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HomeMy WebLinkAboutNCS000021_COMPLIANCE_20170329STORIVIVVATER DIVISION CODING SKEET PERMIT NO. c's � Z/ DOC TYPE ❑FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION Il,COMPLIANCE ❑ OTHER DOC DATE ❑ �DI'I 0� 2� YYYYMMDD NC Division of Energy, Mineral and Land Resources G` NPDES Stormwater Permit Contacts Summary L1 r NC DEMI.R has the following contact information in our Permit Database for your permit as of 3/29/2017. Permit Number: NC5000021 Permit Type: Stormwater Discharge, IndiAdual Facility Name: Charlotte Turbine Generator Service Center Facility Addressl: 5101 Westinghouse Blvd Facility Address2: / City, State & Zip: Charlotte, NC 28273 ✓/ Owner Name: Siemens Energy Inc Owner Type: Non-Goyernmeat Owner Type Group: Organization Owner Affiliation: Addressl: Address2: City, State & Zip: Work Phone: Email Address: Kevin Poet PO Box 7002 Charlotte, NC 28241-7002 704-551-5100 kevin.00et@siemens.com Title: Head of Charlotte Plant Operations V Fax: Contact Name Title Address Phone Fax Email Damon G EHS Manager jp,-� PO Box 7002, Charlotte, NC 28241-7002 704-551-5456 704-551-5395 damon.crowther@sie Crowther I mens,com Contact Name n lg Address Phone En Email Damon G EHS Manager PO Box 7002, Charlotte, NC 28241-7002 704-551-5456 704-551-5395 damon.crowther@sie Crowther mens.com ?ecmtt Contact Persons) Contact Name Title Address Phon Fax Emaii Damon G / 5Wt rl t6e/IQC 704 551 5456 704 551 5395 damon.crowther@sie Crowther / 28 72 3 �� manc ram Contact Name Title l Address Phone Fax Email Damon G EHS Manager \\ PO Box 7002, Charlotte, NC 28241-7002 704-551-5456 704-551-5395 damon.crowther@sie Crowther mens.com 3/29/2017 Page 1 NC Division of Energy, Mineral and Land Resources NPDES Stormwater Permit Contacts Summary NC DE111,11 has the followine contact inrormation in our Permit Database for your permit as of 312912017. Permit Number: NCS000021 Permit Type: Stormwater Discharge, Individual Facility Name: Charlotte Turbine Generator Service Center Facility Addressl: 5101 Westinghouse Blvd Facility Address2: City, State & Zip: Charl=, NC 28241-7002 Owner Name: Siemens Enercv Inc Owner Type: Non -Government Owner Type Group: Organization Owner Affillation: Mark A Prinale Title: Addressl; PO Box 7002 Address2: City, State & Zip: rl 41.7 Work Phone: 704-551-5100 Fax: Email Address: Contact Name I!g Address Phone E" Email Damon G PO Box 7002, Charlotte, NC 704-551-5456 704-551-5463 damon.crowther@si Crowther 28241-7002 emens.com Contact Name Iift Address Phone fax Email Damon G PO Box 7002, Charlotte, NC 28241-7002 704.551-5456 704-551-5463 damon.crowther@sie Crowther mens.com Contact Name IiIg Address Phone Fax Email Robert H 5101 Westinghouse Blvd, Charlotte, NC 704-551-5149 704-551.5582 bob.carpernter@swp Carpenter 28241-7002 c,siemens.com . Contact Name ILI a Address Phone fax Email Damon G PO Box 7002, Charlotte, NC 28241-7002 704-551-5456 damon.crowther@sie Crowther mens.com 0 3/29/2017 Page 1 1-K WA AkL � NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mark A Pringle Siemens Energy Inc PO Box 7002 Charlotte, NC 282417002 Dear Permittee: Division of Water Quality Charles Wakild, PE Director September 4, 2012 Subject: NPDES Stormwater Permit Coverage Renewal Charlotte Turbine Generator Service Center Permit Number NCS000021 Mecklenburg County Dee Freeman Secretary Your facility is currently covered for stormwater discharge under NPDES Permit NCS000021. This permit expires on 4/30/2013. To assure consideration for continued coverage under your individual permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. Enclosed you will find an individual permit Renewal Application Form, Supplemental Information request, and Stormwater Pollution Prevention Plan Certification for your facility. Filing the application form along with the requested supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you receive a new permit, please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. The application and supplement must be completed and returned to DWQ by November 1. 