of the application using the links available within the Application Tracker. SincerJ�j Sincerely Wren Administrative Assistant Water Quality Permitting Section cc: Central Files w/application(RRO) ec: WQPS Laserfiche File w/application State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6300 MOTIVA ENTERPRISES LLC October 23, 2017 John Hennessy 512 N. Salisbury Street (9th Floor -Archdale Bldg) Raleigh, NC 27604 Phone:919-807-6397 RE: NPDES Minor Industrial Permit Renewal Application Motiva Enterprises, LLC Apex Terminal Permit No. NCO022217 Dear Mr. Hennessy; Please find included with this cover letter, Motiva's NPDES minor industrial permit renewal application for our bulk terminal in Apex, North Carolina. Our current permit expires on April 30, 2018. This application is being submitted more than 180 days prior to expiration of the permit as required. This application is not requesting any modification to the current design of our NPDES storm water and wastewater system and includes the following: • Application Form —Short Form C • Attachment I —Topographical Map and Process Flow Diagram • Attachment II —Detailed Sampling Results August 2014 - August 2017 If you have any questions, please contact Kristine Pelt at (919) 616-5476 or kristine.pelt@motiva.com. Very yo D. Scott Di ling Complex Manager Enclosures cc: Kristine Pelt (electronic) file 550-03 RECEIVEDMCDEQ/DWR OCT 2 3 2017 Water Quality Permitting Section NPDES PERMIT APPLICATION — SHORT FORM C — Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address NPDES Permit Number NC0022217 Please print or type. Motiva Enterprises LLC Motiva Enterprises LLC — Raleigh Terminal 2232 Ten Ten Road Apex NC 27539-8115 (919) 362-8341 Kristine. Pelt@Motiva. Com 2. Location of facility producing discharge: Check here if same as above Street Address or State Road City State / Zip Code County Wake 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Motive. Enterprises LLC Mailing Address 2232 Ten Ten Road City Apex State / Zip Code NC 27539-8115 Telephone Number (919) 362-8341 Fax Number Page 1 of 4 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 4. Ownership Status: Federal ❑ State ❑ Private 5. Standard Industrial Classification (SIC) code(s): 5171 6. Number of employees: 3 Public ❑ 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. An oil -water separator (OWS) receives water from the truck loading rack. Water from the OWS is routed to a 10,000-gallon tank in the tank dike area. The tank is equipped with a hydrocarbon sensor and level control. A figure is included in Attachment I. 8. Is facility covered under federal effluent limitation guidelines? No ® Yes ❑ If yes, specify the category? 9. Principal product(s) produced: No products are produced. The facility is a bulk terminal for gasoline, petroleum distillates and ethanol. Principal raw material(s) consumed: No raw materials are consumed. The facility is a bulk terminal for gasoline, petroleum distillates and ethanol. Briefly describe the manufacturing process(es): The facility is a bulk distribution terminal for gasoline, petroleum distillates and ethanol. It does not produce, manufacture or consume products or raw materials. Gasoline and distillates are received via pipeline which are then stored in above ground tanks. Ethanol is received via tank truck. All products are loaded out via tanker truck through the terminal's loading rack. 10. Amount of principal product produced or raw material consumed st specific amounts consumed and/or units of groduction over the last three ears) Product Produced or Raw Material Consumed AVERAGE Product Produced or Raw Material Consumed PEAK per Day 500,000 gallons product distributed 607,500 gallons product distributed per Month 15,000,000 gallons product distributed 18,220,000 gallons product distributed per Year 183,000,000 gallons product distributed 194,200,000 gallons product distributed 11. Frequency of discharge: Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: 7* Duration: 24* * Discharge is intermittent and is determined by local rainfall amounts Page 2 of 4 C-MI 10108 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 12. Types of wastewater discharged to surface waters only Discharge Flow GALLONS PER DAY Sanitary - monthly average Not Applicable Utility water, etc. - monthly average Not Applicable Process water - monthly average Not Applicable Stormwater — monthly average 181,000 (dependent upon rainfall; last 3-year average) Other — monthly average Explain: Not Applicable Monthly Average 181,000 total discharge (all types) 13. Number of separate discharge points: 1 Outfall Identification number(s) 001 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude/: Unnamed tributary to Middle Creek within the Neuse River Basin. Latitude 35 42' 57"N, Longitude 78 48' 56"W Refer to Attachment I 15. Effluent Data [for new or proposed discharges) Provide data for the parameters listed. Temperature and pH shall be grab samples, for all otherparameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. NOTE: Permittees requesting renewal should complete the table ONLY for the parameters currently monitored. Summarize the past 3 years of effluent data. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) Not required to be monitored under current permit. See Attachment 11 for last 3 years of monitoring data. Chemical Oxygen Demand (COD) Total Organic Carbon Total Suspended Solids 27.4 8.2 mg/l Ammonia as N Not required to be monitored under current permit. See Attachment II for last 3 years of monitoring data. Temperature (Summer) Temperature (Winter) PH Fecal Coliform (If sanitary waste is present) Total Residual Chlorine (if chlorine is used) Page 3 of 4 C-MI 10108 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number Type Permit Number Hazardous Waste (RCRA) None NESHAPS (CAA) None UIC (SDWA) WI0500057 Ocean Dumping (MPRSA) None NPDES NCO022217 Dredge or fill (Section 404 or CWA) None PSD (CAA) None Other — Air Quality Permit 0451OR15 Non -attainment program (CAA) None 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) None in addition to the compounds being sampled and analyzed. 18. Is this facility located on Indian country? (check one) Yes ❑ No 19. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed name of Person Signing of Applicant . eD'r 1 PLtx M'0'M 6f&-- /0/25/ 1 Date North Carolina General Statute'143-2.15.6-(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 4 of 4 C-MI 10108 Attachment I Figures Topographical Map Oil Water Separator Process Flow Diagram G=1 276 Motiva Enterprises Raleigh Terminal Outfall 001 Loading Rack Stormwater Motiva Enterprises LLC Apex Terminal NPDES Permit NCO022217 Rewvde0 PMdud Sent Olfsib SPCC Tank 10,000 gal w�e< Tank Containment Pond Outfall 001 Unnamed Tributary to Middle Creek Tank Farm Stormwater (Diked Area) Attachment II Detailed Sampling Results August 2014 - August 2017 Detailed Sampling Results August 2014 • August 2017 Motiva Enterprises, LLC Apex, NC Permit No. NC0022217 Month Day Year Parameter Value Units 8 11 2017 00070 - Turbidity 5.2 ntu 6 22 2017 00070 - Turbidity 6.4 ntu 5 30 2017 00070 - Turbidity6 ntu 4 3 2017 00070 - Turbidity4.5 ntu 1 10 2017 00070 - Turbidity 2.7 ntu 10 12 2016 00070 - Turbidity 4.8 ntu 9 28 2016 00070 - Turbidity 5.6 ntu 8 23 2016 00070 - Turbidity 5.4 ntu 7 6 2016 00070 - Turbidity 1.31 ntu 5 2 2016 00070 - Turbidity 4.4 ntu 2 9 2016 00070 - Turbidity7.8 ntu 1 6 2016 00070 - Turbidity4.2 ntu 11 4 2015 00070 - Turbidity 6.7 ntu 10 5 2015 00070 - Turbidity 8.4 ntu 8 12 2015 00070 - Turbidity 7.4 ntu 7 17 2015 00070 - Turbidity17 ntu 6 29 2015 00070 - Turbidity 6.6 ntu 4 6 2015 00070 - Turbidity11 ntu 3 13 2015 00070 - Turbidity 15 ntu 1 6 2015 00070 - Turbidity 9.9 ntu 12 4 2014 00070 - Turbidity 7.1 ntu 10 21 2014 00070 - Turbidity 7.8 ntu 9 15 2014 00070 - Turbidity 5 ntu 8 17 2014 00070 - Turbidity8.2 ntu 8 11 2017 00556 - Oil & Grease <5 moll 6 22 2017 00556 - Oil & Grease <5 m /l 5 30 2017 00556 - Oil & Grease <5 MO 4 3 2017 00556 - Oil & Grease <5 m /l 1 10 2017 00556 - Oil & Grease <5 m /I 10 12 2016 00556 - Oil & Grease <5 m /l 9 28 2016 00556 - Oil & Grease <5 m /I 8 23 2016 00556 - Oil & Grease <5 m /I 7 6 2016 00556 - Oil & Grease <5 m /1 5 2 2016 00556 - Oil & Grease 5.9 m /I 2 9 2016 00556 - Oil & Grease <5 m /I 1 6 2016 00556 - Oil & Grease <5 m /I 11 4 2015 00556 - Oil & Grease <5 m /I 10 5 2015 00556 - Oil & Grease <5 m /l 8 12 2015 00556 - Oil & Grease <5 m /I 7 17 2015 00556 - Oil & Grease <5 m /I 6 29 2015 00556 - Oil & Grease <5 m /I 4 6 2015 00556 - Oil & Grease 5.3 m /I 3 13 2015 00556 - Oil & Grease <5 m A 1 6 2015 00556 - Oil & Grease <5 m /I 4 2014 00556 - Oil & Grease <5 m /I P112 0 21 2014 00556 - Oil & Grease Page 1 of 6 Detailed Sampling Results August 2014 - August 2017 Motiva Enterprises, LLC Apex, NC Permit No. NC0022217 Month Day Year Parameter Valueknits 9 15 2014 00556 - Oil & Grease <5 8 17 2014 00556 - Oil & Grease <5 8 11 2017 22417 - Meth I Tert-But I Ether MTBE <0.56 22 2017 22417 - Meth I Tert-But I Ether MTBE <0.55 30 2017 22417 - Meth I Tert-But I Ether MTBE <0.54 3 2017 22417 - Meth I Tert-But I Ether MTBE <2 1 10 2017 22417 - Meth I Tert-But I Ether MTBE <0.5 10 12 2016 22417 - Methyl Tert-But 1 Ether MTBE <0.5 u /I 7 6 2016 22417 - Methyl Tert-But I Ether MTBE <0.5 u /I 5 2 2016 22417 - Methyl Tert-But I Ether MTBE <0.5 u /1 2 9 2016 22417 - Meth I Tert-But I Ether MTBE <0.5 u /l 1 6 2016 22417 - Methyl Ter[ -Butyl Ether MTBE <0.5 u /1 11 4 2015 22417 - Methyl Tert-But I Ether MTBE <2 u /1 10 5 2015 22417 - Methyl Tert-But I Ether MTBE <0.5 u A 8 12 2015 22417 - Methyl Tert-But I Ether MTBE <2 u A 7 17 2015 22417 - Methyl Tert-But I Ether MTBE <2 u /I 6 29 2015 22417 - Methyl Tert-But I Ether MTBE <2 u A 4 6 2015 22417 - Methyl Tert-But I Ether MTBE <2 u /l 1 6 2015 22417 - Methyl Tert-But I Ether MTBE <2 u /I 10 21 2014 22417 - Methyl Tert-But I Ether MTBE <2 u A 8 11 2017 34010 - Toluene <0.25 u A 6 22 2017 34010 - Toluene <0.25 u /I 5 30 2017 34010 - Toluene <0.25 u /I 4 3 2017 34010 - Toluene <1 u /I 1 10 2017 34010 - Toluene <0.25 u A 10 12 2016 34010 - Toluene <0.25 u /I 9 28 2016 34010 - Toluene <0.25 u /I 8 23 2016 34010 - Toluene <0.25 u /l 7 6 2016 34010 - Toluene <0.25 u /I 5 2 2016 34010 - Toluene <0.25 u A 2 9 2016 34010 - Toluene <0.25 u A 1 6 2016 34010 - Toluene <0.25 u /I 11 4 2015 34010 - Toluene <1 u /I 10 5 2015 34010 - Toluene <0.25 u A 8 12 2015 34010 - Toluene <1 u /l 7 17 2015 34010 - Toluene <1 u /I 6 29 2015 34010 - Toluene <1 u /I 4 6 2015 34010 - Toluene <1 u /I 3 13 2015 34010 - Toluene <1 u /I 1 6 2015 34010 - Toluene <1 u /I 12 4 2014 34010 - Toluene <1 u /I 10 21 2014 34010 - Toluene <1 u /l 9 15 2014 34010 - Toluene <1 u A 8 17 2014 34010 - Toluene <1 u /I 8 11 2017 34030 - Benzene <0.125 u /I 6 22 2017 34030 - Benzene <0.125 u /I Page 2 of 6 Detailed Sampling Results August 2014 - August 2017 Motiva Enterprises, LLC Apex, NC Permit No. NCO022217 Month Day Year Parameter Value Units 5 30 2017 34030 - Benzene <0.125 u /I 4 3 2017 34030 - Benzene <1 u /I 1 10 2017 34030 - Benzene <0.125 u /1 10 12 2016 34030 - Benzene <0.125 u /1 9 28 2016 34030 - Benzene <0.125 u A 8 23 2016 34030 - Benzene <0.125 u /I 7 6 2016 34030 - Benzene <0.125 u /I 5 2 2016 34030 - Benzene <0.125MuA 2 9 2016 34030 - Benzene <0.125 1 6 2016 34030 - Benzene <0.125 11 4 2015 34030-Benzene <1 10 5 2015 34030- Benzene <0.1258 12 2015 34030- Benzene <1 7 17 2015 34030- Benzene <1 6 29 2015 34030 - Benzene <1 u /1 4 6 2015 34030 - Benzene <1 u /I 3 13 2015 34030 - Benzene <1 u /I 1 6 2015 34030 - Benzene <1 u /I 12 4 2014 34030-Benzene <1 u A 10 21 2014 34030 - Benzene <1 u /I 9 15 2014 34030 - Benzene <1 u /1 8 17 2014 34030 - Benzene <1 u /I 8 11 2017 34371 - Eth (benzene <0.25 u /I 6 22 2017 34371 - Eth (benzene <0.25 u /I 5 30 2017 34371 - Eth (benzene <0.25 u A 4 3 2017 34371 - Eth Ibenzene <1 u /I 1 10 2017 34371 - Eth Ibenzene <0.25JuA 10 12 2016 34371 - Eth Ibenzene <0.25 9 28 2016 34371 - Eth Ibenzene <0.25 8 23 2016 34371 - Eth Ibenzene <0.25 7 6 2016 34371 - Eth Ibenzene <0.255 2 2016 34371 - Eth Ibenzene <0.252 9 2016 34371 - Eth Ibenzene <0.25 1 6 2016 34371 - Eth Ibenzene <0.25 u /I 11 4 2015 34371 - Eth Ibenzene <1 10 5 2015 34371 - Eth Ibenzene <0.25 8 12 2015 34371 - Eth Ibenzene <1 7 17 2015 34371 - Eth Ibenzene <1 $Ug 6 29 2015 34371 - Eth Ibenzene <1 4 6 2015 34371 - Eth Ibenzene <1 3 13 2015 34371 - Eth Ibenzene <1 1 6 2015 34371 - Eth Ibenzene <1 12 4 2014 34371 - Eth Ibenzene <1 10 21 2014 34371 - Eth Ibenzene <1 /I9 15 2014 34371 - Eth Ibenzene <1 IA /I8 17 2014 34371 - Eth Ibenzene <1 /I Page 3 of 6 Detailed Sampling Results August 2014 - August 2017 Motiva Enterprises, LLC Apex, NC Permit No. NCO022217 Month Day Year Parameter Value Units 8 11 2017 34696 - Naphthalene <0.2 u /1 6 22 2017 34696 - Naphthalene <0.2 u A 5 30 2017 34696 - Naphthalene <0.2 u /I 4 3 2017 34696 - Na phthalene <1 u /1 1 10 2017 34696 - Naphthalene <0.2 u /I 10 12 2016 34696 - Na phthalene <0.2 u /I 9 28 2016 34696 - Naphthalene <0.2 u /1 8 23 2016 34696 - Naphthalene <0.2 u /I 7 6 2016 34696 - Na hthalene <0.2 u /I 5 2 2016 34696 - Naphthalene <0.2 u /I 2 9 2016 34696 - Na hthalene <0.2 u /1 1 6 2016 34696 - Naphthalene <0.2 u A 11 4 2015 34696 - Naphthalene <1 u /I 10 5 2015 34696 - Na hthalene <0.2 u /I 8 12 2015 34696 - Naphthalene <1 u /I 7 17 2015 34696 - Naphthalene <1 u /I 6 29 2015 34696 - Naphthalene <1 u /l 4 6 2015 34696 - Naphthalene <1 u A 3 13 2015 34696 - Naphthalene <1 u A 1 6 2015 34696 - Naphthalene <1 u A 12 4 2014 34696 - Naphthalene <1 u A 10 21 2014 34696 - Naphthalene <1 u A 9 15 2014 34696 - Na hthalene <1 u /1 8 17 2014 34696 - Na hthalene <1 u /I 8 11 2017 50050 - Flow, in conduit or thru treatment plant 0.168 m d 6 19 2017 50050 - Flow, in conduit or thru treatment plant 0.126 m d 6 22 2017 50050 - Flow, in conduit or thru treatment plant 0.126 m d 5 26 2017 50050 - Flow, in conduit or thru treatment plant 0.21 m d 5 30 2017 50050 - Flow, in conduit or thru treatment plant 0.021 m d 4 3 2017 50050 - Flow, in conduit or thru treatment plant 0.189 m d 4 25 2017 50050 - Flow, in conduit or thru treatment plant 0.378 m d 4 26 2017 50050 - Flow, in conduit or thru treatment plant 0.147 m d 1 10 201.7 50050 - Flow, in conduit or thru treatment plant 0.294 m d 1 31 2017 50050 - Flow, in conduit or thru treatment plant 0.126 m d 10 8 2016 50050 - Flow, in conduit or thru treatment plant 0.42 m d 10 9 2016 50050 - Flow, in conduit or thru treatment plant 0.189 m d 10 12 2016 50050 - Flow, in conduit or thru treatment plant 0.042 m d 9 20 2016 50050 - Flow, in conduit or thru treatment plant 0 9 21 2016 50050 - Flow, in conduit or thru treatment plant 0. 