NC0005363_Comments_20180713

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SOUTHERN ENVIRONMENTAL LAW CENTER
Telephone [phone] WEST ROSEMARY STREET, SUITE 220 Facsimile 919-929-9421
CHAPEL HILL, INC 27516-2356
July 13, 2018
VIA U.S. MAIL AND E-MAIL
Trupti Desai
North Carolina Department of Environmental Quality
Wastewater Permitting RECEIVED/DENR/DWR
Attn: Weatherspoon Permit JUL 16 2018
1617 Mail Service Center
Raleigh, NC 27699-1617
ubliccomments ncdenr. ov Permitting
resources
p @ g Permitting Section
Re: Draft NPDES Permit NC0005363
Weatherspoon Steam Electric Plant
Dear Ms. Desai:
On behalf of itself and the Winyah Rivers Foundation, the Southern Environmental Law
Center ("SELC") submits these comments on the proposed National Pollutant Discharge
Elimination System ("NPDES") permit for Duke Energy's Weatherspoon Steam Electric Plant
("Weatherspoon"), noticed for public comment by the North Carolina Department of
Environmental Quality ("DEQ"). SELC previously submitted comments on the 2016 draft
NPDES permit for this site, and those comments remain applicable and are incorporated by
reference here, except as set out below.
Weatherspoon has reached two milestones that protect the nearby community and the
Lumber River from toxic coal pollution. First, Duke Energy has stopped burning coal at
Weatherspoon. Second, Duke Energy is required to excavate the coal ash from the leaking ash
pond and recycle the ash. Together, these changes begin to correct the decades of air and water
pollution at Weatherspoon.
But DEQ must ensure that Duke Energy cleans up this legacy of coal ash pollution at
Weatherspoon in a way that protects people and the environment. It is especially important that
DEQ include stringent water protections in this current round of NPDES permits for Duke
Energy's coal ash lagoons because North Carolina waters and communities face an enormous
and historic pollution event: the final flush of contaminated wastewater discharges from nearly
every Duke Energy coal ash lagoon. In the upcoming permit period, and over a relatively short
time, Duke Energy plans to dump all the polluted water (untold millions of gallons) from all of
its coal ash lagoons into almost every major river system in North Carolina.
This final dump will contain the most polluted coal ash water ever dumped into North
Carolina's rivers, other than the flow from the Dan River catastrophe. Up until this point, Duke
Energy has been permitted to discharge only the top layer of water in the lagoons, from which
coal ash pollutants supposedly settle out. Now as it shuts down the lagoons, Duke Energy will
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discharge the deeper, more polluted layers of water as the lagoons are "decanted" (by pumping
out water three feet or more above the coal ash) and "dewatered" (by pumping out heavily -
polluted water near to and mixed with coal ash). These final discharges from decanting and
dewatering the lagoons are significantly more polluted than the discharges from normal
operation. A coal ash wastewater discharge of this scale represents an unprecedented pollution
event for North Carolina's waterways.
Thankfully, Duke Energy stopped burning coal at Weatherspoon several years ago.
However, the unlined Weatherspoon coal ash lagoon, which holds almost 2.5 million tons of ash,
still remains. With DEQ's and EPA's conditional approval, Duke Energy has completed
decanting the Weatherspoon lagoon into an unlined "cooling pond" on the banks of the Lumber
River.
Under the draft permit, Duke Energy would be allowed to discharge wastewater from the
cooling pond to the Lumber River in the event of an emergency, such as extreme rainfall, or for
maintenance activities. The cooling pond contains decades of untreated wastewater, including
free-standing water decanted from the ash pond, coal pile runoff, stormwater runoff, and ash
sluice water, and it will soon contain the dirtier interstitial water from the ash pond.
Based on information provided in the draft permit and fact sheet, the "cooling pond"
serves no apparent cooling function. As it is described in the permit materials, this pond
currently functions solely as an intermediate place for Duke Energy to hold wastewater until it
overspills during severe weather. Thus, the decanting and dewatering process at Weatherspoon
effectively is an exercise of moving wastewater from one unlined pit to another without
treatment, only to then discharge this untreated wastewater in an uncontrolled manner into the
Lumber River.
The Lumber River is a Wild and Scenic River that must be protected using readily
available treatment technology. But in effect, Duke Energy intends to use its system of internal
outfalls, an intermediate pond, and emergency spillways to bypass basic clean water protections.
DEQ's draft permit proposes to allow Duke Energy to dewater the ash pond without meaningful
limits into an internal cooling pond, and then discharge it to the Lumber River unpredictably
during emergencies, when Duke Energy has little ability to predict, control, or even monitor the
pollution entering the Lumber River. In effect, this permit is set up to allow untreated
dewatering of the coal ash lagoon into the Lumber River via the intermediate pond.
To make the promise of the progress at Weatherspoon a reality, DEQ must make sure that
the ash pond is dewatered and closed safely. Although this new draft improves upon.previous
drafts, DEQ must do more to protect North Carolina's communities and clean water. As detailed
below, DEQ should: (1) strengthen numeric effluent limitations for coal ash pollutants at the toe
drains, the ash pond discharge, and the ischarge into the Lumber River. In particular, DEQ
must impose much more protective ars nic limits and reinsert the omitted mercury limit; (2) omit
the language qualifying the physical/ch mical treatment requirement and require Duke Energy to
implement known, available, and entire, y feasible technology to control and monitor pollution;
and (3) require Duke Energy to sample putfall 001 at the discharge, not upstream.
1 See Permit No. NC0005363, for the Weatherspoon Steam Electric Plant (Jan. 1, 2010), Attachment 1.