2012, Failure to request renewal within this time period will result in delay of your permit renewal and may result in a civil assessment. Discharge'of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding permit renewal procedures please contact Brian Lowther of the Stormwater Permitting Unit at (919)-807-6368 or brian.lowther@ncdenr.gov. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit Cc: Central Files SPU Files Mooresville Regional Office 1517 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, Nash Carolina 27604 Phone: 919-807-6300 V FAX: 919.807-6492 Internet: www.ncwalerquality.org An Equal Opportunity 1 Affirmative Action Employer One No Carolina WAM1!Y u � ,, -.� ;� r FtECEIVED C1V1$1ON OF WATER QUALITY SIEMENS July 26, 2012 Division of Water Quality Attention. Marcia Allocca 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Subject: NPDES Wastewater, #NCG500000, CoC NCG500175 NPDES Stormwater, #NCS000021 Siemens Energy, Inc. Delegation of Signatory Authorization JUL 2 9 2012 cS\Np SECTION MOOREV(LLE REGIONAL OFFICE Please accept my letter of delegation concerning submittal signatories for the campus reporting or correspondence associated with our National Pollutant Discharge Elimination System permits (NPDES). I have delegated this activity to my Environmental, Health and Safety department and the assigned technicians who are listed below. Damon Crowther, EHS Manager aot.- 0 &W Byron Miller, EHS Specialist Bill Forlines, EHS Specialist Vincent Windell, EHS Specialis Should you have any questions concerning this delegation assignment, please contact Damon Crowther at (704) 551-5456. Yours Truly, SIEMENS ENERGY, INC. Mark A. lZe Vice PresidenOtte Energy Hub r � ► Page 1 of 1 Crowther, Damon G (E F PR GN CLT CSS QM EHS) From: Crowther, Damon G (E F PR GN CLT CSS QM EHS) Sent: Friday, July 27, 2012 12:02 PM To: 'Mitchell, Jeffery G.' Subject: RE: Duly Authorized Representative Attachments: 2012072712004156.pdf Done From: Mitchell, Jeffery G. [mailto:]effery,Mitchell@mecklenburgcountync.gov] Sent: Thursday, July 26, 2012 9:00 AM To: Crowther, Damon G (E F PR GN CLT CSS QM EHS) Subject: Duly Authorized Representative You can send the paperwork to Marcia Allocco. I would recommend you do it for both the waste water (NCG500000, COC NCG5000175) and storm water (NCS000021) permit. Address: Marcia Allocca 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Sincerely, Jeff Mitchell, Environmental Specialist Charlotte -Mecklenburg Storm Water Services County Water Quality 700 North Tryon Street Charlotte, NC 28202 Office 704.336.3926 Cell 980.721.3565 Fax 704.336.4391 SENT ?SZ rat= Yy)i TCuiCLL FC9- Sl �c rr,f ro, , C> N AZ1 TI V-t.Dc+�T1Q T A r^0 NJ 7/27/2012 5 FILE FAC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretanl December 8, 2010 Mr. Damon G. Crowther, Safety and Environmental Control Officer Charlotte Turbine Generator Plant Post Office Box 7002 Charlotte, North Carolina 28241 Subject: Request for TSS Relief Permit No. NCS000021 Seimens — Charlotte Turbine Generator Plant Mecklenburg County, North Carolina Dear Mr. Crowther: This Office is in receipt of your letter dated November 19, 2010, requesting temporary relief from the benchmark value for Total Suspended Solids (TSS) as contained in the subject stormwater permit. The reason for your request is due to ongoing construction activities at the site that have disturbed areas in and around existing stormwater outfalls. Recent sampling of these outfalls has documented TSS values that have exceeded the benchmark value for this parameter which is 100 mgll. In your letter you indicated that as long as these land disturbing activities continue, there is a high probability that additional benchmark exceedances will occur until such time as the construction activities have been completed and the site stabilized. You also noted that additional sedimentation control measures have been implemented by the construction contractor to help reduce off -site sediment loss. In reviewing your request, it was noted that the ongoing construction activities are also covered by a separate construction stormwater permit (NCG010000), which you should have received when you received your sediment and erosion control plan approval from the Mecklenburg County Land Development office (MCLD). Compliance with the terms and conditions of this permit is expected