9 28 2016 50050 - Flow, in conduit or thru treatment plant 0. 8 10 2016 50050 - Flow, in conduit or thru treatment plant 0. 8 23 2016 50050 - Flow, in conduit or thru treatment plant 0. 7 6 2016 50050 - Flow, in conduit or thru treatment plant 0. 7 18 2016 50050 - Flow, in conduit or thru treatment plant 0 5 2 2016 50050 - Flow, in conduit or thru treatment plant 0.2941 5 10 2016 50050 - Flow, in conduit or thru treatment lant 0. Page 4 of 6 Detailed Sampling Results August 2014 - August 2017 Motiva Enterprises, LLC Apex, NC Permit No. NCO022217 Month Day Year Parameter Value Units 5 11 2016 50050 - Flow, in conduit or thru treatment plant 0.0945 mad 5 31 2016 50050 - Flow, in conduit or thru treatment plant 0.21 m d 2 9 2016 50050 - Flow, in conduit or thru treatment plant 0.278 m d 2 29 2016 50050 - Flow, in conduit or thru treatment plant 0.084 m d 1 6 2016 50050- Flow, in conduit or thru treatment plant 0.294 m d 11 2 2015 50050 - Flow, in conduit or thru treatment plant 0.126 m d 11 4 2015 50050 - Flow, in conduit or thru treatment plant 0.315 mad 11 20 2015 50050 - Flow, in conduit or thru treatment plant 0.336 m d 10 1 2015 50050 - Flow, in conduit or thru treatment plant 0.126 m d 10 5 2015 50050 - Flaw, in conduit or thru treatment plant 0.105 m d 8 12 2015 50050 - Flow, in conduit or thru treatment plant 0.147 m d 8 24 2015 50050 - Flow, in conduit or thru treatment plant 0.042 m d 8 25 2015 50050 - Flow, in conduit or thru treatment plant 0.126 m d 7 15 2015 50050 - Flow, in conduit or thru treatment plant 0.126 m d 7 17 2015 50050 - Flow, in conduit or thru treatment plant 0.126 m d 6 26 2015 50050 - Flow, in conduit or thru treatment plant 0.42 m d 6 29 2015 50050 - Flow, in conduit or thru treatment plant 0.441 m d 4 6 2015 50050 - Flow, in conduit or thru treatment plant 0.126 m d 4 10 2015 50050 - Flow, in conduit or thru treatment plant 0.357 m d 3 9 2015 50050 - Flow, in conduit or thru treatment plant 0.147 m d 3 13 2015 50050 - Flow, in conduit or thru treatment plant 0.001 m d 3 17 2015 50050 - Flow, in conduit or thru treatment plant 0.063 m d 1 6 2015 50050 - Flow, in conduit or thru treatment plant 0.12 mad 1 20 2015 50050 - Flow, in conduit or thru treatment plant 0.21 m d 1 21 2015 50050 - Flow, in conduit or thru treatment plant 0.168 m d 12 4 2014 50050 - Flow, in conduit or thru treatment plant 0.126 m d 12 26 2014 50050 - Flow, in conduit or thru treatment plant 0.21 m d 10 21 2014 50050 - Flow, in conduit or thru treatment plant 0.105 m d 9 11 2014 50050 - Flow, in conduit or thru treatment plant 0.231 m d 9 15 2014 50050 - Flow, in conduit or thru treatment plant 0.105 m d 9 29 2014 50050 - Flow, in conduit or thru treatment plant 0.084 m d 8 17 2014 50050 - Flow, in conduit or thru treatment plant 0.042 mad 8 18 2014 50050 - Flow, in conduit or thru treatment plant 0.105 m d 8 26 2014 50050 - Flow, in conduit or thru treatment plant 0.105 m d 8 11 2017 81551 - X lene mix of m+o+ <0.5 u /I 6 22 2017 81551 - X lene mix of m+o+ <0.5 u /I 5 30 2017 81551 - X lene mix of m+o+ <0.5 u A 4 3 2017 81551 - X Iene mix of m+o+ <1 u /l 1 10 2017 81551 - X lene mix of m+o+ <0.5 u /l 10 12 2016 81551 - X lene mix of m+o+ <0.5 u /1 9 28 2016 81551 - X lene mix of m+o+ <0.5 u /I 8 23 2016 81551 - X lene mix of m+o+ <0.5 u /I 7 6 2016 81551 - X lene mix of m+o+ <0.5 u /I 5 E1 2 2016 81551 - X lene mix of m+o+ <0.5 u /I 2 9 2016 81551 - X lene mix of m+o+ <0.5 u /I 6 2016 81551 - X lene mix of m+o+ <0.5 u /I Page 5 of 6 Detailed Sampling Results August 2014 - August 2017 Motiva Enterprises, LLC Apex, NC Permit No. NC0022217 Month Day Year Parameter Value Units 11 4 2015 81551 - X Iene mix of m+o+ <1 u /I 10 5 2015 81551 - X Iene mix of m+o+ <0.5 u /I 8 12 2015 81551 - X Iene mix of m+o+ <1 u /I 7 17 2015 81551 - X Iene mix of m+o+ <1.1 u /I 6 29 2015 81551 - X Iene mix of m+o+ <1 u /I 4 6 2015 81551 - X Iene mix of m+o+ <1 u A 3 13 2015 81551 - X Iene mix of m+o+ <1 u /I 1 6 2015 81551 - X Iene mix of m+o+ <1 u /1 12 4 2014 81551 - X Iene mix of m+o+ <1 u /1 10 21 2014 81551 - X Iene mix of m+o+ <1 u /I 9 15 2014 81551 - X Iene mix of m+o+ <1 u /I 8 17 2014 81551 - X Iene mix of m+o+ <1 u /I 8 11 2017 CO530 - Solids, Total Suspended - Concentration 27.4 m /I 6 22 2017 CO530 - Solids, Total Suspended - Concentration 5.4 m /l 5 30 2017 CO530 - Solids, Total Suspended - Concentration 8.2 m /I 4 3 2017 CO530 - Solids, Total Suspended - Concentration 4.8 m /I 1 10 2017 CO530 - Solids, Total Suspended - Concentration 2 m /I 10 12 2016 CO530 - Solids, Total Suspended - Concentration 3.8 m /I 9 28 2016 CO530 - Solids, Total Suspended - Concentration 14.8 m /I 8 23 2016 CO530 - Solids, Total Suspended - Concentration 8.6 m /I 7 6 2016 CO530 - Solids, Total Suspended - Concentration 5.78 m /I 5 2 2016 CO530 - Solids, Total Suspended - Concentration 6.2 m fl 2 9 2016 CO530 - Solids, Total Suspended - Concentration 5.67 m /l 1 6 2016 CO530 - Solids, Total Suspended - Concentration 3 m /I 11 4 2015 CO530 - Solids, Total Suspended - Concentration 4.75 m /I 10 5 2015 CO530 - Solids, Total Suspended - Concentration 4 m /I 8 12 2015 CO530 - Solids, Total Suspended - Concentration 9.6 m /l 7 17 2015 CO530 - Solids, Total Suspended - Concentration 11.7 m /I 6 29 2015 CO530 - Solids, Total Suspended - Concentration 7.3 m /I 4 6 2015 CO530 - Solids, Total Suspended - Concentration 6 m /I 3 13 2015 CO530 - Solids, Total Suspended - Concentration 10 m /I 1 6 2015 CO530 - Solids, Total Suspended - Concentration 5.6 m /I 12 4 2014 CO530 - Solids, Total Suspended - Concentration 4 m /I 10 21 2014 CO530 - Solids, Total Suspended - Concentration 24 m /I 9 15 2014 CO530 - Solids, Total Suspended - Concentration 8 m /I 8 17 2014 CO530 - Solids, Total Suspended - Concentration 7.3 m /I 1 110 2017 TAE6C - LC50 Static 24hr Acute Pime hales >100% percent 2 9 2016 TAE6C - LC50 Static 24hr Acute Pime hales >100% percent 4 6 2015 TAE6C - LC50 Static 24hr Acute Pime hales >100% ercent Data is shown for all months with recorded flows sufficient for smapling. Page 6 of 6 Water Resources ENVIRONMENTAL QUALITY January 11, 2016 Mr. Otto Muha, Terminal Superintendent Motiva Enterprises, LLC 2232 Ten Ten Road Apex, NC 27539 Subject: Compliance Evaluation Inspection Motiva Raleigh (Apex) Terminal NPDES Permit No. NCO022217 Wake County Dear Mr. Muha: PAT MCCRORY Go ff DONALD R. VAN DER VAART se"Imy S. JAY ZIMMERMAN DNeclar On December 17, 2015, Cheng Zhang of the Raleigh Regional Office (RRO) conducted a compliance evaluation inspection of the subject facility. Your assistance during the inspection was greatly appreciated as it facilitated the inspection process. The inspection report is attached. The following observations were made: Motiva Enterprises, LLC is permitted to discharge stormwater/wastewater from the Raleigh (Apex) Terminal into an unnamed tributary to Middle Creek, a class C-NSW water in the Neuse River Basin. • The permit was renewed in November 8, 2013 and became effective on December 1, 2013. • Stormwater/wastewater is collected into a retention pond and discharged through an effluent pipe at the outfall as needed. At the time of inspection. The valve of the effluent pipe was closed. • It was noted that the pond was rehabbed in June 2015, the inside of the ben n was re -enforced with rock. • Lab results, chain -of -custody forms, and DMRs were complete and current, kept in good order and ready for review. February 2014 and July 2015 DMR data were compared to lab bench sheets; no data transcription errors were noted. • The right of way to the outfall was well maintained. The area around the outfall was stabilized with rip rap and in good condition. Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdmr.org/web/wglaps 1628 Mail Service Center, Raleigh. NC 27699-1628 Phone: (919) 7914200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Morava Raleigh (APCX) 1 ammal Permit No. NCO022217 If you have any questions regarding the attached reports or any of the findings, please contact Cheng Zhang at: (919) 791-4200 (or email: cheng.zhang@ncdenr.gov). Danny�mith Regio Supervisor Raleigh Regional Office ATTACHMENTS Compliance Inspection Reports Cc: Central Files w/attachment Raleigh Regional Office w/attachment United States Envmnmenta Protsc im Agency Form Approved. EPA Washington, D.0 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN I 2 H 3 I NC0022217 111 12 15/12/17 17 18 Li 19' g' 20I I 21 111111 11111111111 1111111 1 111111 11111111111 166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 qA---- -Reserved-------- 67I� I 70LJ 71 1 72 ni 73I 74 751 1 I I 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Pennit Effective Date POTW name and NPDES permit Number) 09:OOAM 15/12t17 13/12/01 Apex Terminal ExitTima/Date permit Expiration Date 2232 Ten Ten Rd Apex NC 27502 to OOAM 15/12/17 18/04/30 Names) of Onsits Reprisentative(s)Ttles(s)/Phone and Fax Numbers) Other Facility Data ffl �/tlrtLfa glS-362- 141 Name, Address of Responsible Official/Tide/Phone and Fax Number Contacted Nicola A Ellia,2232 Ten Ten Rd Apex NC 2750211919-387578M No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program M Facility Sfte Review Effluent/Receiving Waters Laboratory Section D: Summary of Flnding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Names) and Signawre(s) of Inspec[or(e) Agency/Office/Phone and Fax Numbers Date Chang Zhang RRO WD//919-7914200/ ct„0-"01I i6 gnaw of Manageme A Re r Ageuxcy/Offic!/Pplhvre and Plax Numbers Date v - 11 EPA Fa3 0-3 (Rev 9-94) Previous editions are obsolete. Page# Permit NCO022217 Owner -Facility: Apex Terminal Inspection Date: 12/17/2015 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ ❑ M ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new 0 ❑ ❑ ❑ application? Is the facility as described in the permit? ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ 0 ❑ ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: Permit was renewed on November 8, 2013 Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑M Cl If effluent (diffuser pipes are required) are they operating properly? ❑ Cl 0 ❑ Comment: Not discharging at time of inspection Laaoons Yes No NA NE Type of lagoons? # Number of lagoons in operation at time of visit? 1 Are lagoons operated in? # Is a re -circulation line present? ❑ ❑ M ❑ Is lagoon free of excessive floating materials? M ❑ ❑ ❑ # Are baffles between ponds or effluent baffles adjustable? ❑ ❑ 0 ❑ Are dike slopes clear of woody vegetation? 0 ❑ ❑ ❑ Are weeds controlled around the edge of the lagoon? 0 ❑ ❑ Cl Are dikes free of seepage? 0 ❑ ❑ ❑ Are dikes free of erosion? E ❑ ❑ ❑ Are dikes free of burrowing animals? 0 ❑ ❑ ❑ # Has the sludge blanket in the lagoon (s) been measured periodically in multiple ❑ ❑ 0 ❑ locations? Page# 3 Permit: N00022217 Inspection Date: 12,117,2015 Owner - Facility: Apex Terminal Inspection Type: Compliance Evaluation Lagoons Yes No NA NE At If excessive algae is present, has barley straw been used to help control the growth? ❑ ❑ 0 ❑ Is the lagoon surface free of weeds? ❑ 110 Is the lagoon free of short circuiting? M ❑ ❑ ❑ Comment: Retention pond collects stormwater runoff from the facility. The pond was rehabed in June 2015 with inside wall reenforced with rocks. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? M ❑ ❑ ❑ Is all required information readily available, complete and current? M ❑ ❑ ❑ Are all records maintained for 3 years (labreg. required 5 years)? ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ Is the chain -of -custody complete? 0 ❑ ❑ ❑ Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWO? ❑ ❑ 0 ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 2417 with a certified operator ❑ ❑ 0 ❑ on each shift? Is the ORC visitation log available and current? ❑ ❑ 0 ❑ Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ 0 ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ 0 ❑ Is a copy of the current NPDES permit available on site? 0 ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ 0 ❑ Comment: Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ❑ ❑ 0 ❑ Are all other parameters(excluding field parameters) performed by a certified lab? ❑ ❑ ❑ # Is the facility using a contract lab? ❑ ❑ ❑ Page# 4 Permit NCO022217 Inspe tW Date: 12/1712015 Owner-Fecisty: Apex Terminal Inspectlon Type: Compliance Evaluation Laboratory # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Incubator (Fecal Coliforrn) set to 44.5 degrees Celsius+/- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? Comment: No field parameters required by the permit. Yes No NA NE ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ Page# 5 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director September 11, 2013 Kenneth Watson, Complex Manager Motiva Enterprises, LLC 2232 Ten Ten Road Apex, North Carolina 27539-8115 John Skvada, III Secretary Subject: NPDES Permit - DRAFT Review Permit NCO022217 Motiva Raleigh Terminal 2232 Ten Ten Road, Apex Wake County Dear Mr. Watson: The Division of Water Resources (DWR or the Division), in accord with your request to renew the subject permit (received October 25, 2012), hereby transmits a permit draft for your review and comment. Please review this draft carefully to ensure your understanding of the limits and monitoring conditions, and to correct errors, if any. Concurrent with this notification, the Division will solicit public comment on the draft by publishing a notice in newspapers having circulation in the general Wake County area, as required by the NPDES Program. Please provide your comments on draft to DENR / DWR / NPDES Program no later October 11, 2013 (approximately 30 days after receiving this document). Your written comments are welcomed, but not mandatory. Summary of Changes to the Previous Permit. 1. For renewal, DWR has updated your facility -description (Supplement to Cover Sheet); updated the Vicinity Map, revised the WET -testing page [Section A. (2.)], and added —parametercodestothe-eifluenttable-[Se ' 2. EPA Test Methods 624 and 625 — Per your request, DWR has discontinued monitoring by Methods 624 and 625 based on parameters not detected above test- method practical quantitation levels (PQLs) over the past permit cycle. 