1. Internal Outfall 001A (Ash Pond Dewatering)
As mentioned above, Duke Energy already has decanted and plans to dewater the
Weatherspoon ash basin by dumping polluted wastewater via Internal Outfall 001 A into a
"cooling pond," which then discharges intermittently into the Lumber River during extreme
rainfall or maintenance activities. What could qualify as "maintenance activities" is not
explained and should be subject to clear limitations.
Because interstitial water is more polluted than free-standing water, it is particularly
important that DEQ impose stringent limits for the remaining dewatering at Weatherspoon. In
particular, DEQ must (1) require Duke Energy to treat the water prior to discharge from
the ash pond, and (2) impose meaningful numerical limits on pollutants discharged from
the ash pond.
Although the previous draft of the permit unequivocally required physical/chemical
treatment during dewatering, DEQ has weakened the language so that treatment is required only
"if necessary, to assure state Water Quality Standards are not contravened in the receiving
stream." 2 This new language is ambiguous. Does it mean no treatment is required unless
violations are found? Or that no treatment is required if violations are not expected? Or has
DEQ already made a determination based on modeling that treatment will not be necessary? If
so, DEQ must disclose any such determination, as well as the basis for it, to provide the public
with a meaningful opportunity to comment on this proposed change to the physical/chemical
treatment requirement.
The unusual wastewater flow scheme at Weatherspoon makes this provision especially
inappropriate. Presumably, the "receiving stream" is the Lumber River. But at Weatherspoon
Internal Outfall 001A, where this weakened treatment provision would apply, Duke Energy plans
to dump the dirty interstitial water into the cooling pond, not directly into the Lumber River.
The cooling pond then discharges that polluted water into the Lumber River infrequently and
unpredictably. The provision to protect the "receiving stream" would be completely meaningless
if Duke Energy finished dewatering via Internal Outfall 001A by the time there was a discharge
into the Lumber River. By then, there would be no water left in the ash pond for Duke Energy to
treat, but all of this untreated wastewater would still pose a risk to the river.
Duke Energy should not be allowed to sit back and wait for an extreme rainfall to cause
toxic water to overspill into the Lumber River. At that point, completely avoidable and
unnecessarily harmful pollution of the Lumber River would be irreversible. DEQ should not
make water pollution treatment depend on a vaguely described contingency.
As already seen at Duke Energy's Riverbend facility, Duke Energy's. pumping and
dumping of coal ash polluted water from its lagoon is dangerous and requires treatment. At
Riverbend, Duke Energy's dumping resulted in spikes of arsenic pollution in Mountain Island
Lake, a water body already polluted with arsenic from Duke Energy's coal ash lagoon.3 After
the spikes occurred, a treatment mechanism was installed. This unnecessary pollution event
2 Draft Permit at 6.
' David Boraks, Coal Ash Pond Drainage Blamed for Arsenic in Mt. Island Lake, WFAE, July 7, 2016, available at
http://wfae. org/post/coal-ash-pond-drainage-b lamed-arsenic-mt-i sland-lake#stream/0.

underscores that Duke Energy's dumping and pumping of coal ash polluted water requires
treatment from the outset to prevent pollution of North Carolina's waterways.
Instead of waiting for a catastrophe to happen, Duke Energy must be required to do what
it can now to prevent coal ash pollution by implementing known, available, and entirely feasible
technology to control and monitor the polluted water it dumps from the ash pond into the cooling
pond. Accordingly, DEO should restore the unqualified language in the previous draft of
the permit, requiring Duke Energy to use chemical/physical treatment when dewaterina
from the ash pond to the cooling pond via Outfall 001A. These protections are especially
important at Weatherspoon's Internal Outfall 001A because it may represent the only practical
opportunity for Duke Energy to reduce coal ash pollution before the wastewater is dumped into
the Lumber River during an emergency.
DEQ has a responsibility to require Duke Energy to use the best available technology to
remove these harmful pollutants before they enter the cooling pond for discharge into the
Lumber River. Duke Energy has used treatment technologies at Riverbend and Sutton, and
Dominion has used such technologies in Virginia. For this dramatic pollution event, DEQ
should require physical/chemical treatment without exception.
Strong numerical limits at Internal Outfall 001A are another essential tool to protect the
Lumber River. DEO should further revise the permit to include strong numerical limits at
Outfall 001A on contaminants released during dewatering, including but not limited to
arsenic, thallium, selenium, mercury, chromium, zinc, barium, antimony, and boron.
At Weatherspoon, Duke Energy should not be let off the hook for its pollution simply by
dumping polluted wastewater into an intermediate "cooling pond" before discharging it to the
Lumber River. Robeson County should enjoy the same clean water protections DEQ has put in
place to protect other North Carolina communities.
2. Outfalls 001 and 002 (Cooling Pond)
By allowing Duke Energy to dump its polluted coal ash water into an unlined "cooling
pond" that discharges in an emergency directly into the Lumber River without meaningful limits,
DEQ proposes to leave the pollution of the Lumber River to chance. As Duke Energy and DEQ
readily acknowledge, the cooling pond discharged into the Lumber River during Hurricane
Matthew in 2016 and Hurricane Floyd in 1999.4 In North Carolina, hurricanes are a given. So,
for the community around Weatherspoon, the question is not if a storm will cause Duke Energy
to dump pollution into the Lumber River, but when. DEQ must revise the permit to protect the
Lumber River against these inevitable discharges.
For example, as SELC commented previously, the limits currently proposed for arsenic
are orders of magnitude above what is considered safe. These limits are 120 and 280 times
higher than the limits that DEQ has applied at other sites, like Riverbend and Sutton.5
Additionally, this current draft Omits limits for mercury that were included in the 2016
draft. The Fact Sheet explains Duke E I
ergy failed to use EPA method 1631 E for mercury
4 Fact Sheet at 1.
5 Weatherspoon Draft NPDES Permit at 3.
4