during the time the site is considered to be active by MCLD staff. Although this permit does not require analytical testing, Seimens is expected to take every measure necessary to prevent sediment from ongoing construction activities to enter stormwater drainage inlets that exist in the vicinity of the construction zone. Mooresville Regional Office Location: 610 East Center Avenue, Suite 301, MooresviI#e, NC 28115 Phone: (704) 663-16991 Pax: (704) 663-60401 Customer Service: 1-877-623-6746 Internet: http://portal.ncdenr.org/webiwq NOnc orrthCaroiina An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled; l C°,c Post Consumer paper Based on our review of this request, this Office recommends that Seimens continue all analytical testing as required by the subject stormwater permit, however, the suspension of additional Tier II level monitoring is granted for TSS at outfall 005 until such time as the ongoing construction activities are complete and the area adjacent to the outfall is stabilized. If you have any questions concerning this matter, please contact Mr. Michael Parker at (704) 663-1699. Sincerely, Robert B. Krebs Regional Supervisor Surface Water Protection Section Cc: Meck County Water Quality .S11EMENS RECEIVED DIVISION OF WATER QUALITY November 19, 2010 NOV 2 4 2010 NCDENR Division of Water Quality S+rvP SECTION Surface Water Protection Section--Stormwater MOORESV,L -.s REGiONAL OFFICE 610 East Center Ave., Suite 301 Moorseville, NC 28115 REF.: Request Temporary Relief from Total Suspended Solids Benchmark Permit No. NCS000021 Mr. Robert Krebs, Environment Regional Supervisor: This letter serves to request temporary relief from the Total Suspended Solids (TSS) benchmark for Outfall (OF)-005 as currently defined in permit No. NCS000021 for the Siemens, Charlotte facility located at 5101 Westinghouse Blvd, Charlotte, NC 28273. This relief would be for the duration of the current construction project with the remainder of the benchmarks to remain in effect. During our last sampling event (reference attached memorandum) we significantly exceeded the benchmark for TSS associated with OF-005 due to construction activities. After review of the sample report, Blythe Development Co. personnel in concert with Siemens EHS personnel inspected and immediately implemented additional control procedures for this location. These controls were in place and inspected on 11/19/2010. Additionally, Mr. Adam Desforges, Blythe Superintendent, reviewed these controls with Charlotte -Mecklenburg regulators who have concurred with our efforts. This request comes as the result of conversations and coordination with Mr. Michael Parker, Environmental Engineer, SWP. Please call or email if further clarification is required. Sincerely, QIEMENS ENERGY, INC. (�,� Q . Damon G. Crowther Site Safety and Environmental Control Officer Charlotte Turbine Generator plant Enclosure(s) Tier One Memorandum for Record dated 11/10/2010 as submitted Facility Drainage Map Facility Outfall Map SliMENS November 10, 2010 NCDENR Division of Water Quality Surface Water Protection Section—Stormwater REF.: MEMORANDUM for Year 3-Period 1 Sampling Event on 10/14/2010 Permit No. NCS000021 To Whom It May Concern: This letter serves as notification of our Tier One efforts associated with Total Suspended Solids (TSS) benchmark exceedance during our sampling event on October 14t", 2010 concerning Outfalls (OF) 005, 007, and 009. Please reference the Storm Water Compliance and Industrial Observations report date October 14, 2010—S&ME Project No. 1356-10-001. All three outfalls have been adversely affected by the ongoing construction projects with an explanation for each below: OF-005 benchmark 100 mg/I: actual 410 mgll OF-005 is located at the base of the spray pond dam and immediately adjacent to a haulage road used by heavy construction equipment. The actions below have been agreed upon between Blythe Construction and Siemens on 11/09/2010 with a completion date of 11/19/2010. 1. Distribute rip-rap/gravel on the east side of the haul road to stabilize the surface and prevent further collapse as well as protect the culvert and provide a small level of filtration. 2. Cover the concrete drain collection box at the base of the dam associated with OF-005. 