1617 Mail Service Center, Raleigh, North Carolina 27690,1617 VoCaroUae PLocation:Phone: 9 512 N. Salisbury St Raleigh, 492h Carolina 27604 rally Phone;919A07-fi3001PAX:919-607�4921CustomerService:l$77-623E748 K Internet www.nmatenwurces.org An Equal Opportunity \ Af6mlative Action Employer Total Nitrogen (TN) and Total Phosphorus (TP) — The Division has finalized its 2013 permitting strategy for the Neuse River Basin, a basin currently classified nutrient sensitive waters (NSW). Considering this facility's existing analytical database, its episodic minimal flow (< 0.050 MGD, not limited), and SIC Code [5171], Motiva is exempt under State Regulation NCAC 02B .0508, and is no longer required to monitor effluent nitrogen and phosphorus. DWR has therefore discontinued monitoring; removed previous permit Special Condition and related footnotes. 4. Oil and Grease (0&G). Due to the requirement to sample "during discharge" at the designated outfall, DWR has removed the table footnote [Section A. (1.)] requiring a "quiescent zone" for sampling O&G as this sampling practice has been questioned as "non- operational" 5. In accord with Bulk Storage Strategy 2005, relaxed MTBE monitoring from Monthly to Quarterly based on `hot detected." 6. Finally, we have added monitoring for Naphthalene [code 34696] to detect the presence of diesel fuel in the effluent. Following the mandatory 30-day public comment period, the Division will review all pertinent comments, if any, and take appropriate action prior to issuing a final NPDES permit. If you have questions concerning this draft, please e-mail me Doe.corporon@ncdenr.gov], or call my private line (919) 807-6394. 17 Enclosure: NPDES Permit NCO022217 (DRAFT) hc: RRO/SWPS Supervisor, Danny Smith, [draft permit, Fad Sheet] NPDES Program Files [draft permit and Fad Sheet] L.G., ROC ting Compliance and Enforcement R Dlvlslon of Water Resources ec�. Al Susan—PtaWw-§T& r rmft-adTacrSh€e- NPDES, Steve Reid (NPDES) [draft permit and Fad Sheet] DWR/RRO, Mitch Hayes [draft permit and Fad Sheet] Motiva Enterprises, LLC, Kenneth Watson (Complex Manager) [Kenneth. WatsonQa motivaent.com] [draft permit and Fad Sheet] 1617 Mail Service Center, Ral*h, North Carolina 27699-1617 Location: 512 N. Salisbury St Ralelgh, North Carolina 27604 Phone: 919-807-63001 FAX 919-807-64921 Customer Service: "77E23-6748 Internet w ncwatenesources.oig Noce ffiCairofina Amally An Equal Opportunity 1 Afiimatva Action Employer Permit NCO022217 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER PERMIT TO DISCHARGE STORMWATERIWASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELINUNATION SYSTEM DES 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, Motiva Enterprises, is hereby authorized to discharge to receiving waters designated accordance with effluent limi5 II, III and IV hereof. ^ This permit shall This permit and to Raleigh 1 2232 Ten. Ten Signed this day vM 13. an outfall located at the :reek within the Neuse River Basin in other conditions set forth in Parts I, P-111N shall expire at midnight on April 30, 2018. Thomas A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 4 Permit NCO022217 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Motiva Enterprises, LLC is hereby authorized to: 1. continue to operate a Surface -Water Pollution Control System managing stormwater and related petroleum -contact water held in proximity to above -ground storage tanks (ASTs) and appurtenant piping for the distribution of hydrocarbon fuels, troleum distillates, and ethanol [surface bulk -storage exceeding one (1) million gallons], stem consisting of: • truck -loading rack with stormwater runoff troleum-cont water, containerized and recycled offsit , • earthen berms [dikes] surrounding A secondary -con ent areas] • runoff containment pond • gravity drain piping with di a samp d gate operated, normally closed � \\ \ located at the Motiva Ralq&g Jee-h*W,1' 2�2,Ten'Fen 4'4 Apex; then 2. discharge from s%C; me works via Outfall 001, located on the attached map, to an unnamed tributat 'Idle Creek [Stream Segment 17-43-15-(1)], a waterbody currently classifiSj withinSubbasin 03-04-03 of the Neuse River Basin. Page 2 of 4 Permit NCO022217 Part I A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning upon the effective date and lasting until permit expiration, the Permittee is authorized to discharge treated wastewater/stormwater from Outfa11001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS Parameter Codes) LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow t 50050 Epkodic t Effluent Total Suspended Solids C0530 45.0 m Monthly Grab Effluent Turbidity 00076 Monthly Grab Effluent Oil and Grease 2 00556 1 Monthly Grab Effluent Benzene 7.34030 Monthly Grab Effluent Toluene 34010 Monthly Grab Effluent Eth lbenzene 34371 nthly Grab Effluent X lene 81551 onthly Grab Effluent Naphthalene 34696 Konthly Grab Effluent MTBE 4 22417 Qxtagerly Grab Effluent WET Testing 4 TAE6C AnnUoy 4 Grab Effluent Footnotes: 1. Flow — If no flow occurs within a given Discharge Monitoring Report ) in monitored with each disch e a. measure flow c usly; b. Rational Metho culate C. d. 2. Samples to be c l ted c 3. Whole Effluent it; Annually based on maintains WET -test re results show "fail" [LC5 Quarterly in accord with Conditions: shall submit a monthly "No Discharge." Flow shall be �e of four ways: total rainfall per unit area, entire discharge event; or ntl WET -Test sampling. ffj e g — Acute WET testing has been relaxed from Quarterly to }e. Testing will continue Annually provided that the Permittee ing "pass" [LC50 > 100%] for each annual event. If WET -test o] the sampling frequency shall immediately increase to A. (2.), and the Permittee shall not regain eligibility for annual - rnncarnfiva ro a ur mmrhrre c 1nnnna Pace " 1. The Permittee shall discharge no floating solids or foam. 2. The Permittee shall discharge no tank solids, tank bottom water, or tank rag layer. 3. Following hydrostatic tank testing, the Permittee shall discharge no tank (or pipe) contents with concentrations of benzene exceeding 1.19 µg/L or toluene greater than 1 lµg/L. Page 3 of 4 f Permit NC002221Y A. (2.) ACUTE TOXICITY MONITORING - LIMITED (ANNUAL) ACUTE TOXICITY MONITORING (EPISODIC) Petroleum Bulk Storage The Pernuttee shall conduct quarterly acute toxicity tests [except when relaxed to Annual monitoringl using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self - monitoring purposes must be obtained below all waste treatment. The tests will be performed on a discharge event during each quarter (January -March, April -June, July -September, October - December), except when relaxed to Annual monitoring. Should there be no discharge [no flow] from the facility during a quarter in which toxicity monitoring is required, the Permittee will complete the information located at the to of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, co - and the month/year of the report with the notation of "No Flow" in the comment area of the fo report shall be submitted to the Environmental Sciences Section at the address cited below. The parameter code for this test is TAE6C. All toxi ' g results as part of this permit condition will be entered on the Effluent Discharge (MIt- for the th in which it was performed, using the appropriate parameter Zde. Addt 'o Form -1 (original) is to be sent to the following address: E N of Water Resources 27699-1621 Completed Aquatidl'gxfcity=hall b�lewith the Environmental Sciences Section no later than 30 days after � d of the eriod for which the report is made. Test data shall be comp t and accur*e an2i'include all supporting chemical/physical measurements performed in association the t •i ity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity samp a measured and reported if chlorine is employed for disinfection of the waste stream. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 4 of 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary June 25, 2012 Mr. D. Scott Dilling Operations Superintendent 2232 Ten Ten Road Apex, NC 27539 Subject: Compliance Evaluation Inspection Motiva Enterprises, Inc. NPDES Permit No. NCO022217 Wake County Dear Mr. Dilling: On June 25, 2012 Thomas Ascenzo of the Raleigh Regional Office (RRO) conducted a compliance inspection (CEI) of Motiva Enterprise's Raleigh Sales Terminal. The assistance of yourself, operator in responsible charge was appreciated as it facilitated the inspection process. The following observations were made: The rainwater collection in the tank dikes are discharged to a settling pond. From the pond the water is discharged to an unnamed tributary to Middle Creek. The loading racks runoff is sent to an oil/water separator. The product collected in the oil/water separator is hauled for off site disposal. 1. Gasoline, diesel, and ethanol and additives are stored at the terminal. 2. There was no discharge at the time of inspection. The pond did not exhibit any signs of sheen or pollutants and appeared healthy. The valve on the effluent line of the pond is maintained, closed, and locked. 3. The facility looks well maintained and clean. 4. The facility and holding pond is inspected daily by the operators. 5. Discharge Monitoring Report (DMR) for January 2012 was reviewed and checked with benchmarks and found to be accurate. All parameters were conducted monthly as per permit. Solids, Total Suspended and Oil Grease were within limits as per permit requirements. 6. Facility had a copy of the current permit on site and it was available for review. oe NhCamlina Naturally North Carolina Division or water Quality Raleigh Regional office Surface water Protection Phone (919) 791-4200 Customer Service Internet v v ricvaterquality org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 788-7159 877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10 % Post Consumer Paper Motiva Enterprises, Inc.. CEI NC0022217 Page 2 of 2 The Motiva Enterprises, Inc is considered compliant. Please continue your diligence in the proper operation and maintenance of the Motiva Enterprises Inc. Should you or your staff have any questions regarding this inspection or this correspondence, please do not hesitate to contact me at 919-791-4256 or you can e-mail me at tom.ascenzo(cDncdenr.gov. Sincerely, *14f Thomas Ascenzo Environmental Specialist Surface Water Protection Attachment: Compliance Inspection Reports CC: Central Files NC0022217 Raleigh Regional Office SWP United Stales Environmental Pmtection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/molday Inspection Type Inspector Fac Type 1 tNI 2 I sI 31 NC0022217 I11 121 12/06/25 117 18 UC 19t¢I 20I I Ll lJ U IJ Remarks 2111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIJill IIIIIII6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA -----------Reserved --- 67I 169 70 U 71 I I 721 u I 7311.I1J 174 75I I I I I I I 180 lJ Section B: FacilityData Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 12/O6125 08/05/01 Apex Terminal 2232 Ten Ten Rd Exit Time/Date Permit Expiration Date Apex NC 27502 10:20 AM 12/06/25 13/04/30 Name(s) of Onsite Representative(s)/Titles(syPhone and Fax Number(s) Other Facility Data /I Name, Address of Responsible OfficlaVTitle/Phone and Fax Number Contacted Nicola A Ellis,2232 Ten Ten Rd Apex NC 27502/1919-387-57641 No Section C: Areas Evaluated During Inspection Check only those areas evaluated Permit Flow Measurement Records/Reports Self -Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers D to tom ascenzo /'c,,/ RRO WQ//919-791-4200/ a of Managem Q A RevieAgency/Office/Phone an ax Numbers Date 7nal I V EPA Forth 35 -3 (Rev 9-94) Previous editions are obsolete. Page # 1 Permit: NCO022217 Inspection Date: 06125/2012 Owner -Facility: Apex Terminal Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ■ 00 n Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n n n Are analytical results consistent with data reported on DMRs? ■ n ❑ ❑ Is the chain -of -custody complete? ■ n n n Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include ail permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ❑ n 0 ■ (If the facility is = or > 5 MGD permitted flow) Do they operate 2417 with a certified operator on each shift? n n n ■ Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? n n ❑ ■ Is the backup operator certified at one grade less or greater than the facility classification? n n n ■ Is a copy of the current NPDES permit available on site? ■ n n ❑ Facility has copy of previous year's Annual Report on file for review? ❑ n ❑ ■ Comment: DMRs are on file and are available. Lab benchmarks are on file. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ 0 ■ n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n Cl ❑ ■ Is access to the plant site restricted to the general public? woo n Is the inspector granted access to all areas for inspection? ■ ❑ Q n Comment: Plant now contains Ethanol product along with Gas, Diesel and additives. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0013 ❑ Page # 3 c Permit: NC0022217 Inspection Date: 06/25/2012 Owner -Facility: Apex Terminal Inspection Type: Compliance Evaluation Effluent Pipe Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Effluent and pond is free from pollutants. Effluent Sampling Is composite sampling Flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: Monthly monitoring is being conducted by contract lab as required by permit. Yes No NA NE ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Yes No NA NE ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ Page # 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director May 29, 2012 Mr. David L. Goodwin Wake County GSA P.O. Box 550 Raleigh, N.C. 27602-0550 IIII ee Freeman . J U N 1 1 2012 NC DENR Raleigh P—I,1na1 Office Subject: Waiver of Monthly Reporting Requirement NPDES Permit NC0049034 Mount Auburn Training Center W WTP Wake County Dear Mr. Goodwin: The Division has reviewed your request to suspend submission of monthly Discharge Monitoring Reports (DMRs). After considering the recommendations of the staff in the Raleigh Regional Office, I have agreed to waive the requirement to submit monthly DMRs for the subject facility, effective May 1, 2012. The DMRs up through (and including) April 2012 should be submitted as usual. Be advised that if and when any wastewater discharge occurs, the discharge must be monitored as per the terms of the NPDES permit and other applicable rules or statutes. Please keep the Raleigh Regional Office apprised of any pertinent developments that arise regarding this facility, especially if the discharge is re- activated. While requirements for operator visitation, monitoring and reporting are being waived, you are still required to pay the Annual Administering and Compliance Monitoring Fee that is associated with this and all NPDES permits. If you have any questions, or if you wish to request rescission of either permit, contact Charles H. Weaver at 919 807-6391. Since sly, I/ l� L'V �5 �arles Wakild,/ P.E. cc: Central Files Raleigh Regional Office / Danny Smith .' NPDES Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6300 / FAX 919 807-6495 / Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper One NCarolina turallry TF9v Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality October 23, 2008 CERTIFIED MAIL 7002 0860 0006 5836 0434 Jill J. Norman Motiva Enterprises, LLC 2232 Ten Ten Road Apex, NC 27539-8115 Subject: NOTICE OF VIOLATION Motiva Enterprises, LLC - Apex NPDES Permit No. NCO022217 Wake County NOV-2008-LR-0075 Dear Ms. Norman: i )r- -2Q27r I DENR RAHQ ,'; i:.:,'. vrrlt;t a This is to inform you that the Division of Water Quality has not received your monthly monitoring report for August 2008. This is in violation of Part II, condition D(2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports no later than the twenty-eighth (28`s) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. To prevent further action, please submit said report to me at the letterhead address within fifteen (15) days of receipt of this notice. Additionally, this letter provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve (12) reporting months. