NCG060000_DRAFT General Permit to Notice_20180802

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG060000 — DRAFT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
for establishments primarily engaged in the following activities:
Food and Kindred
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, 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 activities classified as
establishments primarily engaged in:
■ Food and Kindred Products [standard industrial classification (SIC) 20],
■ Tobacco Products (SIC 21),
■ Soaps, Detergents and Cleaning Preparations, Perfumes, Cosmetics and Other Toilet
Preparations (SIC 284),
■ Drugs (SIC 283), and
■ Public Warehousing and Storage (SIC 4221-4225).
♦ 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 November 1, 2018.
The General Permit shall expire at midnight on October 31, 2 02 1.
Signed this 31St day of October 2018.
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

Permit No. NCG060000
TABLE OF CONTENTS
PART I INTRODUCTION
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
Section C: Qualitative Monitoring Requirements
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
S.
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
S.
Signatory Requirements
6.
General Permit Modification, Revocation and Reissuance, or
Termination
i

Permit No. NCG060000
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
S.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS

Permit No. NCG060000
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 Division 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 II, Section A. A list of approved TMDLs for the state of North Carolina can be
found at httl2s://deq.nc.gov/about/divisions/water-resourceslplanning/modeling-
assessment/tmdls/draft-and-approved-tmdls.
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Permit No. NCG060000
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 213.0230 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.
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Permit No. NCG060000
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:
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.
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Permit No. NCG060000
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 au
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 refuelers, 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 refuelers 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
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Permit No. NCG060000
through spills or exposure of materials associated with the facility operations. The SPRP must
be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure
plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address
the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be
incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance
and good housekeeping program shall be developed and implemented. The program shall
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.
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, Sections 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.
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 statement that annual training requirements were met in the pastyear;
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Permit No. NCG060000
(e) a review and comparison ofsample 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: IIdeq.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 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.
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
analytical monitoring shall be performed during a measurable storm event at each stormwater
discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must
be sampled (See Definitions).
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.
The permittee shall compare monitoring results to the benchmark values in Table 1. Exceedances
of benchmark values require the permittee to increase monitoring, increase management actions,
increase record keeping, and/or install Stormwater Control Measures (SCM) in a tiered program.
See below for the 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 and
reporting under Tiers Two or Three, the Division's release letter may remain in effect through
subsequent reissuance of this permit, unless the release letter provides for other conditions or
duration.
The benchmark values in Table 1 are not permit limits but should be used as guidelines for
implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a
permit violation; however, failure to respond to the exceedance as outlined in this permit is a
violation of permit conditions.
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Permit No. NCG060000
Please note that the parameters in the last two rows of Table 1 (Non -polar Oil & Grease and New
Motor Oil or Hydraulic Oil Usage) are only required for outfalls that discharge runoff from vehicle
or equipment maintenance areas in which more than 55 gallons of new motor oil and/or hydraulic
oil are used per month when averaged over the calendar year.
Table 1. Analytical Monitoring Requirements
Parameter
Discharge
Units
Measurement
Sample
Sample
Bench -
Code
Characteristics
Frequent 1
T pee
Location3
mark
400
pH6
standard
semi-annual
Grab
SDO
6-9
C0530
Total Suspended Solids TSS
m /L
semi-annual
Grab
SDO
100
Total Suspended Solids (TSS)
C0530
mg/L
semi-annual
Grab
SDO
50
HQW, ORW, Tr and PNA
556
Oil & Grease
m /L
semi-annual
Grab
SDO
30
Per 100 ml offreshwater
31616
Fecal Coliforms
semi-annual
Grab
SDO
1000
Per 100 ml of
61211
Enterococci5
saltwater
semi-annual
Grab
SDO
500
340
Chemical Oxygen Demand
mg/L
semi-annual
Grab
SDO
120
46529
Total Rainfall4
inches
semi-annual
Rain gauge
-
-
Non -Polar Oil & Grease7 by
552
mg/L
semi-annual
Grab
SDO
15
EPA Method 1664 SGT -HEM
New Motor Oil or Hydraulic
--
gal/month
semi-annual
Estimate
-
-
Oil Usage?
Footnotes:
1 Measurement Frequency: Twice per year during a measureable 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) unless
representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on
site.
4 For each sampled measureable 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.
5 Fecal coliform sampling applicable only to facilities that process meats and discharge to freshwaters.
Enterococci sampling applicable only to facilities that process meats and discharge to saltwaters.
6 If pH values outside this range are recorded in sampled stormwater discharges, but ambient precipitation
pH levels are lower, then the lower threshold of this benchmark range is the pH of the precipitation
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Permit No. NCG060000
instead of 6 standard units. Readings from an on-site or local rain gauge must be documented to
demonstrate background concentrations were below the benchmark pH range.
7 Only required for vehicle or equipment maintenance areas.
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, Section E). However, for purposes of benchmark comparison and
Tiered response actions, the permittee shall use the analytical results from the first sample with
valid results within the monitoring period.
Table 2. Monitoring Schedule
Semi-annual
Monitoring Events1,2
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 1 on January 1,
2019, and for all permittees, Year 5 ends in Period 2 on October 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.
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Permit No. NCG060000
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 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.
S. 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
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.
S. 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 control measures;
• require the permittee to implement other best management practices;
• 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.
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Permit No. NCG060000
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
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, regardless of
representative outfall status. Qualitative monitoring shall be performed semi-annually as specified
in Table 3, 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 3. 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
I semi-annual
SDO
Footnotes:
1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly
sampling) during a measureable 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.
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.
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Permit No. NCG060000
Qualitative Monitoring Response
