NCG050000_DRAFT General Permit to Notice_20180417

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DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG050000 — DRAFT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
for establishments primarily engaged in the following activities:
Apparel, Printing, Leather, Rubber, & Miscellaneous Manufacturing
hi 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, this permit is hereby issued to all owners or operators,
hereinafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the
Environmental Management Commission to allow the discharge of stormwater to the surface waters of North
Carolina or to a separate storm sewer system conveying discharges to surface waters in accordance with the terms
and conditions set forth herein.
Coverage under this General Permit is applicable to:
♦ All owners or operators of stormwater point source discharges associated with establishments primarily
engaged in activities classified as Apparel and Other Finished Products Made from Fabrics and Similar
Materials [Standard Industrial Classification (SIC) 23], Printing Publishing and Allied Industries [SIC 27],
Converted Paper and Paperboard Products [SIC 267], Paperboard Containers and Boxes [SIC 265],
Miscellaneous Manufacturing Industries [SIC 39], Leather and Leather Products [SIC 31], and Rubber
and Miscellaneous Products [SIC 30];
♦ Stormwater point source discharges from like industrial activities deemed by The Division of Energy, Mineral,
and Land Resources (DEMLR) to be similar to these operations in the process, or the discharges, or the
exposure of raw materials, intermediate products, by-products, products, or waste products.
The General Permit shall become effective on June 1, 2018.
The General Permit shall expire at midnight on May 31, 2023.
Signed this day May 31, 2018.
for William E. (Toby) Vinson, Jr., P.E., CPM
Interim Director, Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission

TABLE OF CONTENTS
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Permit No. NCG050000
Section A: General Permit Coverage
Section B: Permitted Activities
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements for Stormwater Discharges from On -Site
Vehicle and Equipment Maintenance
Section C: Qualitative Monitoring Requirements for Stormwater Discharges
Section D: Special Conditions
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
Section A: Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
11. Onshore or Offshore Construction
12. Duty to Reapply
Section B: General Conditions
1. General Permit Expiration
2. Transfers
3. When an Individual Permit May be Required
4. When an Individual Permit May be Requested
5. Signatory Requirements
6. General Permit Modification, Revocation and Reissuance, or Termination
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Permit No. NCG050000
7. Certificate of Coverage Actions
8. Annual Administering and Compliance Monitoring Fee Requirements
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
ii

Permit No. NCG050000
PART I — INTRODUCTION
SECTION A: GENERAL PERMIT COVERAGE
All persons desiring to have facilities covered by this General Permit must register with the Division of
Energy, Mineral, and Land Resources (DEMLR) by the filing of a Notice of Intent (NOI) and applicable
fees. The NOI shall be submitted and a certificate of coverage issued prior to any point source discharge
of stormwater associated with industrial activity to the surface waters of the state.
Any owner or operator not wishing to be covered or limited by this General Permit may make application
for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H.0100, stating
the reasons supporting the request. Any application for an individual permit should be made at least 180
days prior to commencement of discharge.
This General Permit does not cover activities or discharges covered by an individual NPDES permit until
the individual permit has expired or has been revoked. Any person conducting an activity covered by an
individual permit but which could be covered by this General Permit may request that the individual
permit be revoked and coverage under this General Permit be provided.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR
§ 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge
permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a
No Exposure Certification Notice of Intent (NOI) form to the Division; must receive approval by the
Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES
stormwater permit; and must recertify the No Exposure Exclusion annually.
Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily
Load (TMDL) for pollutants for stormwater is established. A TMDL sets a pollutant -loading limit that
affects a watershed, or portion of a watershed, draining to a specific impaired water. For discharges to
watersheds affected by a TMDL, coverage under this permit may depend on the facility
demonstrating it does not have reasonable potential to violate applicable water quality standards
for those pollutants as a result of discharges. If the Department determines that discharges have
reasonable potential to cause water quality standard violations, the facility shall apply for an individual
permit 180 days prior to the expiration date of this General Permit. Once that individual permit is
effective, the facility will no longer have coverage under this General Permit. Note that the permittee
must identify impaired waters (scheduled for TMDL development) and waters already subject to a TMDL
in the Site Plan, as outlined in the Stormwater Pollution Prevention Plan, Part 11, Section A. A list of
approved TMDLs for the state of North Carolina can be found at
https:Hdecl. nc.gov/about/divisions/water-resources/planninq/modeling-assessment/tmdls/draft-
and-aooroved-tmdls.
Part I Page 1 of 2

