Loading...
HomeMy WebLinkAboutNCG120000_2018 General Permit Original Signed_20181204Permit No. NCG120000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG12OOOO TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM for establishments primarily engaged in the following activities: Landfills 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 categorized as landfills, including construction and demolition debris landfills, which are permitted by the North Carolina Division of Waste Management under the provisions and requirements of North Carolina General Statute 130A-294. ♦ Stormwater point source discharges from like industrial activities deemed by the Division of Water Quality 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. Except upon DEMLR determination of similarity as provided immediately above, the following activities and associated discharges are excluded from coverage under this General Permit: ♦ Stormwater point source discharges from open dumps, hazardous waste disposal sites, land clearing and inert debris landfills, or discharges of wastes (including discharges of leachate as defined in 15A NCAC 13B .0101(11)). V l.unlaniniaLeu SLuinlwaler as defined In Fart iV: Definitions or tnis permit Semi-annual monitoring shall continue, unless more frequent monitoring is required in accordance with Tiers in Part II, Section B. The General Permit shall become effective on November 1, 2018. The General Permit shall expire at midnight on May 31, 2021 Signed this day October Interim Director, Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NCG120000 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: Limitations and Controls for Stormwater Discharges Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements for Stormwater Discharges Section D: Special Conditions PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply Section B: General Conditions 1. General Permit Expiration 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested 5. Signatory Requirements 6. General Permit Modification, Revocation and Reissuance, or Termination 7. Certificate of Coverage Actions P Permit No. NCG120000 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 4. Upsets 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. NCG120000 PART I INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to have facilities covered by this General Permit must register with the Division of Energy, Mineral, and Land Resources (DEMLR) by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any point source discharge of stormwater associated with industrial activity to the surface waters of the state. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to commencement of discharge. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been revoked. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually. Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily Load (TMDL) for pollutants for stormwater is established. A TMDL sets a pollutant -loading limit that affects a watershed, or portion of a watershed, draining to a specific impaired water. For discharges to watersheds affected by a TMDL, coverage under this permit may depend on the facility demonstrating it does not have reasonable potential to violate applicable water quality standards for those pollutants as a result of discharges. If the Department determines that discharges have reasonable potential to cause water quality standard violations, the facility shall apply for an individual permit 180 days prior to the expiration date of this General Permit. Once that individual permit is effective, the facility will no longer have coverage under this General Permit. Page 1 of 25 Permit No. NCG120000 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. Page 2 of 25 Permit No. NCG120000 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the Certificate of Coverage and lasting until expiration of the General Permit, the permittee is authorized to discharge stormwater. Such discharges shall be controlled, limited, and monitored as specified below: 1. Prior to commencement of land disturbing activities, the permittee shall submit for approval an Erosion and Sediment Control Plan (plan) to the Department of Environmental Quality, Division of Energy, Mineral, and Land Resources, or an approved local program, pursuant to the requirements of NC G.S. 113A-54.1 and in conformity with the rules adopted by the Sedimentation Control Commission. 2. The permittee shall implement the approved plan. The approved plan is a requirement or condition of this General Permit. Deviation from the approved plan, or approved amendment to the plan, shall constitute a violation of the terms and conditions of this General Permit. A signed copy of the approved plan shall be maintained on the site at all times. Prior to constructing or operating a landfill the permittee shall obtain a permit for a sanitary landfill from the N.C. Department of Environment and Natural Resources, Division of Waste Management, pursuant to the requirements of NC G.S. 130A - 294 and in conformity with the rules adopted in 15A North Carolina Administrative Code, Subchapter 13B Section .0500 or Section .1600. The landfill permit is a requirement or condition of this General Permit. Deviation from the landfill permit, or approved amendment or revision of the landfill permit, shall constitute a violation of the terms and conditions of this General Permit. A signed copy of the landfill permit shall be maintained on the site at all times. 4. Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials including petroleum products; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices, which shall be secured closed with a locking mechanism. Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan, facility compliance with any portion of the SPCC plan fully consistent with the requirements of this permit may be used to demonstrate compliance with this permit. Equipment utilized during the land disturbing or landfill operational activities on a site shall be operated and maintained in such a manner as to prevent potential or actual pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, other petroleum products, and spent fluids shall be disposed of in a manner so as not to enter the waters, surface or ground, of the state and in accordance with applicable state and federal disposal regulations. Any spilled fluids shall be cleaned up to the extent practicable and Page 3 of 25 Permit No. NCG120000 disposed of in a manner so as not to allow their entry into the waters, surface or ground, of the state. 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 measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). This permit does not authorize the discharge of contaminated stormwater or landfill wastewater. Please see the definitions section of this permit for more information. 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 Engineer. See Definitions. 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 response actions to control the discharge of stormwater-related pollutants. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See descriptions of Tier One, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring under Tier Three, DEMLR's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. The benchmark values in Table 1 are not permit limits but should be used as guidelines for the permittee's response actions to control the discharge of pollutants in site stormwater. 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. Please note that the parameters in the last two rows in Table 1 (non -polar oil and grease and new motor 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 per month is used when averaged over the calendar year. Table 1. Analytical Monitoring Requirements with Industrial Activities' Parameter Code 00340 Discharge Characteristics Chemical Oxygen Demand Units Measurement Sample Frequency1 Type2 semi-annual Grab Sample Location3 SDO Bench - mark 120 mg/L 31616 Fecal Coliform # per 100 ml semi-annual Grab SDO 1000 00400 pHs standard semi-annual Grab SDO 6 9 Page 4 of 25 Permit No. NCG120000 Parameter Discharge Measurement Sample Sample Bench - Code Characteristics Units Fre uenc 1 Type2 Location3 mark CO530 Total Suspended Solids (TSS) mg/L semi-annual Grab SDO 100 CO530 Total Suspended Solids (TSS) mg/L semi-annual Grab SDO 50 HQW, ORW, Trout and PNA semi-annual 46529 Total Rainfa114 inches Rain gauge - For vehicle or equipment maintenance areas in which more than 55 gallons of motor oil and/or hydraulic oil is used per month: 00552 Non -Polar Oil & Grease by mg/L semi-annual Grab SDO 15 EPA Method1664 (SGT-HEM) NCOIL New Motor Oil or Hydraulic gal/month semi-annual Estimate - Oil Usage Footnotes: 1 Outfalls that have only Vehicle Maintenance Areas with no industrial activities shall monitor for: Total Rainfall, TSS, Non -Polar Oil & Grease and New Motor/Hydraulic Oil Usage. The measurement frequencies, sample types, sample locations and benchmarks shall be in accordance with the above table. 2 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. 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. 3 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 begin within the first 30 minutes, and shall continue until completed. 4 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted by the Division. A copy of the Division's letter granting ROS must be kept on site. 5 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 reading may be substituted for an on -site reading. 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 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. 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 DMR, along with a description of the adverse conditions and their duration. The permittee must report the results from each sample taken within the monitoring period (see Part 111, 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. Page 5 of 25 Permit No. NCG120000 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. 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. 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 the potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and or to bring concentrations within the benchmark range 4. Implement the selected feasible actions within two months of the inspection. 5. Maintain an on -site record of each instance of a Tier One response. 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. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response. Page 6 of 25 Permit No. NCG120000 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 the benchmark range, for any specific parameter at a specific discharge outfall; 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 and monitoring results on site. 6. Continue Tier Two response obligation 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 frequency for some or all parameters; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; • require the permittee to implement site modifications to qualify for a No Exposure Exclusion; or • require the permittee to continue Tier Three obligations through the permit renewal SECTION C: QUALITATIVE MONITORING REQUIREMENTS FOR STORMWATER DISCHARGES Qualitative monitoring requires a visual inspection of each stormwater outfall associated with industrial activity (not just vehicle maintenance activities), regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually as specified in Table 4, and Page 7 of 25 Permit No. NCG120000 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 DMR, along with a description of the adverse conditions and their duration (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. Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequencyl Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution 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 need only be submitted to DEMLR upon the Division's specific request for those records. Page 8 of 25 Permit No. NCG120000 Qualitative Monitoring Response Qualitative monitoring is for the purposes of evaluating BMP effectiveness, assessing new sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DEMLR may but is not limited to: • require that the permittee revise, increase, or decrease monitoring frequency for some or all parameters (analytical or qualitative); • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION D: SPECIAL CONDITIONS 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. 