HomeMy WebLinkAboutNC0005177_Permit (Correction)_20180830STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
1»I;7UIIN
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,
FMC Lithium USA Corp.
is hereby authorized to discharge wastewater and stormwater from a facility located at
1115 Bessemer City -King Mountain Highway
Bessemer City, North Carolina
Gaston County
to receiving waters designated as an unnamed tributary to First Creek in the Catawba River Basin in accordance
with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof.
This permit shall become effective September 1, 2018
This permit and authorization to discharge shall expire at midnight on August 31, 2023.
Signed this day August 30, 2018
Original Signed by Sergei Chernikov for
Linda Culpepper, Interim Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit NC0005177
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 included herein.
FMC Lithium USA Corp. is hereby authorized to:
1. Continue to operate an existing 0.615 MGD wastewater treatment facility consisting of the following
components:
• reserve osmosis filtration systems,
• hydrogen peroxide addition,
• pH adjustment systems,
• R&D pond,
• lower retention pond, and
• effluent flow weir.
The facility is located at 1115 Highway 161 in Bessemer City, Gaston County; and
2. Continue to operate a stormwater conveyance system and two ponds, the first for sedimentation and the
second for polishing; and
3. Discharge treated wastewater and stormwater (Outfall 001), retention pond toe drains (Outfall 002), and
stormwater, boiler blowdown, and cooling water (Outfall 004) at the locations specified on the attached
map into an unnamed tributary to First Creek currently classified as class C waters in subbasin 03-08-37
[HUC: 03050103] of the Catawba River Basin.
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Permit NC0005177
Part I
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — Outfall 001
[15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.]
Grade II Physical Chemical WPCS [15A NCAC 08G .0302]
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored'
by the Permittee as specified below:
Effluent Characteristics
Parameter Code
Discharge Limitations
Monitoring Requirements
Monthly Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample Location
Flow 50050
0.615 MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day, 200C C0310
30.0 mg/L
45.0 mg/L
Monthly
Grab
Effluent
Total Suspended Solids C0530
30.0 mg/L
45.0 mg/L
2/Month
Grab
Effluent
Dissolved Oxygen 00300
Daily Average not less than 5.0 mg/L
Weekly
Grab
Effluent
pH 00400
Between 6.0 and 9.0 standard units
Weekly
Grab
Effluent
Conductivity, µmohs/cm 00094
Monthly
Grab
Effluent
Total Chloride, mg/L 00940
Quarterly
Grab
Effluent
Total Nitrogen, mg/L 2 C0600
Quarterly
Grab
Effluent
Total Phosphorus, mg/L C0665
Quarterly
Grab
Effluent
Chronic Toxicity 3 TGP3B
Quarterly
Grab
Effluent
Footnotes: See next page
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see A. (6)].
2. TN = TKN + NO3-N + NO2-N where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-
N + NO2-N are Nitrate and Nitrite Nitrogen, respectively.
3. Chronic Toxicity (Ceriodaphnia) limit at 78% with testing in January, April, July, and October [see A.
(4)]
There shall be no discharge of floating solids or visible foam in other than trace amounts.
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Permit NC0005177
A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — Outfall 002
[15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.]
Grade II Physical Chemical WPCS [15A NCAC 08G .0302]
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge retention pond toe drains from Outfall 002. Such discharges shall be limited and
monitored' by the Permittee as specified below:
Effluent Characteristics
Parameter Code
Discharge Limitations
Monitoring Requirements
Monthly
Average
Daily Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow, MGD 50050
Quarterly
Instantaneous
Effluent
BOD, 5-day, 200C C0310
Monitor and Report (mg/L)
Quarterly
Grab
Effluent
Total Suspended Solids C0530
Monitor and Report (mg/L)
Quarterly
Grab
Effluent
Dissolved Oxygen 00300
Daily Average not less than 5.0 mg/L
Quarterly
Grab
Effluent
pH 00400
Between 6.0 and 9.0 standard units
Quarterly
Grab
Effluent
Conductivity, µmohs/cm 00094
Quarterly
Grab
Effluent
Total Chloride, mg/L 00940
Quarterly
Grab
Effluent
Total Nitrogen, mg/L 2 C0600
Quarterly
Grab
Effluent
Total Phosphorus, mg/L C0665
Quarterly
Grab
Effluent
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see A. (6)].
2. TN = TKN + NO3-N + NO2-N where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-
N + NO2-N are Nitrate and Nitrite Nitrogen, respectively.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
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Permit NC0005177
A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — Outfall 004
[15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.]