Permit No. NCG050000
SECTION B: PERMITTED ACTIVITIES
Until coverage under this permit expires or is modified or revoked, the permittee is authorized to
discharge stormwater to the surface waters of North Carolina, or to a separate storm sewer system, which
has been adequately treated and managed in accordance with the terms and conditions of this General
Permit and the requirements of the permittee's Certificate of Coverage (COC). The permittee's COC is
hereby incorporated by reference into this General Permit. Any violation of the COC is a violation
of this General Permit and subject to enforcement action as provided in the General Permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-
stormwater discharge or is covered by another permit, authorization, or approval. The discharges
allowed by this General Permit shall not cause or contribute to violations of Water Quality
Standards. Discharges allowed by this permit must meet applicable wetland standards as outlined in
15A NCAC 2B .0230 and .0231 and water quality certification requirements as outlined in 15A NCAC
21-1.0500.
This permit does not relieve the permittee's responsibility for compliance with any other applicable
federal, state, or local law, rule, standard, ordinance, order, or decree.
Part I Page 2 of 2

Permit No. NCG050000
PART II — MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP
shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public
information in accordance with Part III, Standard Conditions, Section E, paragraph 3 of this permit. The
SPPP shall include, at a minimum, the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility and the
potential pollutant sources that may be expected to contribute to contamination of stormwater
discharges. The Site Overview 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 waters to which the stormwater outfalls discharge, or if the discharge is to a
municipal separate storm sewer system, the name of the municipality and the ultimate receiving
waters; and accurate latitude and longitude of the points of stormwater discharge associated with
industrial activity. The general location map (or alternatively the site map) shall identify whether
any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is
located in a watershed for which a TMDL has been established, and what the parameters 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 that could be expected to be present in the
stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: 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 roads); site topography and finished grade; all drainage features and structures;
drainage area boundaries and total contributing area for each outfall; direction of flow in each
drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best
Management Practices (BMPs); and impervious surfaces. The site map must indicate the
percentage of each drainage area that is impervious, and the site map must include a graphic scale
indication and north arrow.
(d) A list of significant spills or leaks of pollutants during the previous three (3) years and any
corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. The permittee shall re -certify annually that the stormwater outfalls have been
evaluated for the presence of non-stormwater discharges. The certification statement will be
signed in accordance with the requirements found in Part III, Standard Conditions, Section B,
Paragraph 5.
Part 11 Page 1 of 11

Permit No. NCG050000
2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a
narrative description of the materials management practices employed which control or minimize the
stormwater exposure of significant materials, including structural and nonstructural measures. The
Stormwater Management Strategy, 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 rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all
storage areas, material handling operations, and manufacturing or fueling operations. In areas
where elimination of exposure is not practical, this review shall document the feasibility of
diverting the stormwater run-on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is required for:
bulk storage of liquid materials including petroleum products; 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). 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. For facilities subject to a federal oil Spill Prevention,
Control, and Countermeasure Plan (SPCC), any portion of the SPCC plan fully compliant with
the requirements of this permit may be used to demonstrate compliance with this permit. The
Division may allow exceptions to secondary containment requirements for mobile ref ielers, as
with the exemption provided by amendments to federal SPCC regulations, as long as appropriate
spill containment and/or diversionary structures or equipment is used to prevent discharge to
surface waters. Exceptions do not apply to ref ielers or other mobile tankage used primarily as
bulk liquid material storage in a fixed location in place of stationary containers.
(c) BMP Summary. A listing of site structural and non-structural Best Management Practices
(BMPs) 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 on 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.
Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials inventory of the
facility. Facility personnel 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.
Part 11 Page 2 of 11