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact me at 919/807-6392. Sincerely, ��uy12F 40-4 Vanessa E. Manuel Eastern NPDES Program Cc: Danny Smith, DWQ/SWP Raleigh Regional Office Case File NOV-2008-LR-0075 DWQ/SWP Central Files tCarolina /m(/Y N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 807-6300 Customer Service 1 800 623-7748 \��F V`1 AT F9oG Michael F. Easley O Governor �? William G. Ross, Jr., Secretary >_ ti North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality October 23, 2008 CERTIFIED MAIL 7002 0860 0006 5836 0427 RETURN RECEIPT REQUESTED Joseph M. Thompson Dutchman Creek, Inc. 9520 Penny Road Raleigh, NC 72606 OENQ Rq� Z��R Subject: NOTICE OF VIOLATION Twin Lake WTP NPDES Permit No. NCO083747 Wake County NOV-2008-LR-0074 Dear Mr. Thompson: This is to inform you that the Division of Water Quality has not received your monthly monitoring report for August 2008. This is in violation of Part II, condition D(2) of the NPDES permit, as well as 15A NCAC 213 .506(a), which requires the submittal of Discharge Monitoring Reports no later than the twenty-eighth (28ih) day following the reporting period Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. To prevent further action, please submit said report to me at the letterhead address within fifteen (15) days of receipt of this notice. Additionally, this letter provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve (12) reporting months. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact me at 919/807-6392. Sincerely, X4,�9 ) 162-w--4 Vanessa E. Manuel Eastern NPDES Program Cc: Danny Smith, DWQ/SWP Raleigh Regional Office Case File NOV-2008-LR-0074 DWQ(SWP Central Files t�°° Carolina atundy N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 807-6300 Customer Service 1 800 623-7748 ATF90 Michael F. Easley G Governor rWilliam G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources `i Coleen H. Sullins, Director Division of Water Quality September 5, 2008 Jill J. Norman Motiva Enterprises, L.LC 2232 Ten Ten Road Apex, NC 27539-8115 Subject: Retraction of Notice of Violation Letter Motiva Enterprises, LLC — Apex NPDES Permit NCO022217 Wake County NOV-2008-LR-0054 Dear Ms. Norman: In a letter dated August 22, 2008, you were informed the Division had not received the June 2008 monitoring report for the above permitted facility. After receiving copies of certified documentation showing delivery confirmation on July 23, 2008, it was determined that although we could not timely locate the discharge monitoring report in our files, they were in fact submitted and received by the Division within the appropriate time frame. As a result, your facility is not in violation of the self -monitoring requirements of your NPDES permit, and the NOV letter dated August 22, 2008, against NPDES permit number NCO022217 is hereby rescinded. We appreciate you providing us with the additional copy of the June 2008 DMR for our records, and we regret any inconvenience this error may have caused. If you have further questions or concerns, please contact me at (919) 807-6392. Cc: DWQ/S WP — RRO Supervisor DWQ/SWP Central Files Self copy Sincerely, LGL-rc.tiY�— Vanessa E. Manuel Eastern NPDES Program t�""o��nnCarolina N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 807-6300 Customer Service 1 800 623-7748 I MOTIVA ENTERPRISES LLC Ghat. Taza-.o 6 Sa.d, Are. V n iJ W T.,�n - CERTIFIED MAIL 7006 2760 0003 8369 2221 RETRURN RECEIPT REQUESTED August 26, 2008 Ms. Vanessa E. Manuel Eastern NPDES Program N.C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: NOTICE OF VIOLATION — NOV-2008-LR-0054 Motiva Enterprises, LLC — Apex NPDES Permit No. NCO022217 Wake County Dear Ms. Manuel: I U ------------------ ,I SEP 3 2MA j l' Pursuant to your letter of August, 22, 2008 concerning June 2008 monthly monitoring report. The report was mailed to your department July 22, 2008 and received by your department on July 23, 2008. Please find enclosed a copy of the June report and Return Receipt. Since the report was submitted and received by your department within the regulatory reporting period, Motiva respectfully requests that the reference NOV be rescinded. If you have any questions or need additional information, please call me at (615) 350-8180. Very truly yours, MOTIVA ENTERPRISES, LLC 1 Jil J. Norman, Field Environmental Coordinator Enclosures \ Cc: DSDilling-Motiva Apex 1717 — 6V Avenue, North Nashville, Tennessee 37209 Phone: (615) 350-8180 Fax (615) 350-7087 ►I i 08/25/2008 12:48 ` 0 362-4013 MOTIVA APERMINAL PAGE 03iO4 ■ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is cimired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the hack of the malpiece, or on the front if space permits. t. Ankle Addressed to: North Carolina Departmerd of Environment and Natural Resources DWQ /Environmental Sciences Branch A Signature Agent X a Mdre ' Addressee B. FIW*Ved by ( Freda[/ Name) G. Oets $r odmey 0. Is doNm address dMfam hnaf It M 17 ❑ Yee M YES, enter delivery address hebw ❑ No 1621 Mail Service Center 3 see Type Raleigh NC 27699.1621 `9f Carnfied Mall p E.P an Ma l ❑ RePWW Return Receipt }er MBmhvWlra ❑ Mkured Mal C.O.O. 4. Restricted Delivery? (&" Fee) l7 Yea 2. ArhdeNcmber 7003 2260 0005 0497 2414 (render rrom servae labet) _ PS Farm 3811. February 2004 Domestic Ratwn Rece" tar'9542 µ15 _.sue nn SEP 3 ' L 08/25/2008 12:48 919-362-40 MOTIVA APEX TERMINAL f PAGE 04/04 U.S_ Postal Services„ CERTIFIED MAILr., RECEIPT (Oome9fic Mai! Only: 1Mo lnsuryrlce Coverage Fa dNivery information rcit ouf w¢DsilE at OFFICIAL provided) rww,yspb,Cply,, ru rn Northfu Carohna Department of Environment r11 ResourcesM and Natural EnvironmentalMalBranch �c ;1ruc1ipp5 I 4 - 08/25/2008 12:48 919-362-4013 MUTIVA APEX TERMINAL PAGE 02/04 NPDES PEMIrf No. NCU012217 FACILITY NAM MOTIVA EN OPERATOR IN RESPONSIRLE CUAV CFFITTFLEDLABORATORIES(l) A CHECK BOX IF ORC HAS CtL&NCED MA ORIGINAL aW ONE Copy to, ATTrit CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC2769$61617 EFFLUENT DISCHAROENO. 001 MONTH JUNE YEAR 7.0a JGIITFRMIKAL CLMS-S NIA . —COUNTY WAKE GRADE NIA PHONE RIPS (2) PERSON(S) COLLECTINGA;�-iTacs; TERMINAL OVERATOILIJ QA MEP A 1) ATURE IN YMPONSUILE By THIS SIGNATURE, I CERTIrV THAT TH=L2008 ACCURATE AND COMPLZT9 To THE 13M or MY KNoWLncr- 9W" 00530 00076 00956 34030 34010 1 34371 1 015111 214171 1 ----T---T-- TAW I 0 0 u SMBRPARAMiTF.RCGDEADOVC NAME AM UNITS UpAlow -M—ow bw 0 IOU Im YAWN him) MCWL NTU NGIL UG(L VGA, tK^ UG11 UGIL VWL tC& PIV N/A IqMd' 10W f 3 NIA NIA NNE !9 7 NIA Lit' A W W6iW 4 P-A-v VY V T.W3 M—wv—w p W 4 t 1 WA M 0. ', zlp" C� I] NIA 12 MN. m" N/A I NO FLOW FOR THIS MONTH �L4 15 N/A 76 41:041 17 N/A -L8 19 NIA 7�7- 77777 21 NIA 2Z 23 NIA Row :9R-7.Vi,:Yyrky ht a"e"r 4-W 25 NIA A L.�a r�-"O&L 2 �Ld��ffi -pre 21 —EZmZRW NIA 2 29 WA 30117iXg-Wil J'u'. iv V ZW'. �� 'W-31 &44 =1 71 1-11 'p.. t7l. - q. M. P I ME* I aE HE ME RE 311 1 N/A AVVRAGF, I MAXIMUM 770EWNTINP mip(Imum -c—'s M,Whly Uftl 4101 Mo VIcA C; I �10 Tr mz 1 4&0 1 DWqPam WI(oIfflo) RED -,FIVES �O FZ�G�\9 ti�°� �. m`O�` O�Q 0oG�9 O�OF �fJ A TF9oG Michael F. Easley Governor r? 1< William G. Ross, Jr., Secretary > I ti North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality August 22, 2008 CERTIFIED MAIL 7002 0860 0006 5835 9971 Jill J. Norman Motiva Enterprises, LLC 2232 Ten Ten Road Apex, NC 27539-8115 Subject: NOTICE OF VIOLATION Motiva Enterprises, LLC - Apex NPDES Permit No. NCO022217 Wake County NOV-2008-LR-0054 Dear Ms. Norman: This is to inform you that the Division of Water Quality has not received your monthly monitoring report for June 2008. This is in violation of Part II, condition D(2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which. requires the submittal of Discharge Monitoring Reports no later than the twenty-eighth (28r°) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. To prevent further action, please submit said report to me at the letterhead address within fifteen (15) days of receipt of this notice. Additionally, this letter provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve (12) reporting months. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact me at 919/807-6392. Sincerely, Vanessa E. Manuel Eastern NPDES Program Cc: Danny Smith, DWQ/SWP Raleigh Regional Office Case File NOV-2008-LR-0054 DWQ/SWP Central Files PIS` Carolina wwally N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 807-6300 Customer Service 1 800 623-7748 0 Michael F. Easley, Govemnnn-C-7 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Colas H. Sullins, Director Division of Water Quality October 9, 2007 JIL NORMAN ENVIRONMENTAL ENGINEER III MOTIVA ENTERPRISES LLC 2232 TEN TEN ROAD APEX NC 27539 Subject: Receipt of permit renewal application NPDES Permit NCO022217 Motiva Enterprises LLC — Raleigh Terminal Wake County Dear Ms. Norman: The NPDES Unit received your permit renewal application on October 2, 2007. Upon initial review, we noted that a Sludge Management Plan was not included in the application paperwork. Before further• review can be made, we will require a Sludge Management Plan be submitted to this unit. If a Sludge Management Plan is not required for your operation, please provide this unit with a statement indicating this. On receipt, a member of the NPDES Unit will review your application and will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permits, please contact Vanessa Manuel at (919) 733-5083, extension 532. Sincerely, ,(O, V I1/ rut..v"" Dina Sprinkle NPDES Unit cc: CENTRAL FILES Raleigh Regional Office/Surface Water Protection NPDES Unit N""o�ncarolina wWA(rally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 Phone (919) 733-7015 Customer Service Internet: w newateraualitv.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal opportunitylAfimtetive Action Employer— 50% Racyded/10% Post Consumer Paper NPDES PERMIT APPLICATION — SHORT FORM C — Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to:] N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number N-6 22217 Please print or type. OCT 2 I'll D 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address Motiva Enterprises LLC Motiva Enterprises LLC — Raleigh Terminal 2232 Ten Ten Road NC 27539-8115 (919)362-8341 (919)362-4013 Jil.Norman@motivaent.com 2. Location of facility producing discharge: Check here if same as above Street Address or State Road City State / Zip Code County 0 Wake DENR - WATER QUALITY FONT SOUR'E BRANCH 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORQ Name Motiva Enterprises LLC Mailing Address 2232 Ten Ten Road State / Zip Code NC 27539-8115 Telephone Number (919) 362-8341 Fax Number (919) 392-4013 4. Ownership Status: Federal State Private Public Page 1 of 5 C-MI 03/05 NPDES PERMIT APPLICATION — SHORT FORM C — Minor Industrial Minor industrial, manufacturing and commercial facilities. 5. Standard Industrial Classification (SIC) code(s): 6. Number of Employees: 5171 Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. There are no wastewater treatment components for this facility. Only retention pond prior to discharge. 8. Is facility covered under federal effluent limitation guidelines? No Yes If yes, specify the category? 9. Principal product(s) produced: Bulk motor fuels storage and distribution only Principal raw material(s) consumed: N/A Briefly describe the manufacturing process(es): Bulk storage and distribution of motor fuels NPDES PERMIT APPLICATION — SHORT FORM C — Minor Industrial Minor industrial, manufacturing and commercial facilities. 10. Amount of principal product or raw material consumed (List specific amounts consumed and/or units ofproduct over the last three ars) Product or Raw Material Consumed AVERAGE Product or Raw Material Consumed (PEAK) r Day 723,955 gallons product distributed 745,804 gallons product distributed r Month 22,020,306 gallons product distributed 24,733,715 gallon product distributed r Year 264,243,670 gallons product distributed 272,218,371 gallons product distributed 11. Frequency of discharge: Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: 7* Duration: * Discharge is intermittent and is determined by local rainfall amounts 12. Type of wastewater discharged to surface waters only a 24 Hours Discharge Flow GALLONS PER DAY) sanitary — monthly averse N/A Utility water, etc. — monthly averse N/A Process water — monthly averse N/A Stormwater — monthly averse 450,000 Other — monthly average Explain: N/A Monthly Average total discharge (all 450,000 13. Number of separate discharge points: I Outfall Identification number(s) 001 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Refer to Figure 1, Unnamed tributary to Middle Creek, Neuse River Basin, Latitude — 35* 42' 5T'N, Longitude — 780 48' 56" W NPDES PERMIT APPLICATION — SHORT FORM C — Minor Industrial Minor industrial, manufacturing and commercial facilities. 15. Effluent Data Provide data for the parameters listed. Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. if only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement • Biochemical Oxygen Demand (BOD5) N/A N/A N/A • Chemical Oxygen Demand (COD) N/A N/A N/A • Total Organic Carbon N/A N/A N/A Total Suspended Solids 16 9 1119/1 • Ammonia as N N/A N/A N/A • Temperature (Summer) N/A N/A N/A • Temperature (Winter) N/A N/A N/A • pH N/A N/A N/A • Fecal Coliform (If sanitary waste is resent) N/A N/A N/A • Total Residual Chlorine (if chlorine is used) N/A N/A N/A • Not required to be monitored under current permit. 