analysis. Duke Energy's failure to properly measure mercury is not a reasonable basis for DEQ
to excuse Duke Energy from mercury limits. DEQ must reinsert those limits.
The final permits for Duke Energy's Riverbend and Sutton facilities provided common-
sense limits to protect people from unsafe levels of arsenic, selenium, and mercury as the water
is pumped out of the ash basins.6 The people living around and downstream of Weatherspoon
deserve the same protections as the communities near the Riverbend plant in Charlotte and the
Sutton plant in Wilmington.
DEO should revise the monthly average and daily maximum for arsenic to be at
least as protective as those at Sutton and Riverbend. In addition to revising the limits for
arsenic, DEO should add limits for other dangerous contaminants associated with coal ash,
including but not limited to, selenium, mercury, thallium, chromium, zinc, barium,
antimony, copper, lead, and boron.
The waiver of sampling from the new Outfall 002 makes the pollution risk worse.
Outfall 002 appears to have a major design flaw —the emergency spillway was constructed so
that it is too dangerous to sample the dischar�e during an emergency. Apparently without even
conducting a Reasonable Potential Analysis, DEQ proposes to give Duke Energy a free pass,
waiving both effluent limitations and monitoring requirements at Outfall 002.8 Not only would
this waiver render meaningless the few numerical limits set forth in condition A.(2.), but it leaves
the Lumberton community in the dark as to the true scale and scope of Duke Energy's pollution,
and reduces its recourse in the event of a major pollution event.
This approach is unacceptable, especially given the increasing frequency of severe storms
and Weatherspoon's location in a 100-year flood plain. In the Fact Sheet, DEQ explains it
determined no pollutants, except for arsenic, showed a reasonable potential to exceed water
quality criteria of the Lumber River at Outfall 001.9 However, DEQ conducted its Reasonable
Potential Analysis for Outfall 001 using a discharge rate of 2.0 MGD, which is the rate for
dewatering the ash pond water to the cooling pond. This rate is completely inappropriate for
Outfall 001. The discharge rate that matters is the potential rate of discharge from the cooling
pond to the river during an extreme rainfall, which may be much higher than the relatively slow
rate of dewatering.
To avoid acting arbitrarily or capriciously, DEO must conduct an appropriate
Reasonable Potential Analysis for each outfall, using realistic assumptions, and revise the
permit to impose strong limits on discharges from Outfalls 001 and 002.
3. Internal Outfall 115A (Toe Drains)
In this latest draft, DEQ creates a new internal outfall to attempt to legitimize Duke
Energy's illegally -constructed seeps or "toe drains."10 The effluent leaking from the toe drains
6 Riverbend Final NPDES Permit at 4, Part I, Section A. (2.); Sutton Final NPDES Permit at 5, Part I, Section A.
(2.).
7 Fact Sheet at 4 (no RPA discussion for Outfall 002).
8 Draft Permit at 5, Note 2.
9 Fact Sheet at 3.
10 Draft Permit at 7 (condition A(4)).

also flows into the cooling pond before potential discharge into the Lumber River. For the same
reasons listed above for Internal Outfall 001A, DEO should impose more strinizent effluent
limitations and monitorine requirements on discharges from Internal Outfall 115A. Duke
Energy should be required to reduce coal ash pollution now, when water is discharged from the
ash pond into the cooling pond. By the time polluted wastewater is discharged from the cooling
pond into the Lumber River, it may be too late to avoid or reduce serious water pollution.
4. Non -Engineered Seeps
SELC's 2016 comments on the previous draft of the Weatherspoon permit dealt at length
with the proposed permitting of Duke Energy's illegal, non -engineered seeps into Jacob Swamp.
SELC applauds DEQ for removing the provisions that would have legalized Duke Energy's
longstanding violations of state and federal law and authorized Duke Energy to continue
allowing its wastewater treatment facility to malfunction and leak, turning North Carolina waters
into wastewater ditches with no clean water protections. SELC expects DEQ to address Duke
Energy's illegal non -engineered seeps as ongoing permit violations in a Special Order on
Consent ("SOC"), as it has done at other leaking Duke Energy sites. SELC urges DEQ to hold
Duke Enemy accountable for its illegal pollution of Jacob Swamp and the Lumber River
and issue an SOC that requires Duke Enemy to eliminate these polluted flows. The
residents of Robeson County deserve for DEQ to enforce the Clean Water Act vigorously.
5. Effluent Sampling Location
With no explanation, the draft permit states that the sampling location for effluent from
Outfall 001 is a quarter -mile upstream of the outfall. This location is inappropriate and
unjustified. Sampling must occur at the discharge point, and should not be upstream of that
discharge under any circumstances.
6. Condition A.(8) Compliance Boundary
SELC supports the additions of condition A.(8) and a compliance boundary map. The
absence of a map properly designating a compliance boundary at the Weatherspoon facility was
a critical omission in the previous draft permit. North Carolina implements some parts of its
Groundwater Protection Rule ("2L Rule") through permits issued to industrial facilities under the
solid waste disposal statutes or the NPDES permit program.11 The 2L Rule directs that "[t]he
[compliance] boundary shall be established by the Director, or his designee at the time of permit
issuance."12 The "compliance boundary" is a "boundary around a disposal system at and beyond
which groundwater quality standards may not be exceeded."13 The addition of condition A.(8)
and the compliance boundary map are important steps toward enforcing the 2L Rule at
Weatherspoon.
"See See 15A N.C. Admin. Code 2L .0106(c) (de ping permitted as having a permit pursuant to N.C. Gen. Stat. § 143-
215.1 or § 130A-294).
" 15A N.C. Admin. Code 2L .0107(c).
13 15A N.C. Admin. Code 2L .0102(3).