Permit No. NCG050000
4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and
good housekeeping program shall be developed and implemented. The program shall address all
stormwater control systems (if applicable), stormwater discharge outfalls, all on-site and adjacent
surface waters and wetlands, industrial activity areas (including material storage areas, material
handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all
drainage features and structures, and existing structural 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 where not already addressed under another element of the SPPP. 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 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). These facility inspections are different from, and in addition to, the
stormwater discharge characteristic monitoring at the outfalls required in Part II B and C of this
permit.
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. The facility personnel responsible for implementing the training shall
be identified, and their annual training shall be documented by the signature of each employee
trained.
7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the
overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all
components of the SPPP shall be documented and position assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a
change in design, construction, operation, site drainage, maintenance, or configuration of the physical
features which may have a significant effect on the potential for the discharge of pollutants to surface
waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual
update shall include:
(a) an updated list of significant spills or leaks of pollutants for the previous three (3) years,
or the notation that no spills have occurred (element of the Site Overview);
(b) a written re -certification that the stormwater outfalls have been evaluated for the
presence of non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on-site stormwater BMPs (BMP
Summary element of the Stormwater Management Strategy).
(d) a review and comparison of sample analytical data to benchmark values (if applicable)
over the past year, including a discussion about Tiered Response status. The permittee
shall use the Division's Annual Summary Data Monitoring Report (DMR) form,
available from the Stormwater Permitting Unit's website (See:
https://deq.nc. gov/about/divisions/energy-mineral-land-resources/npdes-stormwater-gps).
The Director may notify the permittee when the SPPP 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 SPPP to meet minimum requirements. The permittee shall provide
Part II Page 3 of 11

Permit No. NCG050000
certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to
the Director that the changes have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan
and all appropriate BMPs to prevent contaminants from entering surface waters via stormwater.
Implementation of the SPPP 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.
Part 11 Page 4 of 11

Permit No. NCG050000
SECTION B: ANALYTICAL MONITORING REQUIREMENTS FOR STORMWATER
DISCHARGES FROM ON-SITE VEHICLE AND EQUIPMENT
MAINTENANCE
Facilities that have any vehicle maintenance activity occurring on-site which uses more than 55 gallons
of new motor oil and/or hydraulic oil per month when averaged over the calendar year shall
perform analytical monitoring as specified below in Table 1. (See Definitions for vehicle maintenance
activity.) All analytical monitoring shall be performed during a measurable storm event at all
stormwater discharge outfalls (SDOs) that discharge stormwater runofffrom vehicle maintenance areas,
and in accordance with the schedule presented in Table 2. Sampling is not required outside of the
facility's normal operating hours.
A measurable storm event is a storm event that results in an actual discharge from the permitted site
outfall. The previous measurable storm event must have been at least 72 hours prior. The 72 -hour
storm interval does not apply if the permittee is able to document that a shorter interval is
representative for local storm events during the sampling period, and the permittee obtains approval
from the local DEMLR Regional Office. See Definitions.
Table 1. Analytical Monitoring Requirements for On -Site Vehicle and Equipment Maintenance
Parameter
Code
Discharge Characteristics
Units
Measurement
Fre uenc I
Sample
Type2
Sample
Location3
552
Non -Polar Oil & Grease by
EPA Method1664 SGT -HEM
mg/L
semi-annual
Grab
SDO
530
Total Suspended Solids
m /L
semi-annual
Grab
SDO
46529
Total Rainfa114
inches
semi-annual
Rain gauge
-
--
New Motor Oil or Hydraulic Oil Usage
al/month
semi-annual
Estimate
-
Footnotes:
1 Measurement Frequency: Twice per year during a measurable storm event (unless other provisions of the
permit prompt monthly sampling), until either another permit is issued for this facility or until this permit is
revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this permitting cycle.
If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit,
the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status
until relieved by the provisions of this permit or the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30
minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall status
(ROS) has been granted. A copy of the letter granting ROS shall be kept on site.
4 For each sampled measurable storm event the total precipitation must be recorded. An on-site rain gauge is
required. Where isolated sites are unmanned for extended periods of time, a local rain gauge may be substituted
for an on-site reading.
The permittee shall complete the analytical samplings in accordance with the schedule specified below in
Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in
Definitions). A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless
monthly monitoring has been instituted as part of other requirements of this permit. Inability to sample
because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The
permittee must report the results from each sample taken within the monitoring period (see Part III,
Part II Page 5 of 11