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none ifnot applicable): Type Permit Number Type Permit Number Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) None NESHAPS (CAA) W10500057 NCO022217 None None Ocean Dumping (MPRSA) None None Dredge or Fill (Section 404 or CWA) None Other — Synthetic Minor Air Permit 0451ORIO 17. List any chemicals that maybe discharged (Please list and explain source and potential source amounts.) Oil & Grease BETX, MTBE fuel grade ethanol — resulting from accidental releases potential amounts are minimal. 0� a .+s !`_AAI MKK NPDES PERMIT APPLICATION — SHORT FORM C — Minor Industrial Minor industrial, manufacturing and commercial facilities. I& Is this facility located on Indian country? (Check one) Yes No ❑� 19. Applicant Certification I certify that 1 am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Ken Watson Carolina Complex Manager Printed Name of Person Signing Title of Applicant Date 1-2 North Carolina General Statute 143-215.6 (b) (2) provides that; Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing the Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) MOTIVA ENTERPRISES LLC s.m. T„r 68ru rosin, vM•trv'oV+tw DATE: OCTOBER 31, 2005 TO: GENERAL MANAGER- DISTRIBUTION REGIONAL MANAGERS MANAGER OF HEALTH, SAFETY, & ENVIRONMENT COMPLEX MANAGERS, TERMINAL MANAGERS AND SUPERINTENDENTS (each acting Individually) FROM: BRIAN SMITH VICE PRESIDENT, MOTIVA ENTERPRISES LLC SUPPLY, DISTRIBUTION, AND COMMERCIAL MARKETING SUBJECT: "RESPONSIBLE OFFICIAL" DELEGATION Pursuant to the delegated authorities granted to me as Vice President of Supply. Distribution, and Commercial Marketing of Motiva Enterprises LLC ("Company") by the President and Chief Executive Officer of the Company. you are hereby authorized and empowered each acting individually, in the name and on behalf of the Company, to the extent permitted by law, to act on behalf of the Company as a duly authorized representative concerning certain specific environmental matters necessary to the operation of the Company's business. This delegation shall include the [natters set out below. These authorities shall always be exercised consistent with the Limited Liability Company Agreement of the Company and policies in the best interest of the Company and its owners as dictated by prudent business judgment and in strict accordance with The letter and spirit of the Company's Code of Conduct and all current Company policies and procedures. You are hereby authorized with respect to the following matters: Permit Applications, Amendments, Moiificatiom, Transfers, Report and Other Information To the extent permitted by law. pursuant to the United States Environmental Protection Agency's permit regulations miler federal statutes and regulations under slate environmental statutes, you are hereby delegated authority to sign envirounncmal pertrtit applications, requests for permit amendments, modifications or tmnsfcm reports, and other information provided to governmental agencies in connection with environmental permits. Delegation to Supervisor In the absence of the Complex Mauager, Temunal Manager, and Superintendent. the Supervisor may perform the same duties as stated above with respect to reports and other information. Scope and subdelegation You shall sign for those facilities or activities, which arc within your overall operational responsibility and which are appropriate for your tide and position. You nay further delegate your to sign reports and submit information to the extent permitted by applicable law Please file or provide these delegations to the office of the Company's Corporate Secrclan Office i Bri Srmth Motives Enterprises LLC Vice President Supply, Distrbutiom and Commercial Marketing J 1 7 J FFFF JUpEncy \ o. 1 ( / / v J �•, �� � / ` r' Motive Enterprises � � IoC`cu•Jf��+ — • ,��. � outfa11001 1 fiver 78.48' 56" W (NAD27) I ; i\ i i � % /� `\,' � �. /� . l - • _i `_yam ;. A. 1 V J If '�•' 16 ! rr , ill\ � �--•� , . / i./ �, 0 0.3 0.6 0.9 1.2 1.5 km M• G 0 0.2 0.4 0.6 0.8 1 mi WLFL-TV (Raleigh), USGS Apex (NC) Quadrangle Projection is UTM Zone 17 NAD83 Datum M=-8 716 G=1 276 Figure 1.—Motiva Enterprises Raleigh Terminal Outfall 001 •'/�� • ;,x�• w ram. �•+n-. .. PF �'4•t _ � /�>�� 'fi� � -...i -- .. }.'. .• t , s 1. x iL 1Ar. - +� :: �./Y r`_ .j'H�tF+ � T '? �♦ a� Pt K NO . � �aY�.al�� :• 1 f. ��� \ � J!i81J Sr '� ,9 a hl.�. . 4 (�` � 1 � _. / a� tt - � L/ Y,•` .t a Lµ a' � .�r X"r�,v � ;�� �w 5� 'yt � .11 �, �: -. +'�' .�•,.� •, �� if f ,-�F' L `� a � - � .1..r•.:i v f�}..x ' ., � ft. f 3wt,,.. 7F. 'g, 1{`"'r p.-..a,;. j ' .., �.Y... ..:.' 1. .e•w i � f :7n ec-. Pj nm�i. _ i►{.ttie W+f � - a • i4r;:v_ 1aa[a 'w� .q. ..: �?+. �• :F1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Coleen H. Sullins, Director August 22, 2007 Jill J. Norman Motiva Enterprises LLC 1717 Sixty-first Avenue North Nashville, TN 37209 Subject: Renewal Notice NPDES Permit NC0022217 Apex terminal Wake County Dear Permittee: Your NPDES permit expires on March 31, 2008. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than October 3, 2007. Failure to request renewal by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after March 31, 2008, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephone number or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files Raleigh Regional Office, Surface Water Protection NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 ne 512 North Salisbury Street, Raleigh, North Carolina 27604 ciAhCarolina Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / chades.weaver0ncmail.net )Vatura!!ty An Equal Opportunity/Affirmative Action Employer- 500% Recycled/10°/ Post Consumer Paper PDES PERMIT NC00W APEX TERMINAL WAKE COUNTY The following items are REQUIRED for all renewal packages: 0 A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. o The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. o If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Pitt II.B.I Lb of the existing NPDES permit). o A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned Iacilides treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mrs. Frances Candelaria NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 O�O� W AT F, QG co O Y Jil J. Norman Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources March 8, 2007 Alan W. Klimek, P.E., Director Division of Water Quality �I MAR - 9 2001 Motiva Enterprises, LLC 1717 — 61" Avenue, North Ot RNLEiG; ;; i;IONAL OFRC" Nashville, TN 37209 -- - " Subject: Retraction of Notice of Violation (NOV-2007-I.R-0014) Motiva Enterprises LLC - Apex NPDES Permit NCO022217 Wake County Dear Ms. Norman: In a letter dated February 21, 2007, Motiva Enterprises LLC was informed the Division had not received the subject facility's monthly monitoring report for December 2006. In your correspondence dated March 1, 2007, you provided a copy of certified documentation showing the Division's Mail Service Center received the facility's December 2006, discharge monitoring report (DMR) on January 4, 2007. It was determined that although we could not locate the missing DMR in our files, it was in fact submitted and received by the Division within the appropriate time frame. As a result of this, the subject facility is not in violation of the self - monitoring requirements of its NPDES permit, and the NOV letter dated February 21, 2007, against NPDES permit number NCO022217 is hereby rescinded. We appreciate you providing us with an additional copy of the December 2006, DMR for our records, and we regret any inconvenience this error may have caused. If you have further questions or concerns, please me at (919) 733-5083, ext. 532. Sincerely, 5--) fi(a."4 Vanessa E. Manuel Cc: DWQ/SWP—RROSupervisor DWQ/SWP Central Files 1���`nCarolina r5jura!/y N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 WATF � —{ Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources February 21, 2007 CERTIFIED MAIL 7002 0860 0006 5835 8882 RETURN RECEIPT REOUESTED Nicola Cloutier Motiva Enterprises, LLC 2232 Ten Ten Road Apex, NC 27502 Subject: NOTICE OF VIOLATION Motiva Enterprises LLC - Apex NPDES Permit No. NCO022217 Wake County NOV-2007-LR-0014 Dear Ms. Cloutier: Alan W. Klimek, P.E., Director Division of Water Quality FEB 2 3 2907 OEHCI This is to inform you that the Division of Water Quality has not received your monthly monitoring report for December 2006. This is in violation of Part 11, condition D(2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports no later than the twenty-eighth (28'e) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. To prevent further action, please submit said report to Vanessa Manuel at the letterhead address within fifteen (15) days of receipt of this notice. Additionally, this letter provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve (12) reporting months. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact me at 919n33-5083, extension 532. Sincerely, Vanessa E. ManuQ el Eastern NPDES Program Cc: . Myrl Nisely, DWQ/SWP Raleigh Regional Office Case File NOV-2007-LR-0014 DWQ/SWP Central Files Np `]tht lips N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 �0F W AT FR p • Mi41hcLF F� u ey. Governor w YWillitita G. r., Secretary CO > r North Carolina Department of Environment iR1J,"— hl Resources O -( AlanIN. Klimel4 E. Director Division orV ater Quality Date February 1, 2006 D.L.Jones Motive Enterprises, LLC 2232 Ten Ten Road Apex, NC 27502 Subject: Notice of Incomplete Discharge Monitoring Report NCO022217 Dear Permittee: The purpose of this letter is to call your attention to problems with the recent submittal of the Discharge Monitoring Report (DMR) from your facility. As you may know, the data recorded on your DMR is keyed into the Division's database. Our data entry staff has informed me of problems with your recent DMR submittal. Until these problems have been corrected, your DMR will be considered incomplete. Please see the attached form along with a copy of the problem DMR for details regarding the DMR's deficiency. Incomplete or illegible DMRs affect our staffs ability to provide a timely and effective evaluation of DMR submittals. Please be aware that until the Division receives a corrected DMR, you may be considered noncompliant with your NPDES permit and 15A NCAC 02B .0506, and you may be subject to further enforcement action. Please take the necessary steps to correct the problems and submit two copies of the amended DMR within fifteen (15) days of the date of this letter to the following address: Attention: Michele Phillips Division of Water Quality Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Future DMR submittals with the same or similar problems will be unacceptable. If you have any questions about the proper completion of DMRs, please contact Michele Phillips at 919-733-5083 Ext 534. Thank you for your assistance in this matter. Sincerely, Michele Phillips cc: Raleigh Regional Office Central Files NOn` Caznlina Wivralry N. C. Division of Water Quality 1617 Mail service Center Raleigh, North Carolina 27699-1617 Phone: (919) 733-7015 Customer service Internet httpllh2o.enrstate.m.is 512 N. Salisbury St Raleigh, NC 27604 Fax: (919) 733-0719 1-877-623-6748 An Equal Opportunity/Afinmative Action Employer \� Notice of Incomplete Discharge Monitoring Report Permit Number: W 0 0 �a Facility: Ma+�1✓`� L�11tEf AtSe 5 LI-. -iZ.16A �eiUv-V-� County: WA k L DMR Month and Year: b "-b� / The Division of Water Quality deems the aforementioned DMR as incomplete due to the following reason(s): (Please see highlighted areas on the attached DMR for details) ❑ The written values are illegible ❑ The Average, Maximum, and/or Minimum data points have been omitted ❑ The Units of Measure have been omitted or are incorrect ❑ The DMR Parameter Codes have been omitted U Other: With regard to parameters 34235 (dissolved Benzene) and 34481 (dissolved Toluene), which you reported our database shows the codes should be 34030 (Total Benzene) and 34010 (Total Toluene). Please inform this office if the analytical method used was indeed what you reported (34235, dissolved Benzene and 34481 dissolved Toluene) or if the lab actually analyzed for Total Benzene (34030) and Total Toluene (34010). If the latter is correct please update your form template with the correct codes and resubmit per enclosed letter. is Michael F. Easley L Governor CtAf ( � William G. Ross, r. secretary North Carolina Department of Evvironmerli and Natur Resources Alan Klimek, E., Director R. Division of ater Quality December 17, 2003 Ms. Nicola Ellis Motiva Enterprises LLC 2232 Ten Ten Road Apex, North Carolina 27502 Subject: Draft NPDES Permit No. NCO022217 Motiva — Raleigh Terminal 2232 Ten Ten Road, Apex Wake County Dear Ms. Ellis: This letter transmits your draft NPDES individual discharge permit for the above referenced facility. Please review this draft carefully to ensure thorough understanding of the information, conditions, and requirements of dischargers to water supply waters contained therein. In 2001 the Division of Water Quality (the Division) revised permitting strategies and standard operating procedures (2001 SOP) for oil terminals and bulk -storage petroleum facilities in North Carolina. As part of your permit renewal, the Division has also conducted an EPA -required Reasonable Potential Analysis (RPA) on this facility's effluent data to determine the "reasonable potential" for identified parameters to exceed North Carolina in -stream water quality standards and/or federal criteria. Based on the RPA and the 2001 SOP, the Division made the following changes to your new permit. Flow. Based on the 2001 SOP, the flow reporting requirement has been changed from monthly to episodic to reflect the infrequent discharge. Oil & grease. Based on the RPA, an oil & grease limit has been added. BTEX constituents. Based on the 2001 SOP, the monthly monitoring for BTEX constituents has been added. MTBE. MTBE monthly monitoring has been added based on the 2001 SOP. Nitrogen and phosphorus. The Division proposes to discontinue monitoring these two nutrients. With this notification, the Division will solicit public comment on this draft permit by publishing a notice in newspapers having circulation in the general Johnston County area, per EPA requirements. Please provide your comments, if any, to DENR / DWQ / NPDES Unit no later than 30 days after receiving this draft permit. A;Nn NCDENR N. C. Division of Water Quality 1617 Mail service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 Ms. Nicola Ellis Page 2 12/17/03 Following the 30-day public comment period, the Division will review all pertinent comments and take appropriate action prior to issuing a final permit. If you have questions concerning the draft, please call me at (919) 733-5083, extension 584, or you may email me at ken. pickle@)ncmail.net. Respectfully, 4 P Ken Pickle NPDES Unit Enclosure: NPDES Permit NC0022217 cc: Raleigh Regional Office: [Draft Permit; Fact Sheet] NPDES Unit: [Draft Permit; Fact Sheet] Aquatic Toxicology Unit: [Draft Permit; Fact Sheet] Permit NC0022217 DRAFT STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 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, Motiva Enterprises LLC is hereby authorized to discharge wastewater from an outfall located at the Motiva Enterprises LLC — Raleigh Terminal 2232 Ten Ten Road Apex, North Carolina Wake County to receiving waters designated as an unnamed tributary of Middle Creek within the Neuse River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective 2003. This permit and authorization to discharge shall expire at midnight on March 31, 2008. Signed this day 2003. DRAFT Alan W. Klimek, P. E. Division of Water Quality By Authority of the Environmental Management Commission Permit NC0022217 DRAFT SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Motiva Enterprises LLC is hereby authorized: 1. to continue operating the existing Water Pollution Control System consisting of: • a containment pond • a valved outlet pipe located at the Motiva Enterprises LLC — Raleigh Terminal, 2232 Ten Ten Road, Apex, North Carolina; 2. to continue discharging stormwater runoff to outfall 001; 3. to discharge at the location specified on the attached map into an unnamed tributary to Middle Creek in the Neuse River Basin, a class C NSW stream. S IR%) All 1' .