Grade II Physical Chemical WPCS [15A NCAC 08G .0302]
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge stormwater, boiler blowdown, steam condensate and non -contact cooling water from
Outfall 004. Such discharges shall be limited and monitored' by the Permittee as specified below:
Effluent Characteristics
Discharge Limitations
Monitoring Requirements
Monthly
Daily
Measurement
Sample
Sample
Parameter Code
Average
Maximum
Frequency
Type
Location
Flow, MGD z 50050
Monthly
Instantaneous
Effluent
Total Suspended Solids C0530
Monthly
Grab
Effluent
(TSS), mg/L
pH 00400
Between 6.0 and 9.0
Monthly
Grab
Effluent
standard units
Conductivity, µmohs/cm 00094
Monthly
Grab
Effluent
Oil and Grease, mg/L 00556
Quarterly
Grab
Effluent
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see A. (7)].
2. Where no measurable discharge occurs, "no discharge" shall be clearly noted on the submitted monthly
discharge monitoring report (DMR).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
There shall be no chromium, zinc or copper added to the cooling water. The permittee shall obtain approval
from the Division's Environmental Sciences Section prior to the use of any biocide in the cooling water (See A.
(5))•
See Special Condition A. (6) for additional stormwater requirements.
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Permit NC0005177
A. (4) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY)
[15A NCAC 02B.0200]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to
Ceriodaphnia dubia at an effluent concentration of 78%.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North
Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions
or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised- December 2010) or
subsequent versions. The tests will be performed during the months of January, April, July and October.
These months signify the first month of each three-month toxicity testing quarter assigned to the facility.
Effluent sampling for this testing must be obtained during representative effluent discharge and shall be
performed at the NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the
permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two
following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test
Procedure" (Revised -December 2010) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the
pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the
following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, NC 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water 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, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
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 a month in which toxicity monitoring is required,
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 Water Sciences Section at the
address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be
required during the following month. Assessment of toxicity compliance is based on the toxicity testing quarter,
which is the three month time interval that begins on the first day of the month in which toxicity testing is
required by this permit and continues until the final day of the third month.
Should any test data from this monitoring requirement 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, minimum control organism reproduction, and appropriate environmental controls, shall constitute an
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Permit NC0005177
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.
A. (5) BIOCIDE CONDITION
[G.S. 143-215, 143-215.11
The permittee shall obtain approval from the Division prior to the use of any biocide in the cooling water
discharged from this facility. Approval should be requested at least 90 days in advance of the planned use of any
biocide which may be toxic to aquatic life (other than previously approved compounds). The request should be
submitted to the Aquatic Toxicology Unit of the Division's Environmental Sciences Section at the following
address:
NC DEQ / DWR / Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
(919) 743-8400
Consult the Aquatic Toxicology Unit for specific items that should be submitted with each request (such as
Biocide Worksheet Form 101, MSDS documentation, etc.). Completion of Biocide Worksheet Form 101 is not
necessary for those outfalls with toxicity testing requirements.
Concentrations of chromium, copper or zinc added to biocides shall not exceed applicable water quality standards
(or action levels) in the receiving stream. These concentrations should be calculated using the Biocide Worksheet
Form 101 with the Supplemental Metals Analysis Worksheet.
A. (6) STORMWATER DISCHARGE REQUIREMENT
1. Stormwater Pollution Prevention Plan
The permittee shall continue to develop and update a Stormwater Pollution Prevention Plan (SPPP), herein after
referred to as the Plan. The SPPP shall be maintained on site unless exempted from this requirement by the
Division. The Plan shall be considered public information and shall include, at a minimum, the following items:
1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources
which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain
the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the
facility's location in relation to transportation routes and surface waters, the name of the receiving water(s)
to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer
system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude
of the point(s) of discharge. The general location map (or alternatively the site map) shall identify whether
each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed
for which a TMDL has been established, and what the parameter(s) of concern are.
(b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust
or particulate generating or control processes, and waste disposal practices. A narrative description of the
potential pollutants which could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn to a scale (including a distance legend) sufficient showing: the site property boundary,
the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity
areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul
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Permit NC0005177
roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of
flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs,
and impervious surfaces. The site map must indicate the percentage of each drainage area that is
impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3)
previous years and any corrective actions taken to mitigate spill impacts.
2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the
materials management practices employed which control or minimize the exposure of significant materials to
stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum,
shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of
operations and/or storage practices to eliminate or reduce exposure of materials and processes to
stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling
operations, and manufacturing or fueling operations. In areas where elimination of exposure is not
practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff
away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk
storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments
and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous
substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary
of all such tanks and stored materials and their associated secondary containment areas shall be maintained.
If the secondary containment devices are connected to stormwater conveyance systems, the connection
shall be controlled by manually activated valves or other similar devices (which shall be secured closed
with a locking mechanism), and any stormwater that accumulates in the containment area shall be at a
minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to
release of the accumulated stormwater. Accumulated stormwater shall be released if found to be
uncontaminated by any material. Records documenting the individual making the observation, the
description of the accumulated stormwater, and the date and time of the release shall be kept for a period
of five (5) years.
(c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be
provided. The installation and implementation of BMPs shall be based on the assessment of the potential
for sources to contribute significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges. The BMP Summary shall include a written record of the
specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall
be reviewed and updated annually.