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 control measures;
• require the permittee to implement other best management practices;
• 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.
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.
L)
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:
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Permit No. NCG060000
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
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://deq..nc.gov/about/divisions/water-resources/edmr
3. Signatory Requirements [Supplements Section B. (5.)(b) and Supersedes Section
B. (5.)(d)]
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: I Ideg.nc.govlabout/divisions/water-resources/edmr
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Permit No. NCG060000
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:
7 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
properlygather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible forgathering 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 offines and imprisonment for knowing violations."
4. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from
the date of the report. This period may be extended by request of the Director at any time [40
CFR 122.41].
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Permit No. NCG060000
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
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 (COC) 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 COC, or as otherwise specified in the special conditions
of the COC.
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, 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.
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)]
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Permit No. NCG060000
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
$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)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of
the Act, or any permit condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, and who knows at that time that he thereby
places another person in imminent danger of death or serious bodily injury, shall, upon
conviction, be subject to a fine of not more than $250,000 or imprisonment of not more
than 15 years, or both. In the case of a second or subsequent conviction for a knowing
endangerment violation, a person shall be subject to a fine of not more than $500,000 or
by imprisonment of not more than 30 years, or both. An organization, as defined in
section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent
danger provision, be subject to a fine of not more than $1,000,000 and can be fined up
to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Understate law, a civil penalty of not more than $25,000 per violation maybe 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)]
4. 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
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Permit No. NCG060000
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.
6. 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)].
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 15013-23].
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating 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)].
9. 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.
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Permit No. NCG060000
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)]
2. 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(l)(3), 122.61] or 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 Maybe 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.
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Permit No. NCG060000
4. When an Individual Permit May be Requested
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)]
5. 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:
(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]
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Permit No. NCG060000
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 forgathering 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)].
8. 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
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
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Permit No. NCG060000
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)]
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 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
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 measureable 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 122.41(j)]
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.
easurements;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.
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Permit No. NCG060000
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and reliability
of measurements of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts,
and to regulations published pursuant to Section 304(g), 33 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.
6. 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:
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Permit No. NCG060000
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)]
SECTION E: REPORTING REQUIREMENTS
Discharge 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 (httl2s://deq.nc.gov/about/divisionslenergy-
mineral-I and -res ources InI2 des -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
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Permit No. NCG060000
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.
Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308
of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division. As required by the Act,
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 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.
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 [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).
6. 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)]
mills
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.
8. 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 effect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming
aware of an unanticipated bypass.
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Permit No. NCG060000
9. 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. NCG060000
2. 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 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. More information on
BMPs can be found at: http: / /www.epa.gov f npdes /national -menu-best-management-
practices-bmps-stormwater#edu.
fnational-menu-best-management-
practices-bmps-stormwater#edu.
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.
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.
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Permit No. NCG060000
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.
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. Measureable 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).
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Permit No. NCG060000
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 AuthoritX
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).
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 III, 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 Damage
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 101(14) of
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Permit No. NCG060000
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 as a result of snowmelt.
30. Stormwater Associated with Industrial Activitv
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 Control Measure (SCM)
A permanent structural device that is designed, constructed, and maintained to remove
pollutants from stormwater runoff by promoting settling or filtration or mimic the natural
hydrologic cycle by promoting infiltration, evap o -trans p iration, post -filtration discharge,
reuse of stormwater, or a combination thereof.
32. 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.
33. Total Maximum Dailv 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://deil.nc.gov/about/divisions/water-
resources,[planning/modeling-assessment/tmdls.
34. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a) (1) of the Clean Water Act.
35. 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.
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Permit No. NCG060000
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.
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.
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