Thank you for your consideration of these comments.
Sincerely,
Frank S. Holleman, III
Senior Attorney

ATTACHMENT 1
Weatherspoon NPDES Permit
January 1, 2010

Permit NC0005363
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Carolina Power Et Light Company d/b/a Progress Energy Carolinas, Inc.
is hereby authorized to discharge wastewater from a facility located at:
Weatherspoon Steam Electric Plant
491 Power Plant Road
Lumberton, North Carolina
Robeson County
to receiving waters designated as Lumber River in the Lumber River Basin in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III,
and IV hereof.
The permit shall become effective January 1, 2010.
This permit and the authorization to discharge shall expire at midnight on July 31, 2014.
Signed this day November 20, 2009.
Original signed by Gil Vinzani
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management
Commission

Permit NC0005363
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are
hereby revoked. As of this permit 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.
Carolina Power Et Light Company d/b/a Progress Energy Carolinas, Inc. is
hereby authorized to:
1. Continue to discharge recirculated cooling water, coal pile runoff, stormwater
runoff, ash sluice water, domestic wastewater, chemical metal cleaning
wastewater, low volume wastewater including reject water from operation of a
reverse osmosis water treatment unit from a 225 acre cooling pond (Outfall 001-
Cooling Pond) under extremely severe weather conditions or during pond
maintenance, and continue to discharge non -contact cooling water from heat
exchanger units (Outfall 002- Non contact cooling water), from a facility located
at Weatherspoon Steam Electric Plant, 491 Power Plant Road, Lumberton,
Robeson County, and;
2. Discharge (from Outfalls 001 and 002) into the Lumber River, a Class C-Swamp
water in the Lumber River Basin, at the locations specified on the attached map.
3. Discharge of Stormwater from Outfalls SW-1, SW-2, and SW-3.

Permit NC0005363

Permit NC0005363
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Permit NC0005363
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [001 ]
Beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge recirculated cooling water, coal pile runoff, stormwater runoff, ash
sluice water, treated domestic wastewater, chemical metal cleaning wastewater, and low
volume wastewater including reject water from operation of on R.O. unit from Outfall 001
under specified conditions'. Such discharges shall be limited and monitored by the Permittee
as specified below:
EFFLUENT
CHARACTERISTICS
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
2
Flow
Each Event
Estimate
E
Oiland Grease
Each Event
Grab
E
Total Suspended Solids
Each Event
Grab
E
Total Copper
Each Event
Grab
E
Total Iron
Each Event
Grab
E
Total Arsenic
Each Event
Grab
E
Total Selenium
Each Event
Grab
E
PH 3
Each Event
Grab
E
Temperature 4
Each Event
Grab
E
Acute Toxicity 5
Episodic
Grab
E
Footnotes:
1. This discharge is permitted only in cases caused by extreme rainfall; where unavoidable to
prevent loss of life, severe property damage, or damage to the cooling pond structure; or
maintenance activities. In the event a discharge occurs, the permittee shall inform the North
Carolina Division of Water Quality by telephone within 48 hours after the discharge event. The
permittee shall also provide the Division with the following written information within ten (10)
days of the discharge: a) a description and cause of the discharge; and b) the period of
discharge, including approximate dates and times, the anticipated period the discharge is
expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of
the discharge. The permittee shall take all reasonable steps to minimize any adverse impact to
receiving waters from the discharge, including such monitoring as is necessary to determine the
environmental impact of the discharge.
2. Sample Location: E= Effluent at discharge spillway.
3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.

Permit NC0005363
4. The temperature of the effluent shall be such as not to cause an increase in the temperature of
the receiving stream of more than 2.8°C and in no case cause the ambient water temperature
to exceed 32°C.
5. Acute Episodic Toxicity Testing (24-hour Fathead Minnow); refer to Section A(3).

Permit NC0005363
A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [002]
Beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge non -contact cooling water from Outfall 002. Such discharges shall be
limited and monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Locationl
Flow
Weekly
Pump Logs
E
Temperature 2
Quarterly
Grab
E,U,D
Total Residual Chlorine 3
200 pg/l
Monthly
Grab
E
Time of Chlorine Addition 3
120
min/day/unit
Daily
Logs
E
PH
Quarterly
Grab
E
Footnotes:
1. Sample Locations: E- Effluent; U- Upstream, approx. 1 /4 mile above outfall, D-
Downstream, approx. 1 /4 mile below outfall.
2. The temperature of the effluent shall be such as not to cause an increase in the
temperature of the receiving stream of more than 2.8°C and in no case cause the ambient
water temperature to exceed 32°C.
3. Monitoring requirements apply only if chlorine is added to the treatment system.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.

Permit NC0005363
A. (3) ACUTE TOXICITY MONITORING (EPISODIC)
The permittee shall conduct FIVE acute toxicity tests using protocols defined as definitive in
E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of
Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a
Fathead Minnow (Pimepholes promelas) 24 hour static test. Effluent samples for self -
monitoring purposes must be obtained below all waste treatment. Sampling and subsequent
testing will occur during the first five discrete discharge events after the effective date of
this permit. After monitoring of the first five toxicity tests, the permittee will conduct one
test annually, with the annual period beginning in January of the next calendar year. The
annual test requirement must be performed and reported by June 30. If no discharge occurs
by June 30, notification will be made to the Division within 2 weeks after June 30. Toxicity
testing will be performed on the next discharge event for the annual test requirement.
The parameter code for this test is TAE6C. All toxicity testing results required as part of this
permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in
which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1
(original) is to be sent to the following address:
Attention: North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section
no later than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical
measurements performed in association with the toxicity tests, as well as all dose/response
data. Total residual chlorine of the effluent toxicity sample must be measured and reported if
chlorine is employed for disinfection of the waste stream.
Should any test data from either these monitoring requirements or tests performed by the
North Carolina Division of Water Quality indicate potential impacts to the receiving stream,
this permit may be re -opened and modified to include alternate monitoring requirements or
limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as
minimum control organism survival and appropriate environmental controls, shall constitute
an invalid test and will require immediate follow-up testing to be completed no later than the
last day of the month following the month of the initial monitoring.