• l IN r � C Motiva Enterprises LLC Facility A" Raleigh Terminal Location not to scale - StAle GrWgxnd: E23NE / Apex, NC Sub Rw;im 03-04-03 Penmared Flow: Episodic -- not lined Stmixn Clan: C NSw NPDES Permit No. NCO022217 Receivutg Ste , VfofMiddle Cieek Drainu Basin: Ne River Resin Northl Wake n L� Permit NCO022217 DRAFT PART A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flows Episodic t Effluent Total suspended solids 45 m L Monthly Grab Effluent Turbidity Monthly Grab Effluent Oil and grease2 45 mg/L Monthly Grab Effluent Benzene Monthly Grab Effluent Toluene Monthly Grab I Effluent Ethylbenzene Monthly Grab Effluent X lene Monthly Grab Effluent MTBE Monthly Grab Effluent EPA Methods 624 and 625 2/Year Grab Effluent Acute toxicit 3 Annually Grab Effluent Footnotes: 1. Flow —Flow shall be monitored with each discharge event and may be monitored in one of four ways: a. measure Flow continuously; b. Rational Method -- calculate flow based on total rainfall per area including built -on area draining to the outfall (This method shall not be used at sites with large runoff -collection ponds); c_ estimate flow at 20-minute intervals during the entire discharge event; or d. report now based on discharge pump logs. 2. Oil and Grease — Where possible, the grab sample for oil and grease should be skimna:d from the surface of a quiescent (calm water) zone. 3. Acute Toxicity - Annual, Fathead Minnow, 24-hour. See section A. (2.) Effluent Limitations and Monitoring Requirements Special Conditions — Acute Toxicity Monitoring. 4. Turbidity — The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water. The permittee shall not discharge floating solids or foam visible in other than trace amounts. The permittee shall not discharge tank solids, tank bottom water, or the tank rag layer. The permittee shall not discharge tank or pipe contents following hydrostatic testing unless benzene concentration is less than 71.4 µg/L and toluene concentration is less than 11 jig/L. C� Permit NCO022217 DRAFT A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS — ACUTE TOXICITY MONITORING (ANNUAL) The permittee shall conduct annual toxicity tests using protocols defined as definitive in EPA Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The permittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. DENR / DWQ / NPDES Unit FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES Permit No. NCO022217 December 4, 2003 Summary Information Motiva Enterprises LLC - Raleigh Terminal - Water Pollution Control System. Facility Information Applicant/facility name Motiva Enterprises LLC/ Motiva Enterprises LLC - Raleigh Terminal Applicant address 2232 Ten Ten Road, Apex, North Carolina 27502 Facility address 2232 Ten Ten Road. Apex, North Carolina 27502 Permitted Flow (MGD) Not limited Type of waste Industrial runoff wastewater. SIC Code 5171 Facilit ! ermil status Grade 1, minor / renewal Count Wake Receiving Water Information Receiving stream and basin UT to Middle Creek, Neuse River basin Regional office Raleigh Stream classification and segment C NSW, 27-43-15-(1) State grid / USGS topo quad E23NE / Apex, NC 303(d) listed? Not listed in 2103 list Permit writer Ken Pickle Subbasin 03-04-03 Date: _ 04Dec03 Drainage area (sq. mi.) 0.11 • 001 Lat. 350 42' 58" Long. 780 48' 55" Summer 7Q 10 (cfs) 0.0 Winler7Q10(cfs) 0.0 30Q2 (cfs) 0.01 Average Flow (cfs) 0.12 IWC (%) 100 INTRODUCTION Motiva Enterprises LLC, (herein referred to as Motiva or the permittee), requires a National Pollutant Discharge Elimination System (NPDES) permit to dispose treated wastewater to the surface waters of the state. The permittee's 5-year NPDES permit has expired and they have requested renewal from the Division of Water Quality (the Division). This Fact Sheet summarizes the background information and the rationale used by the Division's NPDES Unit to determine permit limits and conditions. FACILITY RECORDS REVIEW Facility Description. Motiva operates the Motiva Enterprises LLC - Raleigh Terminal, a petroleum products pipeline distribution and bulk storage center in Wake County. Discharge from this facility is through a single 01.1tfall. Fact Sheet Renewal -- NPDES Permit NCO022217 Page I Discharge from Outfall 001 consists of stormwater collected within the diked aboveground storage tank area, and other site stormwater that may flow directly into the containment pond. Collected waters flow from the containment pond via a valved discharge pipe into an unnamed tributary to Middle Creek. An on -site oil/water separator collects water from the loading rack, and is not covered in this permit. The water from this oil/water separator is not discharged, but is shipped off site as recoverable petroleum contact water. The existing permit became effective January 1, 2001 (with an expiration date of April 30, 2003). On October 21, 2002, the Division received Motiva's permit renewal request. Waste Load Allocation (WLA). The Division reviewed the January 1994 WLA that developed effluent limits and monitoring requirements based on an in -stream waste concentration (IWC) of 100% (zero -flow stream). The Division also reviewed the current permit. The Division judges these limits and monitoring requirements to be appropriate for this renewal with the exception of the additions and deletions listed below (see PERMITTING APPROACH SUMMARY). Verifying Existing Stream Conditions. This facility discharges to a "zero -flow" stream, an unnamed tributary (UT) to Middle Creek, segment number 2743-15-(1), a class C NSW stream within the Neuse River Basin. Middle Creek is not listed as an impaired water body in the February 2003 Integrated 305(b) and 303(d) Report (the 2002 report). COMPLIANCE REVIEW Discharge Monitoring Reports (DMR) -- Effluent Data Review. DMRs were reviewed from January 2001 through October 2003. Discharges occurred episodically, with several months of no flow during each year. The permittee reported a maximum discharge of 0.336 MGD (August 2003). This maximum flow was used for reasonable potential calculations (see below). Summary of Reasonable Potential Analysis (RPA). The Division conducted an EPA -mandated RPA for data reported from the previous permit cycle. Monitoring parameters and the RPA results are summarized in Table 1. Table 1. Motiva - Raleigh Terminal, Outfall 001— DMR Review, RPA Results, and 2001 SOP Summary PARAMETER SAMPLES HITS MAX. PROPOSED RP* COMMENTS PREDICTED ALLOWABLE Flow 23 -- 0.336 MGD. No limit - Max. reported value used in max reported RPA. Episodic monitoring. TSS 23 23 - 45 mg/L -- Retain permit limit per 2001 SOP. Turbidity 23 23 63 NTU 50 NTU Yes Retain permit limit based on RPA. Total nitrogen 20 13 -- -- - Drop from permit based on data analysis. Note Motiva's failure to provide required #N/mo. and #N/ r. Total phosphorus 20 5 - -- - Drop from permit based on data analysis. Oil & grease 21 Is >45 ug/L by 45 mg/L Yes Add permit limit hased on inspection reported value >45 ug/L. RP by Fact Sheet Renewal -- NPDES NCO022217 Page 2 inspection. Benzene - -- - No limit -- Add monthly monitoring per the 2001 SOP. Toluene -- -- -- No limit -- Add monthly monitoring per the 2001 SOP Ethylbenzene -- -- -- No limit - Add monthly monitoring per 2001 SOP. Xylene 5 0 NO No limit -- Increase to monthly monitoring r the 2001 SOP. Phenol - -- -- -- - No limit, no monitoring. No SOP requirement for non-W S waters MTBE -- -- -- No limit -- Add monthly monitoring per 2001 SOP. No special conditions for non-WS waters. EPA Method 624 0 -- - - -- Retain 2/yr monitoring per 2001 SOP. Note Motiva's failure to report reuired monitoring. EPA Method 625 0 -- -- -- -- Retain 2/yr monitoring per 2001 SOP. Note Motiva's failure to report required monitoring. Acute toxicity 3 -- - -- -- Retain permit requirement. All 3 passed at> IT± *RP ="Reasonable Potential" to exceed in -stream Water Quality Standard. mg/L= milligram per liter ug/L = microgram per liter ND = not detected Notices of Violation (NOVs). The facility received an NOV for a violation occurring in January 2WO (failure to submit the monthly self -monitoring report). a Notice of Deficiency for a deficiency occurring in May 2000 (failure of the ORC to sign a toxicity test report). and an NOV for a violation occurring in March 2001 (another failure of the ORC to sign a toxicity test report). Facility Inspections. The Raleigh Regional Office (RRO) inspected this facility in January 2003, and identified no significant compliance issues at the time of the inspection. Whole Effluent Toxicity (WET) Test. In the years 2001 — 2003 (the permit period) Motiva reported three toxicity tests. All tests passed at > 100%. PERMITTING STRATEGY Revised Standard Operating Procedures (SOP). The Division of Water Quality has revised the permitting strategies and the SOP for this and all oil terminals in the state. A new document has been generated by the NPDES Unit entitled, "Permit Requirements for Discharges from Oil and Petroleum Storage Facilities 2001 Permitting Strategy" (based on a 1996 SOP). This document, herein referred to as the 2001 SOP, delineates monitoring frequencies and permit limits for contaminants commonly found at these facilities. Summary of Compliance Under 2001 SOP. Under the 2001 SOP, flow monitoring will be changed from "monthly" to "episodic" (2001 SOP Part I.A.). This facility's effluent shall be analyzed monthly (unless there is no discharge during the month) for TSS (I.C.), oil and grease (I.D.), BTEX (I.E.), MTBE (11), and turbidity (II.B.). The facility's effluent shall be analyzed twice per year by EPA Methods 624 and 625 (I.F., B.A.). This facility's effluent shall be tested annually for acute toxicity (I.B.). Footnotes to the Effluent Limits and Monitoring Requirements page shall reflect no direct discharge of tanks solids, tank bottom water, or the tank rag layer (I.G.). Footnotes shall also stipulate no direct Fact Sheet Renewal -- NPDES NCO022217 Page 3 discharge of hydrostatic test water if benzene or toluene concentrations exceed their respective water quality standards for this non -water supply receiving water (I.H). Neuse River Basin Nutrient Limitations. Nitrogen. The Environmental Management Commission has established nutrient reduction goals and strategies for the Neuse River basin (15A NCAC 2B .0232ff). Section 2B .0234(5)(i) provides that dischargers with permitted flows less than 0.5 MGD (approximately 120 dischargers) shall be assigned collectively an annual discharge allocation of 138,000 pounds. Motiva failed to report monthly pounds of nitrogen and annual pounds of nitrogen, as required by the existing permit. However, based on flow and nitrogen concentration data that were reported, we can estimate the annual nitrogen discharge for the three complete permit term years 2000 — 2002 as 23.4#N/yr, 30.0#N/yr, and 30.8#N/yr respectively. The largest of these annual values represents only 0.022% of the annual allocation for this class of dischargers. Data values this low support the NPDES Unit's internal designation of Motiva's discharge as a non -nutrient bearing wastestream. Neither-the-Division-nof-the --- permittee has identified a nitrogen source on this site. No nitrogen limits, monitoring, or reporting are proposed for the new permit. Phosphorus. Section 2B .0234(6) establishes a quarterly average phosphorus discharge limit of 2.0 mg/L for two categories of dischargers in the Neuse basin, not including Motiva. However, applying the 2.0 mg/L as guidance as to what level may be significant in supporting the Neuse River basin nutrient reduction goals and strategies is helpful in evaluating the Motiva permit renewal. To date, the facility has averaged 0.06 mg/L phosphorus, with none of the 20 reported phosphorus values greater than the 2.0 mg/L quarterly average applied to the other categories of dischargers in the Neuse River basin. Data values this low support the NPDES Unit's internal designation of Motiva's discharges as a non -nutrient bearing wastestreams. Neither the Division nor the permittee has identified a phosphorus source on this site. No phosphorus limits, monitoring, or reporting are proposed for the new permit. Phenol — Monitoring and Limits. When combined with chlorine, phenol can cause taste and odor (organoleptic) problems in drinking water, and can also result in the tainting of fish tissues. Therefore, in accordance with the 2001 SOP, all dischargers to state water supply (WS) waters shall conduct monthly