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 Page 9 of 25 Permit No. NCG120000 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 copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms or alternative forms approved by the Director. A signed copy 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 Page 10 of 25 Permit No. NCG120000 Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: https://deq.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 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 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. " 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]. Page 11 of 25 Permit No. NCG120000 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: Secondary containment, as specified in Part II, Section A, Paragraph 2 (b) of this general permit, shall be accomplished within 12 months of the effective date of the issuance of the Certificate of Coverage. New Facilities applying for coverage for the first time and existing facilities previous permitted and applying for renewal under this General Permit: All requirements, conditions, limitations, and controls contained in this permit become effective immediately upon issuance of the Certificate of Coverage. 2. Duty to Comply The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. [40 CFR 122.41] a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the general permit has not yet been modified to incorporate the requirement. [40 CFR 122.41] b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $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 Page 12 of 25 Permit No. NCG120000 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 3 09 (c) (3) (B) (iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $20,628 per violation, with the maximum amount of any Class I penalty assessed not to exceed $51,570. Penalties for Class II violations are not to exceed $20,628 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $257,848. [33 USC 1319(g) (2) and 40 CFR 122.41(a)(3)] 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 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. 5. 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)]. 7. 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]. B. 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, Page 13 of 25 Permit No. NCG120000 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. 12. Duty to Reapply Dischargers covered by this general permit need not submit a new Notice of Intent (NOI) or renewal request unless so directed by the Division. If the Division chooses not to renew this general permit, the permittee will be notified to submit an application for an individual permit. [15A NCAC 02H .0127(e)] SECTION B: GENERAL CONDITIONS General Permit Expiration General permits will be effective for a term not to exceed five years, at the end of which the Division may renew them after all public notice requirements have been satisfied. If a general permit is renewed, existing permittees do not need to submit a renewal request or pay a renewal fee unless directed by the Division. New applicants seeking coverage under a renewed general permit must submit a Notice of Intent to be covered and obtain a Certificate of Coverage under the renewed general permit. [15A NCAC 02H .0127(e)] Transfers This general permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4) b.2., and may require modification or revocation and reissuance of the Certificate of Coverage, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Page 14 of 25 Permit No. NCG120000 3. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or an alternative general permit. Any interested person may petition the Director to take action under this paragraph. [15A NCAC 02H .0127(i)-(j)] Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit; C. The discharge violates the terms or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this general permit; f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit; g. The Director determines at his or her own discretion that an individual permit is required. 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 122.221 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; Page 15 of 25 Permit No. NCG120000 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 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 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. " 6. 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. 7. 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 Administerine and Compliance Monitoring Fee Reauirements 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 21-1.0105(b)(2) may cause this Division to initiate action to revoke coverage under the general permit. Page 16 of 25 Permit No. NCG120000 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 maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit. [40 CFR 122.41(e)] Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. [40 CFR 122.41(c)] 3. Bvnassina 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. 4. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for excursion from permit benchmark concentrations and/or noncompliance with monitoring requirements if the requirements of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; (3) The Permittee submitted notice of the upset as required in Part III, Section E, Item (9) of this permit; and (4) The Permittee complied with any remedial measures required in Part III, Section E, Item (9) of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. Page 17 of 25 Permit No. NCG120000 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 122.410)] 2. Recording Results For each measurement or sample taken pursuant to the requirements of this general permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 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. 