Permit NC0005363
A. (4.) BIOCIDE CONDITION
The permittee shall not discharge any biocides that have not been previously approved in conjunction
with the permit application. For biocides not previously approved by the Division of Water Quality, the
permittee shall notify the Director in writing prior to use of these biocides. Completion of Biocide
Worksheet Form 101 is not necessary for those outfalls with toxicity testing requirements.
A.(5) Cooling Water Intake Structure (CWIS)
The Weatherspoon Plant operates a closed -cycle condenser cooling system and therefore continues to
be in compliance with Section 316(b) requirements.

Permit NC0005363
B. (1) STORMWATER PERMIT REQUIREMENTS
Section A: Stormwater Permit Coverage
During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in
40 CFR 5122.26(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 Certification must submit a No Exposure Certification N01 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 reapply for the No Exposure
Exclusion once every five (5) years.
Section B: Stormwater Permitted Activities
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that has
been adequately treated and managed in accordance with the terms and conditions of this
individual permit. All stormwater discharges shall be in accordance with the conditions of this
permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by this or another permit, authorization, or
approval. The stormwater discharges allowed by this individual permit shall not cause or
contribute to violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
B. (2) STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after
referred to as the Plan. This Plan shall be considered public information in accordance with
B. (6) Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall
include, at a minimum, the following items:
1. Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:

Permit NC0005363
(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.
North Carolina's 303(d) List can be found here:
http://h2o.enr.state.nc.us/tmd[/Genera1-303d.htm#Downloads
North Carolina TMDL documents can be found here:
http://h2o.enr.state.nc.us/tmdl/TMDL list.htm#Final_TMDLs.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants
which could be expected to be present in the stormwater discharge from each
outfall.
(c) A site map drawn to scale (including a distance legend) 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
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.
(e) Certification that the stormwater outfalls have been evaluated for the
presence of non-stormwater discharges. The certification statement will be
signed in accordance with the requirements found in B. (6) Standard
Conditions, Section B, Paragraph 3. The permittee shall re -certify annually
that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control
or minimize the exposure of significant materials to stormwater, including structural

Permit NC0005363
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 directly to stormwater conveyance
systems, the connection shall be controlled by manually activated valves or
other similar devices (which shall be secured closed with a locking mechanism),
and any stormwater that accumulates in the containment arrea 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
the material stored within the containment area. Records documenting the
individual making the observation, the description of the accumulated
stormwater, and the date and time of the release shall be kept for a period of
five years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of
BMPs shall be based on the assessment of the potential for sources to
contribute significant quantities of pollutants to stormwater discharges and
data collected through monitoring of stormwater discharges. The BMP
Summary shall include a written record of the specific rationale for installation
and implementation of the selected site BMPs. The BMP Summary shalt 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

Permit NC0005363
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. The program shall
list all stormwater control systems, 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. 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.
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.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation,
and revision to the Plan. Responsibilities for all components of the Plan shall be
documented and position assignments provided.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. All aspects of the
Stormwater Pollution Prevention Plan shall be reviewed and updated on an 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 re -certification that the stormwater outfalls have
been evaluated for the presence of non-stormwater discharges. Each annual update
shall include a re-evaluation of the effectiveness of the BMPs listed in the BMP
Summary of the Stormwater Management Plan.

Permit NC0005363
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 B. (6) Standard Conditions, Section B, Paragraph 5) to the Director
that the changes have been made.
8. 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 required in B. (3), and B. (4) of this permit.
9. 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 years and made available to the Director or the Director's
authorized representative immediately upon request.
B. (3) ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1.
All analytical monitoring shall be performed during a representative storm event. The
required monitoring will result in a minimum of nine analytical samplings being conducted
over the term of the permit at each stormwater discharge outfall (SDO), unless representative
outfall status has been granted.
A representative storm event is a storm event that measures greater than 0.1 inches of
rainfall. The time between this storm event and the previous storm event measuring greater
than 0.1 inches must be at least 72 hours. A single storm event may have a period of no
precipitation of up to 10 hours. For example, if it rains but stops before producing any
collectable discharge, a sample may be collected if the next rain producing a discharge
begins within 10 hours.

Permit NC0005363
Table 1. Analytical Monitoring Requirements
Discharge
Characteristics
Units
Measurement
Frequencyl
Sample
Type2
Sample
Location3
40 CFR Part 423 Appendix A: 13
Priority Pollutant Metals (Ag, As,
Be, Cd, Cr, Cu, Hg, Ni, Pb, Sb,
Se, Tl, Zn)4
Pg/l
semi-annual
Grab
SDO
Al
Pg/t
semi-annual
Grab
SDO
B
Pg/t
semi-annual
Grab
SDO
COD
mg/l
semi-annual
Grab
SDO
TSS
mg/l
semi-annual
Grab
SDO
Sulfate
mg/l
semi-annual
Grab
SDO
Oil and Grease (08G)
mg/l
semi-annual
Grab
SDO
pH
standard
semi-annual
Grab
SDO
Total Rainfalls
inches
semi-annual
Rain Gauge
Footnotes:
1 Measurement Frequency: Twice per year during a representative storm event, for each year until
either another permit is issued for this facility or until this permit is revoked or rescinded. If at the
end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal
permit before the submittal deadline, the permittee will be considered for a renewal application.
The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2
for schedule of monitoring periods through the end of this permitting cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the
discharge from the pond shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status has been granted.
4 Mercury shall be analyzed by EPA Low-level detection method 1631 E. This method also requires a
field blank be analyzed. A benchmark does not apply; however, values above 0.012 ug/I should be
noted on annual SDO DMR reports to the Regional Office.
5 For each sampled representative storm event the total precipitation must be recorded. An on -site
rain gauge or local rain gauge reading must be recorded.
The permittee shall complete the minimum nine analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate each sample
date unless monthly monitoring has been instituted under a Tier Two response.