effluent monitoring for phenol. Moreover, if analytical results suggest "reasonable potential," a phenol limit shall be included in the permit. Since Motiva does not discharge to a WS water, no phenol permit conditions will be incorporated. PERMITTING APPROACH SUMMARY Based on a review of the DWQ/NPDES Unit's 2001 SOP the following permit renewal decisions are proposed: • Change the flow monitoring requirement from monthly to episodic based on the 2001 SOP. • Add an oil & grease limit based on reasonable potential. Monthly monitoring. • Add monthly monitoring for BTEX constituents based on the 2001 SOP. No permit limits. • Add an MTBE monthly monitoring requirement per the 2001 SOP. No permit limit. • Drop the nitrogen monitoring requirement based on data analysis. • Drop the phosphorus monitoring requirement based on data analysis. • Retain all other existing permit provisions for annual toxicity testing, TSS, EPA Methods 624 and 625. and turbidity. Fuct Sheet Renewal -- NPDES NCO022217 Pagc 4 1-1 PROPOSED SCHEDULE OF ISSUANCE Draft Permit to Public Notice: December 17, 2003 Permit Scheduled to Issue: February 9, 2004 NPDES UNIT CONTACT If you have questions regarding any of the above information or on the attached permit, please contact Ken Pickle at (919) 733-5083 ext. 584. NAME: DATE: Fact Sheet Renewal -- NPDES NCOOT_''_' 17 Page 5 REGIONAL OFFICE COMMENTS N�cl 7�G 1 REGIONAL SUPERVISOR: y DATE: NPDES SUPERVISOR: DATE: Fact Sheet Renewal -- NPDES NCO022217 Page 6 ......................................................................... ......................................................................... DIVISION OF WATER QUALITY RALEIGH REGIONAL OFFICE November 5, 2003 ......................................................................... ......................................................................... MEMORANDUM To: Ken Pickle Water Quality NPDES Permitting From: Randy Jones Subject: Transmittal of Staff Reports NCO049204: Charter Triad Terminals -Johnston County NCO031011: Colonial Pipeline Company -Johnston County NCO022217: Motiva Enterprises -Wake County Attached are copies of the subject staff reports previously prepared by the RRO in January, 2003. Please note the letter from Nicola Ellis of Motiva Enterprises, which is attached to the staff report for NC0022217. If you have any questions regarding this matter, please feel free to contact me at 571- 4700, ext. 255. Attachment _'ermit Rescission I m ;7- Information to be filled out by Central Office: ;F_ 9- Facility Name MOTIVA COST CENTER #058064 Permit Number INCG510467 NPDES Permit Number Regional Office IRALEIGH CountyWAKE Date Rescision Requested 17-Sep-03 Permit Expiration 9/30/2006 Received Original Request: 0 Central Office ® Regional Office Form of Received Request: ® Letter 0 Signed Annual Fee Invoice 0 Other Information to be Filled out by Region: Please Check Appropriately: 0 Site Visit Performed Groundwater Concerns Addressed (only if Groundwater Monitoring is Required) Rendered Decision for Rescission of the Above Referenced Permit: Approved 0 Denied Note: If approved this permit will become inactive in the BIMS database and will not be billed through the division billing system. Complete if Approved: 17"ORecsinded Immediately Q Allow to Expire Reason for Approval Complete if Denied: Reason for Denial of _ /_11 6 Date Certified: Ghi Waov d�rrr/ 4i GIr.P/O rf yeo"rS .y r Return Completed and Signed Form to the Non -Discharge Compliance and Enforcement Unit -� Author Daryl D. Merritt DEN5fFORM PR (7/2002) �ia.,1� �►!oJ /Gi'Yib.c. /�i�r.�kfDL yis��iGd yi'1 ,�)eVe,r. / lva,�.44) RTp. September 25, 2003 Confidential Mr. Jim Rousch North Carolina Department of Environment and Natural Resources Division of Water Quality - Groundwater Section Raleigh Regional Office 1628 Mail Service Center Raleigh, North Carolina 27699-1628 Subject: Rescission Request Form General Wastewater Permit # NCG510467 Motiva Cost Center # 058064 2232 Ten -Ten Road Apex, Wake County, North Carolina Groundwater Incident # 5287 Dear Mr. Rousch: Shell oil Products US Anna Tillman, P. G. Environmental Geologist HSE-Science and Engineering East 1691 Arrowhead Trail NE Atlanta, GA 30345 Shell Oil Products US (SOPUS) is submitting this Rescission Request Form (RRF) for your review. This RRF is for the subject site located at 2232 Ten -Ten Road, Apex, Wake County, North Carolina. A request to decommission the pump and treatment system was issued to NCDENR in February 2003. The groundwater treatment system is currently not operating. If there are any questions regarding this submittal, please contact me at (404) 417-1974. Sincerely, Shell Oil Products US Anna J. Tillman, P.G. Environmental Geologist Enclosure cc: Thomas Raymond — Groundwater and Environmental Services, Inc. Nicola Ellis — Motiva Enterprises LLC File imap://rand;—es%4-' derv.ncmail.net@cros.ncmail.net:143/fet... Subject: Motiva(Texaco Bulk Plant -Cooper Residence)General Wastewater Permit Rescission From: Jim Roush Qim.Roush@ncmail.net> Date: Wed, 07 Jan 2004 11:25:20 -0500 To: Randy Jones <Randy.Jones@ncmail.net> Randy, Based on a quick review of the latest Groundwater Monitoring Report and the Corrective Action Plan (CAP) and CAP addendum, it is recommended that the rescission of General Permit #NCG510467 be approved. Jim Roush I of 1 1/7/2004 12:02 PM M Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Departrn Environment and Natural Resources Raleigh Regional Office Alan W. Klimek, P.E., Director Division of Water Quality DIVISION OF WATER QUALITY / January 29, 2003 PA N f Ms. Nicola Ellis 2232 Ten Ten Rd. Apex, North Carolina 27502 Subject: Compliance Evaluation Inspection Motiva Enterprises LLC Raleigh Sales Terminal NPDES Permit No. NCO022217 Wake County Dear Ms. Ellis: The subject inspection was performed on January 28, 2003 by Teresa Rodriguez and Randy Jones. Dwight Bendle, Danny Jones and Nicola Ellis were present during the inspection, their cooperation was appreciated. Findings during the inspection were as follows: 1. The rainwater collected in the tank dikes is discharged to the settling pond. From the pond the water is discharged to an unamed tributary to Middle Creek. The loading racks runoff is sent to an oil/water separator and then hauled for outside disposal. The oil water separator is not connected to the dikes or the pond. The facility looks well maintained and clean. 2. Gasoline, diesel and additives are stored at the terminal 3. There was no discharge from the pond at the time of the inspection. The pond did not have an oil sheen or other signs of contamination. The valve on the effluent line of the pond is maintained closed and locked. 4. The facility, including the holding pond, is inspected daily by the operators. 5. The DMRs for the years 2001 and 2002 were reviewed. The facility was in compliance with all the permit limits. After discussion with the Technical Assistance and Certification Unit it was determined that the facility doesn't need to be classified because the oil/water separator is not part of the permitted system. The Technical Assistance and Certifications Unit will provide written documentation indicating the change in requirements. N. C. Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 919. 571.4700 FAX 919. 571.4718 DENR Customer Service 1 800.623.7748 Motiva Enterprises LLC Permit NCO022217 so Page 2 If you have any questions concerning this report, please call Randy Jones at ext. 255. Sincerely, L S� Teresa Rodriguez Environmental Engineer Cc: Central Files Wake County Health Department wEPA Water Approval expires 8-31-96 Ws.rdo ro^- ".—. —_ riance Inspection Report A: National Data System Coding (I.e.. NPDES yr/11fo/Gay Transaction Code �I 77�� 17 Ilt)I 2u 3�I����o �o�Z�Z 0 �I T111 t2 Reme s� 27LLJJ u 111111111111111 Facility Sol Monitoring Evaluation Rating Bt Impaction Work oeYs 1 1 71 1 1 72 u u� 67 69 70IJ 1—J _ _ e. Cu•iliw Data pection 1801 Inspector Fac Type 19LEJ 20 El 73 Lij 74 751 I I I 1 1 1 16O JO4MN. �• POTW, also Entry TimelDate Name and Location of Facility Inspected IFur industis! mars disehsrging t° include POTW asme and NPDES permit number) 10,30 Ifl Y103 �a1e( k �STew".`r,a9 rn„VI _n va en f e nri�-S i a , Exit Time/Date / �1 //.30 I0k, Name(s) of Orrsite Rep resentativelsl(Ttle(s1lPhono and Fax Number(s) Other Facility Data NiCt�a- i:llis ,Env'Ircnuv,e.n�Gl �,n9lnee.r' Qlq- 3gl- 51t�`f permit Effective Date J0_vt(ictr11 1 2.001 Permit Expiration Date . Apul 30/ 2 DO 3 Name. Address o; Responsible OfficiallTi IPh?naFax ' -/ K NC °� 1 5,3eemacted LarryC�ucG,,Z23�/4e 31a�—ttdCCLI IV [°� r.. 0 No Section C: Areas Evaluated During Inspection (Check only those areas eva/uasOlsso (sower ovarflowl Operations & ✓ Permit .Flow Measurement Maintenance Sludge Handling/Disposal Pollution Prevention Records/Reports Sett -Monitoring Program Multimedia Pratteatment acility Site Review Compliance Schedules Other: EtRuent/Recsiving Waters Laboratory Storm Water Section D: Summary of Findings/Comments (Attach addrNona/ sheets o/ narrative end cMck/ists as necessary( and Signeture(s) of Inspec r(s) J�rv✓,-�nt,te z �i,L-tom Signature of Management 0 A Reviewer ,-r--1 (.�, EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.' AgencylofficelPhone and Fax Numbers J ) )A V 7o D Agency/OfficelPhone and Fax Numbers 'iwa/0(, '70y�"' Date a�/off Date 03(1/ 3u 01/29/03 WED 12:52 FAX 1 919 362 4013 Fau To: Randy Jones— NCDENR Pax: 919-5714718 Phone: 919-571-4700 MOTIVA RALEIGH 0 001 AOTIVA ENTERRRISES LLC 6M1cll. Tot.. 6 Sgyd, A16TCO working To9ct From: Nicola Ellis-Motiva Enterprises LLC Date: January 29, 2003 Pages: 2 Re: Motiva — Raleigh Terminal CC: N/A ❑ Urgent Z For Review ❑ Please Comment 71 Please Reply ❑ Please Recycle *Comments: Find attached the letter that I drafted pertaining to the change in operation of the oil/Water separator at the Raleigh Terminal. Please call me if you have any questions. Sincerely, Nicola Ellis 2232 Ten Ten Road Apex, North Carolina 27602 Phone; (919) 387.5764 Fax (919) 3624013 01'29/03 WED 12:52 FAX 1 919 362 4013 MOTIV. 02 S CERTIFIED MAIL #7000 1670 0006 21 7565 RETURN RECEIPT REQUESTED January 29, 2003 Mr. Randy Jones NC DENR/Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 A RALEIGH i / ` site-, ��er'� T 1 VA Re: Permit Revision NPDES Permit: NC0022217 Motiva Enterprises LLC - Raleigh Terminal Dear Mr Jones, EN FERPPISES LLC c.... '-x 6 SB2 dl A18MCO W.r ,r p T q.e ., Per our discussion yesterday during your site visit to our facility, Motiva Enterprises LLC — Raleigh Terminal is hereby requesting that NPDES Permit Number NC0022217 be revised to eliminate reference to an oil/water separation system. In the past a SPCC tank (oil/water separator) was used to collect petroleum contact stormwater from the loading rack area. At that time, the waterside of the SPCC tank discharged into the tank dike area and was subsequently piped to a containment pond prior to release via Outfall 001. The water from the SPCC tank is no longer being piped to the tank dike area and is instead shipped offsile as recoverable petroleum contact water. Motiva intends to continue this process of off -site recovery into the foreseeable future. The sources that currently contribute to the discharge at Outfall 001 include stormwater from the tank dike area and any additional stormwater sheet flow into the containment pond. It is requested that the facility NPDES permit be revised to show this change in operation. If you have any questions pertaining to this request, please contact me at (919) 387-5764. Very truly yours, Motiva Enterprises LLC Nicola A. Ellis Environmental. Engineer cc: Raleigh Terminal Files N. A. Ellis 2232 Ten Ten Rood Apex, NO 27502 Phone: 19191 387-5764 Fax: 19191 362.4013 >OC PRIORITY PROJECT: Y� Nn:XX If Yes, SOC No.: NPDES STAFF REPORT AND RECOMMENDATIONS FOR Motiva Enterprises Date: January 29, 2003 To: NPDES Pemitting Unit Water Quality Section Attention: Joe Corporon County: Wake Permit No.: NCO022217 PERMIT RENEWAL PART I -GENERAL INFORMATION 1. 2. 3. 4. 5. 31 7 3 0 Facility and Address: Motiva Enterprises Date of Site Inspection: January 28, 2003 Report Prepared by: Teresa Rodriguez Persons Contacted and Telephone Number: Nicola Ellis 919-387-5764 Directions to Site: 1440 to US 1, exit on Ten Ten Road, turn right, terminal is on the right. Discharge Point(s), List for all discharge points: Latitude: 35° 42' 58" Longitude: 78° 48' 55" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No.: E23NE U.S.G.S. Quad Name: Apex Site size and expansion area consistent with application? Yes: X No: If No, explain: Topography (relationship to flood plain included): The tank storage area is relatively flat. The area behind the terminal slopes towards the creek. Location of nearest dwelling: 400 Feet Point Discharge Staff Report Page 1 10. Receiving ___-in or affected surface waters: UT to Middle Creek a. Classification: C NSW b. River Basin and Subbasin No.: 03 04 03 C. Describe receiving stream features and pertinent downstream uses: Unnamed tributary flows into a small pond, then the unnamed tributary flows to Middle Creek, which flows into the Neuse River. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of Wastewater to be permitted: N/A b. What is the current permitted capacity of the Waste Treatment facility? N/A C. Actual treatment capacity of the current facility (current design capacity)? N/A d. Date(s) and construction activities allowed by previous Authorization to Construct issued in the previous two years: N/A e. Please provide a description of existing or substantially constructed wastewater treatment facilities: The system consists of a holding pond and the effluent discharge line. f. Please provide a description of proposed wastewater treatment facilities: N/A g. Possible toxic impacts to surface waters: Petroleum products h. Pretreatment Program (POTWs only): N/A 2. Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify DEM permit no.: N/A b. Residuals stabilization: C. Landfill: d. Other disposal/utilization scheme (Specify): N/A 3. Treatment plant classification (attach completed rating sheet): No classification is required. 