Permit No. NCG050000
Section E). However, for purposes of benchmark comparison and Tiered response actions, the permittee
shall use the analytical results from the first samule with valid results within the monitoring period.
Table 2. Monitoring Schedule
Semi-annual
Monitoring Events 1,2
Start Date
(All Years)3
End Date
(All Years)3
Period 1
January 1
June 30
Period 2
July 1
December 31
Footnotes:
1. Maintain semi-annual monitoring during the General Permit renewal process (unless other provisions of this
permit require monthly sampling). The applicant must continue monitoring until the renewed Certificate of
Coverage (COC) is issued.
2. If no discharge occurs during the sampling period, the permittee must record "No Flow" or "No Discharge"
within 30 days of the end of the sampling period.
3. Monitoring periods remain constant throughout the five-year term of the General Permit. For permittees
continuing with renewed coverage under this General Permit, Year 1 begins in Period 2 on July 1, 2018, and for
all permittees, Year 5 ends in Period 1 on May 31, 2023.
Failure to monitor semi-annually per permit terms may result in the Division requiring monthly
monitoring for all parameters for a specified time period. "No discharge" from an outfall or inability to
collect a sample because of adverse weather conditions during a monitoring period, for example, does not
constitute failure to monitor, as long as it is properly reported.
The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark
values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater
Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to increase
monitoring, increase management actions, increase record keeping, and/or install stormwater Best
Management Practices (BMPs) in a tiered program. See descriptions of Tier One, Tier Two, and Tier
Three response actions below. In the event that the Division releases the permittee from continued
monthly monitoring under Tier Three, DEMLR's release letter may remain in effect through subsequent
reissuance of this permit, unless the release letter provides for other conditions or duration.
Table 3. Benchmark Values for On -Site Vehicle and Equipment Maintenance Activities
Discharge Characteristics
Benchmark Values
Non -Polar Oil & Grease by
EPA Method 1664 SGT -HEM
15 mg/L
Total Suspended Solids TSS
100 m L
TSS ORW, HQW, Trout (Tr), and PNA waters)
50 m L
Part 11 Page 6 of 11

Permit No. NCG050000
Tier One
If. The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements
to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range.
4. Implement the selected feasible actions within two months of the inspection.
5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark
exceedance, the inspection date, the personnel conducting the inspection, the selected actions, and the date the
selected actions were implemented.
6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response.
Tier Two
If. The first valid sampling results from two consecutive monitoring periods (omitting periods with no discharge) are
above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct monthly
monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples.
Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the
benchmark values or within benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report
indicating "No Flow" to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of
contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct
the response actions on the part of the permittee as provided in Tier Three, including reduced or additional
sampling parameters or frequency.
5. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
Tier Three
If. The valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside
the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the
DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results;
Then: The Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of
the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving
waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
Part 11 Page 7 of 11

Permit No. NCG050000
SECTION C: QUALITATIVE MONITORING REQUIREMENTS FOR STORMWATER
DISCHARGES
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution
Prevention Plan (SPPP) and assess new sources of stormwater pollution. Qualitative monitoring of
stormwater outfalls must be performed during a measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall associated with industrial
activity (not just vehicle maintenance activities), regardless of representative outfall status. Qualitative
monitoring shall be performed semi-annually as specified in Table 4, and during required analytical
monitoring events if applicable (unless the permittee is required to perform further qualitative sampling
per the Qualitative Monitoring Response below). Inability to sample because of adverse weather
conditions must be documented in the SPPP and recorded on the DMR (see Adverse Weather in
Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored
(See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document
the suspected cause of the condition and any actions taken in response to the discovery. This
documentation will be maintained with the SPPP.
Table 4. Qualitative Monitoring Requirements
Discharge Characteristics
Frequencyl
Monitoring
Location2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators of stormwater pollution
semi-annual
I SDO
Footnotes:
1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling)
during a measurable storm event. See Table 2 for schedule of monitoring periods. The permittee must
continue qualitative monitoring throughout the permit renewal process.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
associated with industrial activity, regardless of representative outfall status.
Part 11 Page 8 of 11