Permit NC0005363
Table 2. Monitoring Schedule
Monitoring eriodl'2
Sample Number
Start
End
Year 1 - Period 1
1
January 17 2010
June 30, 2010
Year 1 - Period 2
2
July 1, 2010
December 31, 2010
Year 2 - Period 1
3
January 1, 2011
June 30, 2011
Year 2 - Period 2
4
July 1, 2011
December 31, 2011
Year 3 - Period 1
5
January 1, 2012
June 30, 2012
Year 3 - Period 2
6
July 1, 2012
December 31, 2012
Year 4 - Period 1
7
January 1, 2013
June 30, 2013
Year 4 - Period 2
8
July 1, 2013
December 31, 2013
Year 5 - Period 1
9
January 1, 2014
July 31, 2014
Footnotes:
1 Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-
annual monitoring until the renewed permit is issued.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" within 30 days of the end of the six-month sampling period.
The permittee shall report the analytical results from the first sample with valid results
within the monitoring period. In addition, a separate signed Annual Summary DMR copy
shall be submitted to the local DWQ Regional Office (RO) by March 1 of each year. The
permittee shall compare monitoring results to the benchmark values in Table 3. The
benchmark values in Table 3 are not permit limits but should be used as guidelines for the
permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values
require the permittee to increase monitoring, increase management actions, increase record
keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program.
See below the descriptions of Tier One and Tier Two.
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristics
Units
Benchmark
Aluminum
mg/l
0.75
Antimony
mg/t
0.09
Arsenic
mg/1
0.36
Beryllium
mg/t
0.07
Boron
N/A
N/A
Cadmium
mg/1
0.001
Chromium
mg/l
1

Permit NC0005363
Discharge Characteristics
Units
Benchmark
Copper
mg/l
0.007
Lead
mg/l
0.03
Mercury
ng/l
N/A
Nickel
mg/l
0.26
Selenium
mg/l
0.056
Silver
mg/l
0.001
Thallium
N/A
N/A
Zinc
mg/l
0.067
COD
mg/l
120
TSS
mg/l
100
Sulfate
mg/l
500
Oil and Grease (OatG)
mg/l
30
pH (see footnote 1)
Standard
6 - 91
Footnotes:
1 If pH values outside this range are recorded in sampled stormwater discharges, but ambient
rainfall data indicate precipitation pH levels are within + 0.1 standard units of the measured
discharge values or lower, then the lower threshold of this benchmark range does not apply.
Readings from an on -site or local rain gauge (or local precipitation data) must be documented to
demonstrate background concentrations were below the benchmark pH range.

Permit NC0005363
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark
range, for any parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential, and select the specific: source controls, operational controls, or
physical improvements to reduce concentrations of the parameters of concern, or to
bring concentrations to within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan.
Include the date and value of the benchmark exceedence, the inspection date, the
personnel conducting the inspection, the selected actions, and the date the selected
actions were implemented.
Tier Two
If: During the term of this permit, the first valid sampling results are above the benchmark
values, or outside of the benchmark range, for any specific parameter at a specific discharge
outfall two times in a row (consecutive);
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters (except mercury) 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 the benchmark
range, for all parameters at that outfall.
3. If no discharge occurs during the sampling period, the permittee is required to submit a
monthly monitoring report indicating "No Flow."
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.

Permit NC0005363
During the term of this permit, if the valid sampling results required for the permit monitoring
periods exceed the benchmark value, or are outside the benchmark range, for any specific
parameter at any specific outfall on four occasions, the permittee shall notify the DWQ
Fayetteville Regional Office Supervisor in writing within 30 days of receipt of the fourth
analytical results. DWQ may, but is not limited to:
• Require that the permittee increase or decrease the monitoring frequency for the
remainder of the permit;
• Work with permittee to develop alternative response strategies;
• Require the permittee to install structural stormwater controls;
• Require the permittee to implement other stormwater control measures; or
• Require that the permittee implement site modifications to qualify for the No Exposure
Exclusion.
This site discharges to impaired waters experiencing problems with Mercury. A Total
Maximum Daily Load (TMDL) has been approved for this segment of The Lumber River. This
permit requires the permittee to monitor for the pollutant(s) of concern and submit results to
the Division of Water Quality. The Division will consider the monitoring results in determining
whether additional BMPs are needed to control the pollutant(s) of concern to the maximum
extent practicable.
If additional BMPs are needed to achieve the required level of control, the permittee will be
required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a
timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention
Plan.
B. (4) QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified in Table 4, during the
analytical monitoring event. [If analytical monitoring is not required, the permittee still must
conduct semi-annual qualitative monitoring.] Qualitative monitoring is for the purpose of
evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing
new sources of stormwater pollution.
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.