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an
assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or
the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP
and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person
shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff
through spills or exposure of materials associated with the facility operations. The SPRP must be site
stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a
component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP.
The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good
housekeeping program shall be developed and implemented. The program shall list all stormwater control
systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity
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Permit NC0005177
areas (including material storage areas, material handling areas, disposal areas, process areas, loading and
unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The
program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater
control systems, as well as facility equipment, facility areas, and facility systems that present a potential for
stormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning
schedules of these areas shall be incorporated into the program. Timely compliance with the established
schedules for inspections, maintenance, and housekeeping shall be recorded in writing and maintained in the
SPPP.
5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the
Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once
during the first half of the year (January to June), and once during the second half (July to December), with at
least 60 days separating inspection dates (unless performed more frequently than semi-annually).
6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual
basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance
activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff.
Facility personnel (or team) responsible for implementing the training shall be identified, and their annual
training shall be documented by the signature of each employee trained.
7. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible
for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all
components of the Plan shall be documented and position assignments provided.
Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction,
operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to
surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an
annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the
previous three years, or the notation that no spills have occurred. The annual update shall include written re-
certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges.
Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the
BMP Summary of the Stormwater Management Plan.
The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements
of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for
modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in
accordance with Part H, Standard Conditions, Section B, Paragraph 11) to the Director that the changes have
been made.
Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include
documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to
employees, including the log of the sampling data and of actions taken to implement BMPs associated with the
industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a
period of five (5) years and made available to the Director or the Director's authorized representative
immediately upon request.
2. Bypassing of Stormwater Control Facilities
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; and
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
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Permit NC0005177
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 Part H, Section C, Paragraph 4 of this permit.
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.
3. Stormwater Definitions
1. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process, activity, or physical structure.
2. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers
having a total storage capacity of greater than 1,320 gallons.
3. Municipal Separate Storm Sewer System (MS4)
A stormwater collection system within an incorporated area of local self-government such as a city or town.
4. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm resistant
shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial
materials or activities include, but are not limited to, material handling equipment or activities, industrial
machinery, raw materials, intermediate products, by-products, final products, or waste products. The Division
may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies
with the terms and conditions described in 40 CFR § 122.26(g)
5. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm event.
6. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -
Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title 111, Section 313 reporting
requirements; and
c. That meets at least one of the following criteria:
1) Is listed in appendix D of 40 CFR part 122 on either Table 11(organic priority pollutants), Table III
(certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous
substances);
2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4;
or
3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
7. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets;
finished materials such as metallic products; raw materials used in food processing or production; hazardous
substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant
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Permit NC0005177
to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that
have the potential to be released with stormwater discharges.
8. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under
section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40
CFR 302.4).
9. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and which is
directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities
considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The
term does not include discharges from facilities or activities excluded from the NPDES program.
10. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
11. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations. For the purposes of this permit, vehicle maintenance activity includes equipment
maintenance that uses hydraulic oil and that is stored or used outside, or otherwise exposed to stormwater.
12. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
A. (7) ELECTRONIC REPORTING OF MONITORING REPORTS
[G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports.
The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this permit
(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.)
• Section D. (6.)
• Section E. (5.)
Reporting
Records Retention
Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)]
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet 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
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Permit NC0005177
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 DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
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. See "How to Request
a Waiver from Electronic Reporting" section below.
Regardless of the submission method, 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.
Starting on December 21, 2020, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
Sewer Overflow/Bypass Event Reports;
Pretreatment Program Annual Reports; and
Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver
from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each
electronic submission. The permittee should use the EPA's website resources to identify the initial recipient
for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or
the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving
electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of
electronic submission and for each state. Instructions on how to access and use the appropriate electronic
reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at:
https://www.federalre ig ster.jzov/documents/2015/10/22/2015-24954/national-pollutant-discharge-elimination-
system-npdes-electronic-reporting.
Electronic submissions must start by the dates listed in the "Reporting Requirements" section above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic
reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division.
Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written
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approval at least sixty (60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and
shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the
Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the
Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the Division for the period that
the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on the
following web page:
hllp:Hdeq.nc.,gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)]
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section
B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(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:
htt2://deg.nc.gov/about/divisions/water-resources/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 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. "
5. Records Retention [Supplements Section D. (6.)]
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 122.411.
Page 13 of 14
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USGS Quad: F0SE Bessemer City, NC
Latitude Longitude
Facility: 350 16' 45.8" N 810 18' 31.3" W
Outfall 001: 350 15' 43.6" N 81" 17' 54.4" W
Outfall 002: 350 15' 44.5" N W 1754.4" W
Outfall 004: 35° 15' 42.8" N 810 17' 57.3" W
Subbasin:03-08-37 HUC:03050101
Receiving Stream: UT to First Creek Stream Class: C
North Facility Location
FMC-Lithium Division NCO005177
Gaston County