Permit No. NCG050000
A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as
part of other analytical monitoring requirements in this permit.
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that
significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate
the feasibility of corrective actions, and implement those corrective actions within 60 days, per the
Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation,
and response actions shall be kept in the Stormwater Pollution Prevention Plan.
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, assessing new sources of
stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails
to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or
contributes to a water quality standard violation, DEMLR may but is not limited to:
• require that the permittee revise, increase, or decrease monitoring frequency for some or all
parameters (analytical or qualitative);
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize impacts
on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
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Permit No. NCG050000
SECTION D: SPECIAL CONDITIONS
A (1.) 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 III of this
permit (Standard Conditions for NPDES Permits):
• Section B. (5.) Signatory Requirements
• Section D. (6.) Records Retention
• Section E. (1.) Discharge Monitoring Reports
• Section E. (2.) Submitting Reports
1. Reporting Requirements [Supplements Section E. (1.) and Supersedes Section E. (2.)1
Effective December 21, 2016 or when the agency's electronic reporting system is able to accept
NPDES stormwater permit monitoring data, the permittee shall report discharge monitoring data
electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet
application. NC DEMLR will notify permittees when eDMR is ready to accept stormwater
monitoring data.
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 also 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 DEQ / Division of Water Resources
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 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 no later than 30 days from the date the
facility receives the sampling results from the laboratory.
2. How to Request a Waiver from Electronic Reporting
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Permit No. NCG050000
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the
Division. Requests for temporary electronic reporting waivers must be submitted in writing to the
Division for written approval at least sixty (60) days prior to the date the facility would be required
under this permit to begin submitting monitoring data and reports. The duration of a temporary
waiver shall not exceed 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:
https:Hdeq.nc.gov/about/divisions/water-resources/edmr
3. Sip_natory Requirements [Supplements Section B. (5.) (b) and Supersedes Section B. (5.)
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part III,
Section B. (5)(a) or by a duly authorized representative of that person as described in Part III, Section
B. (5)(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:
https://deq.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 cert, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations. "
4. Records Retention [Supplements 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 122.41].
Part II Page 11 of 11