Permit NC0005363
Table 4. Qualitative Monitoring Requirements
Discharge Characteristics
Frequency1
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
SDO
Footnotes:
1 Measurement Frequency: Twice per year during a representative storm event, for each year until
either another permit is issued for this facility or until this permit is revoked or rescinded. If at the
end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal
permit before the submittal deadline, the permittee will be considered for a renewal application.
The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2
for schedule of monitoring periods through the end of this permitting cycle.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge
outfall (SDO) regardless of representative outfall status.
REMOVED B. (5) ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
B. (6) STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: STORMWATER COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of
the effective date of the initial permit and updated thereafter on an annual basis. Secondary
containment, as specified in B. (2) Section A, Paragraph 2(b) of this permit, shall be
accomplished within 12 months of the effective date of the initial permit issuance.

Permit NC0005363
New Facilities applying for coverage for the first time and existing facilities previously
permitted and applying for renewal under this permit: 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 B. (2), Section A, Paragraph 2(b) of this 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 individual permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement
action; for permit termination, revocation and reissuance, or modification; or denial of a
permit upon renewal application.
The permittee shall comply with standards or prohibitions established under section
307(a) of the Clean Water Act for toxic pollutants within the time provided in the
regulations that establish these standards or prohibitions, even if the permit has not yet
been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed $25,000 per day for each violation. Any person
who negligently violates any permit condition is subject to criminal penalties of $2,500
to 25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any
person who knowingly violates permit conditions is subject to criminal penalties of
$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or
both. Also, any person who violates a permit condition may be assessed an
administrative penalty not to exceed $10,000 per violation with the maximum amount
not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR
122.41(a).]
C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000)
per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: NC General
Statutes 143-215.6A].
d. Any person may be assessed an administrative penalty by the Director for violating
section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of the
Act. Administrative penalties for Class I violations are not to exceed $10,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$25,000. Penalties for Class II violations are not to exceed $10,000 per day for each
day during which the violation continues, with the maximum amount of any Class 11
penalty not to exceed $125,000.
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation
of this individual permit which has a reasonable likelihood of adversely affecting human health
or the environment.

Permit NC0005363
4. Civil and Criminal Liability
Except as provided in B. (6), Section C of this permit regarding bypassing of stormwater control
facilities, nothing in this individual permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-
215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore,
the permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this individual permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal
Act, 33 USC 1321.
6. Property Rights
The issuance of this individual 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.
7. Severability
The provisions of this individual permit are severable, and if any provision of this individual
permit, or the application of any provision of this individual permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder of this
individual permit, shall not be affected thereby.
Dutv to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which
the Director may request to determine whether cause exists for modifying, revoking and
reissuing, or terminating this permit or to determine compliance with this permit. The
permittee shall also furnish to the Director upon request, copies of records required to be kept
by this individual permit.
Penalties for TdmDerin
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 individual
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 that $20,000 per day of violation, or by imprisonment of not
more than 4 years, or both.

Permit NC0005363
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this individual permit, including monitoring reports or reports of compliance
or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
SECTION B: STORMWATER GENERAL CONDITIONS
Individual Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit
forms and fees as are required by the agency authorized to issue permits no later than 180 days
prior to the expiration date. Any permittee that has not requested renewal at least 180 days
prior to expiration, or any permittee that does not have a permit after the expiration and has
not requested renewal at least 180 days prior to expiration, will be subjected to enforcement
procedures as provided in NCGS 5143-215.6 and 33 USC 1251 et. seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the
Director. The Director may require modification or revocation and reissuance of the permit to
change the name and incorporate such other requirements as may be necessary under the Clean
Water Act. The Permittee is required to notify the Division in writing in the event the
permitted facility is sold or closed.
3. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
All applications to be covered under this individual permit shall be signed as follows:
(1) In the case of 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;

Permit NC0005363
(2) In the case of a partnership or limited partnership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state, or other public entity: by a principal
executive officer, ranking elected official, or other duly authorized employee.
b. All reports required by the individual permit and other information requested by the
Director shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(l) 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 Director.
C. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fines
and imprisonment for knowing violations."
4. Individual Permit Modification. Revocation and Reissuance, or Termination
The issuance of this individual permit does not prohibit the Director from reopening and
modifying the individual permit, revoking and reissuing the individual permit, or terminating
the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code
of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,
Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et at.
Permit Artinnc
The permit may be modified, revoked and reissued, or terminated for cause. The notification
of planned changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C: STORMWATER OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance

Permit NC0005363
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 individual permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary facilities or similar
systems which are installed by a permittee only when the operation is necessary to achieve
compliance with the conditions of this individual permit.
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this individual permit.
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for
bypass unless:
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, B. (6), Section E of this 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.

Permit NC0005363
SECTION D: STORMWATER MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Analytical sampling shall be performed during a
representative storm event. Samples shall be taken on a day and 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 permit shalt
not be changed without notification to and approval of the Director.
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected
pursuant to the requirements of this individual permit, the permittee shall record the following
information:
a. The date, exact place, and time of sampling, measurements, inspection or maintenance
activity;
b. The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
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.
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 individual 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.

Permit NC0005363
5. Representative Outfall
If a facility has multiple discharge locations. with substantially identical stormwater discharges
that are required to be sampled, the permittee may petition the Director for representative
outfall status. If it is established that the stormwater discharges are substantially identical and
the permittee is granted representative outfall status, then sampling requirements may be
performed at a reduced number of outfalls.
Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shalt also be
maintained on -site. The permittee shall retain records of all monitoring information, including
all calibration and maintenance records and all original strip chart recordings for continuous
monitoring instrumentation, and copies of all reports required by this individual permit for a
period of at least 5 years from the date of the sample, measurement, report or application.
This period may be extended by request of the Director at any time.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which
discharges through a municipal separate storm sewer system, an authorized representative of a
municipal operator or the separate storm sewer system receiving the discharge, upon the
presentation of credentials and other documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this individual
permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this individual permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this individual permit;
and
d. Sample or monitor at reasonable times, for the purposes of assuring individual permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location.
SECTION E: STORMWATER REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division
on Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be
delivered to the Division no later than 30 days from the date the facility receives the sampling
results from the laboratory.