4. SIC Code(s): 5171 Point Discharge Staff Report Page 2 Wastewater Co__,_) of actual wastewater, not particcuar lities i.e., non -contact cooling water discharge from a metal plating company would be 14, not 56. Primary: 39 73 Main Treatment Unit Code: 00 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved. (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: None 3. Important SOC, JOC or Compliance Schedule dates: (Please indicate) N/A 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available? Yes Please provide regional perspective for each option evaluated. Spray Irrigation: N/A Connection to Regional Sewer System: N/A Subsurface: N/A Other disposal options: None 5. Other Special Items: None Point Discharge Staff Report Page 3 PART IV - EVALUATION AND RECOMMENDATIONS The Raleigh Regional Office conducted a compliance evaluation inspection on January 28, 2003. The facility has storage of gasoline, diesel and additives. The loading dock is covered with a roof. The water collected in the loading area goes to an oil/water separator, then a storage tank, then it is hauled for disposal. The oil/water separator system is not connected to the permitted pond. Only the stormwater collected in the storage tanks dike is discharged to the pond. The line discharging from the pond to the creek has a valve for the release of the water. The existing permit includes the oiUwater separator in the description of the treatment system. With the permit renewal the description should be updated to reflect the actual conditions. The system consists basically of a holding pond and discharge line. Signature of report preparer Water a 33- d3 Date 7�o,.., N,��/4, � dam.;6;,��- r�4i %s nr-->r ct-4rr- ly r►� ��� : s a�� �� �-� Mop, �� s1 �or�,.�L..;,��.�� ►./%�i '1;/J/ `J�c�1f:�.//'io L�� �,�/ Q...d 7iL. iIMT:.tu.e� � ?��.✓�j l�iv lG'QnJ�';,.wv /Owl ..,, ( r`oC,� iL'uvoi� �� t� y►�1�!/ �!�/WwTI�� �JG�/`a.�"Or Gt-�..11i Point Discharge Staff Report g Por Page 4 • /ERTIFIED MAIL #7000 1670 0006 9212 7565 ✓✓✓RETURN RECEIPT REQUESTED January 29, 2003 .Mr. Randy Jones \ C DR 1R•Division of Water Quality 1628 Mail Service Center Raleigh, \C 27699-1628 Re: Permit Revision NPDES Permit: NC00222 Motiva Enterprises LLC - Raleigh Terminal Dear Mr Jones. ENTERPRISES LLC SI'iryl, Tnaam 6Vv. '�p Tbgef r aell Per our discussion yesterday during your site visit to our facility, Motiva Enterprises LLC — Raleigh Terminal is hereby requesting that NPDES Permit Number NCO022217 be revised to eliminate reference to an oii water separation system. In the past a SPCC tank (oillwater separator) was used to collect petroleum contact stormwater from the loading rack area. At that time, the waterside of the SPCC tank discharged into the tank dike area and was subsequently piped to a containment pond prior to release via Outfall 001. The water from the SPCC tank is no longer being piped to the tank dike area and is instead shipped offsite as recoverable petroleum contact water. Motiva intends to continue this process of off -site recovery into the foreseeable future. The sources that currently contribute to the discharge at Qutfall 001 include stormwater from the tank dike area and any additional stormwater sheet flow into the containment pond. It is requested that the facility NPDES permit be revised to show this change in operation. If you have any questions per.aining to this request, please contact me at (919) 387-5764. Cen truly yours, Motiva Enterprises LLC Nicola A. Ellis Environmental Engineer cc: Raleigh Terminal Files N. A. Ellis 2232 -e- -tr Fce: Aon NC 275C2 Phone. 19191 387 5764 Fax: (919) 362.4013 CERTIFIED MAIL #70001670 0006 9212 7565 RETURN RECEIPT REQUESTED January 29, 2003 Mr. Randy Jones NC DENR/Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Re: Permit Revision NPDES Permit: NCO022217 Motiva Enterprises LLC - Raleigh Terminal Dear Mr Jones, MOTIVA ENTERPRISES LLC Shell. Texaco 6 Saudi Ar o Working Together JAN 3 120 Per our discussion yesterday during your site visit to our facility, Motiva Enterprises LLC — Raleigh Terminal is hereby requesting that NPDES Permit Number NCO022217 be revised to eliminate reference to an oil/water separation system. In the past a SPCC tank (oil/water separator) was used to collect petroleum contact stormwater from the loading rack area. At that time, the waterside of the SPCC tank discharged into the tank dike area and was subsequently piped to a containment pond prior to release via Outfall 001. The water from the SPCC tank is no longer being piped to the tank dike area and is instead shipped offsite as recoverable petroleum contact water. Motiva intends to continue this process of off -site recovery into the foreseeable future. The sources that currently contribute to the discharge at Outfall 001 include stormwater from the tank dike area and any additional stormwater sheet flow into the containment pond. It is requested that the facility NPDES permit be revised to show this change in operation. If you have any questions pertaining to this request, please contact me at (919) 387-5764. Very truly yours, Motiva Enterprises LLC Nicola A. Ellis Environmental Engineer cc: Raleigh Terminal Files N. A. Ellis 2232 Ten Ten Road Apex, NC 27502 Phone: (919) 387-5764 Fax: 19191 362-4013 Operator Requirement-NC0022217 174 Subject: Operator Requirement-NC0022217 Date: Tue, 28 Jan 2003 13:43:41 -0500 From: Randy Jones <randy.jones@ncmail.nev To: James Pugh <James.Pugh@ncmail.nev CC: Teresa Rodriguez <Teresa.Rodriguez@ncmail.nety, naellis@motivaenterprises.com James, As we discussed during our telephone conversation on 1/28/03, Teresa Rodriguez and I visited the Motiva Enterprises Raleigh Sales Terminal on the morning of 1/28/03, in conjunction with the renewal of Permit No. NC0022217. This permit serves the discharge of stormwater from a containment area around the bulk fuel storage tanks. When the permit was issued in the past, there was an oil/water separator from which stormwater, etc., from the loading area flowed into. The stormwater from the loading area now goes through the oil/water separator, is collected in a tank, and is hauled away for disposal. Since Permit No. NCO022217 only involves stormwater, etc., from the containment area, the detention pond, and the discharge, it does not appear to be a facility that should be classified. You indicated to me earlier that you would be sending correspondence to Motiva so indicating. I have also notified Nicola Ellis of Motiva that the facility will not be classified and will, therefore, not require an operator. Thanks, Randy 1 Of 01/29/2003 1:44 PM State of North Caro& Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E. Director NICOLA ELLIS MOTIVA ENTERPRISES LLC 2232 TEN TEN RD APEX, NC 27502 Dear Permittee: s�aF� 1 � • r�or�' I NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 10/25/2002 Subject: NPDES Renewal Application Permit Number NCO022217 Raleigh Sales Terminal Wake County The NPDES Unit received your permit renewal application on October 21, 2002. Thank you for submitting this package. The permit renewal for this facility has been assigned to joe corporon This staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over 4 years and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of NCO022217 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact Joe Corporon at (919) 733-5083, extension 597 cc: Central Files Raleigh Regional Office, Water Quality Section NPDES File Sincerely, UauA�Ll Valery Stephens Point Source Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Equal Opportunity Affirmative Action Employer Telephone 919-733-5083 FAX 919-733-9919 50% recycled/ 10% post -consumer paper E CERTIFIED MAIL #70001670 0006 6606 4407 RETURN RECEIPT REQUESTED October 18, 2002 Mrs. Valery Stephens NC DENR/Water Quality/Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Permit Renewal Application NPDES Permit: NCO022217 Motiva Enterprises LLC - Raleigh Terminal Dear Mrs. Stephens: 007 1 VA ENTERPRISES LLC Shell, Texaco 6 Saudi Aramco Working Together Motiva Enterprises LLC — Raleigh Terminal is hereby requesting renewal of NPDES Permit Number NC0022217. The subject permit expires on April 30, 2003. No changes have occurred to the wastewater discharge components at the facility since the issuance of the last permit. The Raleigh Terminal does not generate sludge as part of wastewater discharge, therefore no sludge management plan is necessary. As requested please find enclosed the following documents: • Cover letter requesting renewal of permit which includes a narrative description of the sludge management plan for the facility (original and two copies); • NPDES Permit Application — Short Form C (One signed original and two copies); If you have any questions, please contact me at (919) 387-5764. Very truly yours, Motiva Enterprises LLC Nicola A. Ellis Environmental Engineer Enclosure cc: Raleigh Terminal Files N. A. Ellis 2232 Ten Ten Road Apex, NC 27502 Phone. 19191 387-5764 Fax.(919) 362 4013 NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 North Carolina NPDES Permit Number NC00 2221� Please print or type 1. Applicant and facility producing discharge A. Name W)OTIVA ErtTE2�/st5E5LLG'RALE1E0N IErwv,rAL B. Mailing address of applicant: Street address 2232 TEi.tTEu IZDA0 City Al2EJG County WAKE State IVG Zip Code a3say- bus Telephone Number (qlq )3Q>q-5-4foc-1 Fax Number (glei ) 3102.-4013 e-mail address fuAE_ 15 P kAoT1YA EtitTDLl�R15t-3. Lom C. Location of facility: Contact Person Lry2rcaa GO uGH Tpz.Y , u tgl M 4ntA4E>Z Street 2232.TEuTE-;-j fl-0,4 City K3(1EY- County W.44C& State t� C_ Zip Code 22.3 53 9 - Cr I / 5 Telephone Number 3(02- fr3r4 / 2. Standard Industrial Classification (SIC) code(s): �► 3. Number of employees: l 4. Principal product(s) produced: 0"150UNE Anrr.? nI ST1L j_47ES Principal raw material(s) consumed: 5. Principalprocess(es): STCOe AGE L)r,Ir> LOAOj.tCr OF R_Qr L4CLTS 6. Amount of principal product produced (or raw material consumed) (List specific amounts consumed and/or units of oroduction) Product Produced or Raw Material Consumed AVERAGE Product Produced or Raw Material Consumed PEAK per Da per Month 21 2:? e 503 G c-[ OAA 23 -740 210 Lj "LLyj5 per Year 255, a4q; 59`l G4t_..0n45 255,3yD, �9y G4t +o.15 NOTE 2001 Ttr2orsA"P75 45E01NrgOo✓4�TA/acF. Check here if discharge occurs all year ® , or i2t6C.H4e4E IS 40T COAXY-1�1,-L0 c.S Circle the month(s) in which discharge occurs: ALL January February March April May June July August September October November December Pagel of 2 Version-112000 NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) Days per week discharge occurs: V,9/L43LE fj'2u F To 8A76-jy of aA24r NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram *1SLH4r2* of wastewater flaw at the facility. AV C A46 OF 1015Gy.4",C p97L /y749NI—,>t 8. Types of wastewater discharged to surface waters only (check as applicable). Discharge per operating day Flow GALLONS PER OPERATING DAY) Volume treated before discharging (PERCENT) Sanitary - daily average Cooling water, etc. - daily average Process water - daily average 233,000 0% Maximum per operating day for total discharge (all types) q Z01000 0 90 9. If any of the types of wastewater identified in item 8 (either treated or untreated) are discharged to places other than surface waters, record the amount(s) discharged below: A. Municipal sewer system N/ia gpd 8. Underground well NIA gpd C. Septic tank NIA gpd D. Evaporation lagoon or pond /VIA gpd E. Other, specify NIA- gpd 10. Number of separate discharge points: -L 11. Name of receiving stream(s): MIr11cL.E %/LECSGi NF_Q c ILIUtEX, f4A5ln1 12. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes? Circle all that apply: aluminum ammonia beryllium cadmium chromium chlorine (residual) copper cyanide lead mercury nickel oil and grease phenol selenium zinc None of the above I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. LAIL2y Go"C. H ,irjAL_ Myu a qEZ- Printed name olPAyson Signing /a�/G /o-2, Signature of Applicant Date North Carolina General Statute 143-215.68 (1 provides that: Any person who knowingly makes any false statement representation, or cerificatlon in any appkcabon, record, report, plan, or other document Wes or required to be maintained under ANde 21 or regulations of the Environmental Management Commission implementing that Article, or who falsities, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Artide 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed S10,000, or by knpdsonment not to exceed six months, or by both. If 8 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 2 of 2 Version -I 1/Pt100 ■ MOTIVA ENTERPRISES LLC B, T 6 6 1 Prwn<n V k i" TogM DATE: NOVEMBER27,2000 TO: GENERAL MANAGER DISTRIBUTION REGIONAL MANAGERS MANAGER(S) SAFETY, HEALTH & ENVIRONMENT TERMINAL MANAGERS AND SUPERINTENDENTS FROM: VICE PRESIDENT — COMMERCIAL MARKETING & DISTRIBUTION SUBJECT: RESPONSIBLE OFFICIAL DELEGATION TO DULY AUTHORIZED REPRESENTATIVE The purpose of this memo is to provide to the named delegatees (addressees) certain environmental authorities to enable them to conduct the necessary environmental compliance work of the Company. They are authorized to act on my behalf as duly authorized representative concerning environmental pecan matters, which may include signature on pemvts, applications, amendments and reports and so forth. These authorities shall always be exercised consistent with the Limited Liability Company Agreement of the Company and policies in the best interest of the Company and its owners as dictated by prudent business judgment and in strict accordance with the letter and spirit of the Company's Code of Conduct and all current Company policies and procedures. You are hereby authorized as follows: Permit Applications, Amendments, Modifications, Transfers, Reports and Other Information To the extent permitted by law, pursuant to the United States Environmental Protection Agency's permit regulations under federal statutes and regulations under state environmental statutes, authority to sign environmental permit applications, requests for permit amendments, modifications or transfers, reports, and other information provided to governmental agencies in connection with environmental permits is hereby assigned and delegated to persons occupying or acting in the capacity of the delegatees. Reports and Other Information In the absence of the Terminal Manager or Superintendent, the Supervisor may perform the same duties as stated above. Scope and subdelegation: Persons occupying or acting in the capacity of the delegatees may sign for those facilities or activities, which ace within their overall operational responsibility. Person(s) occupying positions designated to sign permit applications may further delegate authority to sign reports and submit information to the extent permitted by applicable law. Ralph J. Grimmer Vice President — Commercial Marketing & Distribution