Permit No. NCG050000
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL
PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule [40 CFR 122.41]:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the Certificate of Coverage and updated thereafter on an annual basis. Secondary
containment, as specified in Part II, Section A, Paragraph 2(b) of this general permit, shall be accomplished
within 12 months of the effective date of the issuance of the Certificate of Coverage.
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan shall
be developed and implemented prior to the beginning of discharges from the operation of the industrial
activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II,
Section A, Paragraph 2(b) of this general permit shall be accomplished prior to the beginning of discharges
from the operation of the industrial activity.
Existing facilities previously permitted and applying for renewal under this General Permit: All
requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in
this permit renewal) shall become effective immediately upon issuance of the Certificate of Coverage.
New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and
implemented within 6 months of the effective date of this general permit and updated thereafter on an
annual basis. Secondary containment, as specified in Part II, Paragraph 2(b) of this general permit shall be
accomplished prior to the beginning of discharges from the operation of the industrial activity.
2. Duty to Comply_
The permittee must comply with all conditions of this general permit. Any permit noncompliance
constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. [40
CFR 122.41]
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants within the time provided in the regulations that establish these standards or
prohibitions, even if the general permit has not yet been modified to incorporate the requirement. [40
CFR 122.41]
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any such sections in a permit issued under
section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3)
or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $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 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
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Permit No. NCG050000
$50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC
1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall
be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not
more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
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)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any
person who violates or fails to act in accordance with the terms, conditions, or requirements of a
permit. [North Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,
302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of
such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I
violations are not to exceed $20,628 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $51,570. Penalties for Class II violations are not to exceed $20,628 per day for
each day during which the violation continues, with the maximum amount of any Class II penalty not
to exceed $257,848. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
general permit which has a reasonable likelihood of adversely affecting human health or the environment.
[40 CFR 122.41(d)]
Civil and Criminal Liability
Except as provided in Part III, Section C of this general permit regarding bypassing of stormwater control
facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 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.
Oil and Hazardous Substance Liability
Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject
to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
Property Rights
The issuance of this general permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal
rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
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Permit No. NCG050000
Severability
The provisions of this general permit are severable, and if any provision of this general permit, or the
application of any provision of this general permit to any circumstances, is held invalid, the application of
such provision to other circumstances, and the remainder of this general permit, shall not be affected
thereby [NCGS 150B-23].
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 the general permit issued pursuant to this general permit or to determine
compliance with this general permit. The permittee shall also furnish to the Permit Issuing Authority upon
request, copies of records required to be kept by this general permit [40 CFR 122.41(h)].
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 general 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].
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation,
or certification in any record or other document submitted or required to be maintained under this general
permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years
per violation, or by both [40 CFR 122.41].
11. Onshore or Offshore Construction
This general permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
12. Duty to Reapply
Dischargers covered by this general permit need not submit a new Notice of Intent (NOI) or renewal
request unless so directed by the Division. If the Division chooses not to renew this general permit, the
permittee will be notified to submit an application for an individual permit. [ 15A NCAC 02H .0127(e)]
SECTION B: GENERAL CONDITIONS
General Permit Expiration
General permits will be effective for a term not to exceed five years, at the end of which the Division may
renew them after all public notice requirements have been satisfied. If a general permit is renewed, existing
permittees do not need to submit a renewal request or pay a renewal fee unless directed by the Division.
New applicants seeking coverage under a renewed general permit must submit a Notice of Intent to be
covered and obtain a Certificate of Coverage under the renewed general permit. [ 15A NCAC 02H .0127(e)]
Transfers
This general permit is not transferable to any person without prior written notice to and approval from the
Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with
NCGS 143-215.1, in particular NCGS 143-215.1(b)(4) b.2., and may require modification or revocation
and reissuance of the Certificate of Coverage, or a minor modification, to identify the new permittee and
incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or
Part III Page 3 of 9

Permit No. NCG050000
state statute. The Permittee is required to notify the Division in writing in the event the permitted
facility is sold or closed.
When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a certificate of coverage issued
pursuant to this general permit to apply for and obtain an individual permit or an alternative general permit.
Any interested person may petition the Director to take action under this paragraph. [ 15A NCAC 02H
.0127(i) -(j)] Cases where an individual permit may be required include, but are not limited to, the
following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, altering the constituents and/or characteristics of the
discharge such that the discharge no longer qualifies for a general permit;
C. The discharge violates the terms or conditions of this general permit;
d. A change has occurred in the availability of demonstrated technology or practices for the control
or abatement of pollutants applicable to the point source;
e. Effluent limitations are promulgated for the point sources covered by this general permit;
f. A water quality management plan containing requirements applicable to such point sources is
approved after the issuance of this general permit;
g. The Director determines at his or her own discretion that an individual permit is required.
When an Individual Permit Mav be Reauested
Any permittee operating under this general permit may request to be excluded from the coverage of this
general permit by applying for an individual permit. When an individual permit is issued to an
owner/operator the applicability of this general permit is automatically terminated on the effective date of
the individual permit. [15A NCAC 02H .0127(h)]
Signatory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and
certified. [40 CFR 122.41(k)]
a. All Notices of Intent to be covered under this general permit shall be signed as follows:
(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 general permit and other information requested by the Permit Issuing
Authority shall be signed by a person described in paragraph a. above or by a duly authorized
representative of that person. A person is a duly authorized representative only if-
Part
i
Part III Page 4 of 9