Permit NC0005363
When no discharge has occurred from the facility during the report period, the permittee is
required to submit a discharge monitoring report within 30 days of the end of the three-month
sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A
02B .0506.
The permittee shall record the required qualitative monitoring observations on the SDO
Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the
completed forms on site. Qualitative monitoring results should not be submitted to the
Division, except upon DWQ's specific requirement to do so.
Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following
address:
Division of Water Quality
Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
In addition, a separate signed Annual Summary DMR copy shall be submitted to the
permittee's DWQ Regional Office (RO) by March 1 of each year.
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available
for public inspection at the offices of the Division of Water Quality. 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.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this individual permit coincides with a non-
stormwater discharge, the permittee shall separately monitor all parameters as required under
the non-stormwater discharge permit and provide this information with the stormwater
discharge monitoring report.
5. Planned Changes
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. This notification requirement includes pollutants which are not specifically listed
in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a).
Anticipated Noncompliance

Permit NC0005363
The permittee shall give notice to the Director as soon as possible of any planned changes at
the permitted facility which may result in noncompliance with the individual permit
requirements.

Bypass
Permit NC0005363
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.
Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming
aware of an unanticipated bypass.
Twentv-four Hour ReDortin
The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shalt 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.
The Director may waive the written report on a case -by -case basis if the oral report has been
received within 24 hours.
Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting
at the time monitoring reports are submitted.
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in an
application for an individual permit or in any report to the Director, it shall promptly submit
such facts or information.
SECTION F: STORMWATER LIMITATIONS REOPENER
This individual permit shall be modified or alternatively, revoked and reissued, to comply with any
applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c),
and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality
standard so issued or approved:
Contains different conditions or is otherwise more stringent than any effluent limitation in the
individual permit; or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.

Permit NC0005363
SECTION G: STORMWATER 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)(4) may cause this Division to initiate action to revoke the individual permit.
SECTION H: DEFINITIONS FOR STORMWATER SECTION OF THIS PERMIT
Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values divided by
the number of individual values.
Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
(a) All other discharges that are authorized by a non-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, flows from riparian habitats and
wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
4. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs
may take the form of a process, activity, or physical structure.
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 located in close proximity to each other having a total
combined storage capacity of greater than 1,320 gallons.

Permit NC0005363
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
8. Division or DWQ
The Division of Water Quality, Department of Environment and Natural Resources.
Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or
qualitatively monitored must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is
not a land treatment facility, a surface impoundment, an injection well, a hazardous waste
Long-term storage facility or a surface storage facility.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a
city or town.
15. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a
storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow,
snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material
handling equipment or activities, industrial machinery, raw materials, intermediate products,
by-products, final products, or waste products. DWQ 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 5122.26(g).

Permit NC0005363
16. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit,
excluding topsoil or similar naturally -occurring surface materials that are not disturbed by
mining operations.
17. Permittee
The owner or operator issued a permit pursuant to this individual permit.
18. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any
pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may
be discharged to waters of the state.
19. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72
hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event
may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without
producing any collectable discharge, and then stops, a sample may be collected if a rain producing a
discharge begins again within the next 10 hours.
20. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is
representative of the discharges at multiple outfalls, the DWQ may grant representative outfall
status. Representative outfall status allows the permittee to perform analytical monitoring at
a reduced number of outfalls.
21. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity.
Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not
include washwaters utilizing any type of detergent or cleaning agent.
22. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure
plus sufficient freeboard to allow for the 25-year, 24-hour storm event.
23. Section 313 Water Priority Chemical
A chemical or chemical category which:
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;

Permit NC0005363
b. Is present at or above threshold levels at a facility subject to SARA Title III, 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 Table II (organic priority
pollutants), Table III (certain metals, cyanides, and phenols), or Table IV
(certain toxic pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 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.
24. Severe Property Damage
Means 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.
25. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and
plastic pellets; finished materials such as metallic products; raw materials used in food
processing or production; hazardous substances designated under section 101(14) of CERCLA;
any chemical the facility is required to report pursuant to section 313 of Title III of SARA;
fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the
potential to be released with stormwater discharges.
26. 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).
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
28. Stormwater Associated with Industrial 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.
29. Stormwater Pollution Prevention Plan

Permit NC0005363
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.
30. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average
once in ten years. Design storm information can be found in the State of North Carolina Erosion
and Sediment Control Planning and Design Manual.
31. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total
flow shall be either; (a) measured continuously, (b) calculated based on the amount of area
draining to the outfall, the amount of built -upon (impervious) area, and the total amount of
rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall
event.
32. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive
and still meet water quality standards, and an allocation of that amount to the pollutant's
sources. A TMDL is a detailed water quality assessment that provides the scientific foundation
for an implementation plan. The implementation plan outlines the steps necessary to reduce
pollutant loads in a certain body of water to restore and maintain water quality standards in all
seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL
programs.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. Upset
Means an exceptional incident in which there is unintentional and temporary noncompliance
with technology based permit effluent limitations because of factors beyond the reasonable
control of the permittee. An upset does not include noncompliance to the extent caused by
operational error, improperly designed treatment or control facilities, inadequate treatment or
control facilities, lack of preventive maintenance, or careless or improper operation.
35. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.
36. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by
water, air, gravity, or ice from its site of origin which can be seen with the unaided eye.

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Permit NC0005363
37. 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.