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. 6. Records Retention Qualitative monitoring shall be documented and records maintained at the facility. 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 Page 18 of 25 Permit No. NCG120000 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. 7. Inspection and EntrX The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. [40 CFR 122.41(i)] SECTION E: REPORTING REQUIREMENTS 1. 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 (https:Ildeg.nc.govlabout/divisions/energy-mineral-land- resources/npdes-industrial-stormwater). Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506. 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 Page 19 of 25 Permit No. NCG120000 A signed copy of Discharge Monitoring Reports (DMRs) shall be submitted to DWR Central Files (not DEMLR): Central Files Division of Water Resources (DWR) 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina's eDMR internet application for that purpose. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed copy of the computer printed eDMR to the address above. 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. 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. 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 [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)] 7. Snills 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. B. Bypass Notice [40 CFR 122.41(m)(3)]: a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. Page 20 of 25 Permit No. NCG120000 b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 9. Twenty-four Hour Renortin 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 (800) 662-7956, (800) 858-0368 or (919) 733-3300. 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)] Page 21 of 25 Permit No. NCG120000 PART IV DEFINITIONS 1. Act See Clean Water Act. 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 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. 3. 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/npdes/national-menu-best-management-practices-bmps-stormwater#edu. 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Materials Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the general permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Contaminated stormwater Stormwater that comes into direct contact with landfill wastes, the waste handling and treatment areas, or landfill wastewater as defined in this section. Some specific areas of a landfill that may produce contaminated stormwater include (but are not limited to) the open face of an active landfill with exposed waste (no cover added); the areas around wastewater treatment operations; trucks, equipment, or machinery that has been in direct contact with the waste; and waste dumping areas Page 22 of 25 Permit No. NCG120000 10. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality (DEQ), formerly the Department of Environment and Natural Resources. 11. Director The Director of the Division of Energy, Mineral, and Land Resources, and the permit issuing authority. 12. EMC The North Carolina Environmental Management Commission. 13. 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. 14. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 15. 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. 16. Landfill wastewater As defined in 40 CFR Part 445 (Landfills Point Source Category), all wastewater associated with, or produced by, landfilling activities except for sanitary wastewater, non -contaminated stormwater, contaminated ground water, and wastewater from recovery pumping wells. Landfill wastewater includes, but is not limited to, leachate, gas collection condensate, drained free liquids, laboratory derived wastewater, contaminated stormwater, and contact wash water from washing truck, equipment, and railcar exteriors and surface areas that have come in direct contact with solid waste at the landfill facility. 17. 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. One copy 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. 18. Municipal Separate Storm Sewer System (MS4) A stormwater collection system within an incorporated area of local self-government such as a city or town. 19. 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). 20. Non -contaminated stormwater Stormwater that does not come into direct contact with landfill wastes, the waste handling and treatment areas, or landfill wastewater as defined in this section. Non -contaminated stormwater includes stormwater that flows off the cap, cover, intermediate cover, daily cover, and/or final cover of the landfill. Page 23 of 25 Permit No. NCG120000 21. 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. 22. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 23. Permittee The owner or operator issued a Certificate of Coverage pursuant to this general permit. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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). 31. Stormwater Discharge Outfall (SDOI Page 24 of 25 Permit No. NCG120000 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. 32. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 33. Stormwater Associated with Industrial Activi 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. 34. Total Maximum Daily Load (TMDL). TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at https: I Ideq.nc.gov/about/divisions/water-resources/planningImodeling-assessment/tmdls. 35. Toxic Pollutant Any pollutant listed as toxic under Section 307(a) (1) of the Clean Water Act. 36. Upset An exceptional incident in which there is an unintentional and temporary excursion from permit benchmark concentrations and/or noncompliance with monitoring requirements 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, lack of preventative maintenance, or careless or improper operation. Benchmark exceedances during an upset condition shall not trigger tier response actions." 37. 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. 38. 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. 39. 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. Page 25 of 25