Permit No. NCG050000
(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]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a
new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the
Director prior to or together with any reports, information, or applications to be signed by an
authorized representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section 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. "
General Permit Modification, Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Permit Issuing Authority from reopening and
modifying the general permit, revoking and reissuing the general permit, or terminating the general permit
as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122
and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et al.
After public notice and opportunity for a hearing, the general permit may be terminated for cause. The
filing of a request for a general permit modification, revocation and reissuance, or termination does not stay
any general permit condition. The Certificate of Coverage shall expire when the general permit is
terminated.
Certificate of Coverage Actions
The general permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance does not stay any general permit condition [40 CFR
122.41(f)].
Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being
billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H
.0105(b)(2) may cause this Division to initiate action to revoke coverage under the general permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
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Permit No. NCG050000
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 operation of back-up or auxiliary
facilities or similar systems which are installed by a permittee only when the operation is necessary to
achieve compliance with the conditions of this permit. [40 CFR 122.41(e)]
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 general permit.
[40 CFR 122.41(c)]
Bypassing of Stormwater Control Facilities
Bypass is prohibited, and the Director may take enforcement action against a permittee for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry weather.
This condition is not satisfied if adequate backup controls should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
c. The permittee submitted notices as required under, Part III, Section E of this general permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a measurable storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this general permit shall not be changed without notification to and
approval of the Permit Issuing Authority. [40 CFR 122.410)]
Recording Results
For each measurement or sample taken pursuant to the requirements of this general 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.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
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Permit No. NCG050000
Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant
to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136.
To meet the intent of the monitoring required by this general permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure. If no approved methods are determined capable of
achieving minimum detection and reporting levels below general permit discharge requirements, then the
most sensitive (method with the lowest possible detection and reporting level) approved method must be
used.
Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of outfalls.
Records Retention
Qualitative monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan (SPPP). Copies of analytical monitoring results shall also be
maintained on-site or be available electronically to a DEMLR inspector upon request. The permittee shall
retain records of all monitoring information, including
o all calibration and maintenance records,
o all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this general permit,
o copies of all data used to complete the Notice of Intent to be covered by this general permit.
These records or copies shall be maintained for a period of at least 5 years from the date of the sample,
measurement, report or Notice of Intent application. This period may be extended by request of the
Director at any time. [40 CFR 122.41] If this volume of records cannot be maintained on-site, the
documents must be made available to an inspector upon request as immediately as possible.
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to:
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or
where records must be kept under the conditions of this general permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
general permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this general permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the Clean Water Act, any substances or parameters at any location. [40 CFR 122.41(i)]
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Permit No. NCG050000
SECTION E: REPORTING REQUIREMENTS
Discharee Monitoring Reports
Samples analyzed in accordance with the terms of this general permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director. DMR forms are available on the
Division's website (https:Hdeg.nc.gov/about/divisions/energy-mineral-land-resources/npdes-industrial-
stormwater). Submittals shall be delivered to the Division no later than 30 days from the date the
facility receives the sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving
all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
If the permittee monitors any pollutant more frequently than required by this general permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this general permit or
other appropriate instrument governing the discharge, the results of such monitoring shall be included in
the data submitted on the DMR. [40 CFR § 122.41(1)]
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative
monitoring results should not be submitted to the Division, except upon DEMLR's specific requirement to
do so. Qualitative Monitoring Report forms are available at the website above.
Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to DWR Central Files (not
DEMLR):
Central Files
Division of Water Resources (DWR)
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically
during the term of this permit. The permittee may be required to use North Carolina's eDMR internet
application for that purpose. 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 address above.
Availabilityports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection
at the offices of the Division. As required by the Act, analytical data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act.
Non-Stormwater Discharges
If the storm event monitored in accordance with this general permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under all other applicable
discharge permits and provide this information with the stormwater discharge monitoring report.
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Permit No. NCG050000
Planned Chanizes
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)].
This notification requirement includes pollutants which are not specifically listed in the general permit or
subject to notification requirements under 40 CFR Part 122.42 (a).
Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes at the permitted facility
which may result in noncompliance with the general permit. [40 CFR 122.41(1)(2)]
Sills
The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as
defined in Part IV of this general permit. Additionally, the permittee shall report spills including: any oil
spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil
spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons
that cannot be cleaned up within 24 hours.
Bypass
Notice [40 CFR 122.41(m)(3)]:
a. 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 affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
Twenty -Four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any noncompliance
which may endanger health or the environment. Any information shall be provided orally within 24
hours from the time the permittee became aware of the circumstances. A written submission shall also
be provided within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance. [40 CFR 122.41(1)(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 [phone], [phone] or [phone].
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24-hour reporting at the time
monitoring reports are submitted. [40 CFR 122.41(1)(7)]
11. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be
covered under this general permit, or submitted incorrect information in that Notice of Intent application or
in any report to the Director, it shall promptly submit such facts or information. [40 CFR 122.41(1)(8)]
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PART IV DEFINITIONS
Act
See Clean Water Act.
Permit No. NCG050000
Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When
adverse weather conditions prevent the collection of samples during the sample period, the permittee must
take a substitute sample or perform a visual assessment during the next qualifying storm event.
Documentation of an adverse event (with date, time and written narrative) and the rationale must be
included with your SPPP records. Adverse weather does not exempt the permittee from having to file a
monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must
also be explained and reported on the relevant DMR.
Allowable Non-Stormwater Discharges
This general permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in
the stormwater conveyance system are:
a. All other discharges that are authorized by a non-stormwater NPDES permit.
b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals,
springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from
footing drains, irrigation waters, flows from riparian habitats and wetlands.
c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye wash as a
result of use in the event of an emergency.
4. Best Manaeement Practices (BMPs
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process, activity, or physical structure. More information on BMPs can be found at:
http://www.epa.izov/npdes/national-menu-best-man agement -p ractices-bmps-stormwater#edu.
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility including
the collection system, which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers having a total combined storage capacity of greater than 1,320 gallons.
7. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit upon issuance
and lists the facility name, location, receiving stream, river basin, effective date of coverage under the
general permit and is signed by the Director.
8. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC
1251, et. seq.
9. Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality (DEQ),
formerly the Department of Environment and Natural Resources.
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Permit No. NCG050000
10. Director
The Director of the Division of Energy, Mineral, and Land Resources, and the permit issuing authority.
11. EMC
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or
qualitatively) must be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or
a surface storage facility.
15. Measurable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous measurable
storm event must have been at least 72 hours prior. The 72 -hour storm interval may not apply if the
permittee is able to document that a shorter interval is representative for local storm events during the
sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this
information and a written request letter shall be sent to the local DEMLR Regional Office. After
authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the
permittee's SPPP.
16. Municipal Separate Storm Sewer System (MS4)
A stormwater collection system within an incorporated area of local self-government such as a city or town.
17. 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.
DEMLR may grant a No Exposure Exclusion from NPDES stormwater permitting requirements only if a
facility complies with the terms and conditions described in 40 CFR 122.26(g).
18. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's notice of
intent to seek coverage under a general permit.
19. Permit Issuing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above).
20. Permittee
The owner or operator issued a Certificate of Coverage pursuant to this general permit.
21. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater associated with industrial
activity is or may be discharged to waters of the state.
22. Representative Outfall Status (ROS)
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Permit No. NCG050000
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DEMLR may grant representative outfall status. Representative outfall status
allows the permittee to perform analytical monitoring at a reduced number of outfalls.
23. 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.
24. Section 313 Water Priority Chemical
A chemical or chemical category which:
b. 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;
c. Is present at or above threshold levels at a facility subject to SARA title 111, Section 313 reporting
requirements; and
d. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III
(certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous
substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
25. Severe Property Damaee
Substantial physical damage to property, damage to the control facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to
occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays
in production.
26. 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 10 1(14) of CERCLA; any chemical the facility is required
to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as
ashes, slag and sludge that have the potential to be released with stormwater discharges.
27. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
28. Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but
not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas,
from which stormwater flows directly or indirectly into waters of the State of North Carolina.
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or
because of snowmelt.
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Permit No. NCG050000
30. Stormwater Associated with Industrial Activit
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.
31. Stormwater Pollution Prevention Plan (SPPP)
A comprehensive site-specific plan which details measures and practices to reduce stormwater pollution
and is based on an evaluation of the pollution potential of the site.
32. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific
water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at
http: //deo.nc.2ov/about/divisions/water-resources/planning/modeling-assessment/tmdls.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. 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.
35. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
36. 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.
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