3. Install "waddles" downstream of the OF-005 collection box to provide sedimentation filtration. 4. Install erosion fencing along the base of the dam, west side of the road and north of the pond outlet Additionally, we are discontinuing monitoring of this location as it is not representative of our current industrial activities. We will resume monitoring after completion of construction activities and restoration of the haul road and surrounding environs. OF-007 benchmark 100 mg/I: actual 100 mgll OF-007 is now associated with a small parking lot and the final grading and soil stabilization had not,been completed. All final grading has been completed and grass has taken root with associated hay covering as of 11/10/2010. OF-009 benchmark 100 mgII: actual 130 mgll At the time of the sampling event logging operations and soil core sampling were being conducted around OF-009. This outfall has since been retired as it is geographically in the middle of the primary construction zone. Please reference the associated letter of intent dated July 16, 2010 in your files for our facility. i, �4 Chain of events Stormwater compliance observation 10/14/2010 Report receipt by Siemens 11/03/2010 Report review by Siemens 11 /08/2010 Site inspection and action item coordination 11/09/2010 Completed by Damon Crowther (Siemens) and Adam Desforges (Blythe) Action item implementation 11/19/2010 (expected) Additionally, Siemens has requested that Blythe Development Co. review their construction stormwater permit for further actions and documentation. Please call or email if further clarification is required. Sincerely, SIEMENS ENERGY, INC. Damon G. Crowther Site Safety and Environmental Control Officer Charlotte Turbine Generator plant Enclosure(s) None ^.SIEMENS v� � m NCDENR North Carolina Department of Environment and Natural Resources Division of Water Duality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 16, 2010 Damon Crowther Siemens Energy, Inc. Charlotte Turbine Generator Service Center PO Box 7002 Charlotte, NC 28241-7002 SUBJECT, Delinquent Annual Fees Permit Number NCS000021 Charlotte Turbine Generator Service Center Mecklenburg County Dear Mr. Crowther: Dee Freeman Secretary AUG 19 201D All NPDES permittees must pay an Annual Compliance Monitoring Fee. This requirement is documented in your current permit in Part V (*or, in the case of Mining Activities, Part VI). As of the date of this letter, fees for your facility have not been paid. The total amount presently owed is $715.00. Please return your payment to the address listed below by September 16, 2010. In addition, please be advised that failure to pay the annual fee is grounds for revocation of your permit, as documented at 15A NCAC 2H.0105 (b)(4). This letter serves as notice that the Division will refer uncollected fees to the North Carolina Attorney General's Office for collection through the courts unless payment in the amount of 7$ 15.00 is received by September 16, 2010. Further enforcement'action [ including the revocation of the permit, imposition of civil penalties, and notification of the county health department] may also occur if the fees remain unpaid. Make checks payable to NC DENR, include the permit number on the check, and send the fee payment to: Fran McPherson Annual Administering and Compliance Fee Coordinator 1617 Mail Service Center Raleigh, NC 27699-1617 If you have questions regarding this matter, contact me at (919) 807-6377 or Niki Maher at (919) 807- 6367. Sincerely, John Hennessy Nonpoint Source Assistance & Compliance Oversight Unit Supervisor. cc: DWQ Central Files DWQ Mooresville Regional Office- Surface Water Protection Section DWQ NPSACOU file 1617 Mall Service Center, Raleigh, North Carolina 27699.1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NorthCarohna Phone; 919 807-63001 FAX 919 807.64951 www.ncwaterquality.org An Equal Opportun4y/Affirmative Action Employer — 50% Recycled/10%. NaturallyPost Consumer Paper L SI;EMEN5 July 16, 2010 NCDENR Division of Water Quality Surface Water Protection Section—Stormwater Robert Patterson, DWQ Raleigh Michael Parker, DWQ Mooresville . REF.: REQUEST FOR OUTFALL CHANGE FOR STORMWATER PERMIT NCSOti�ti'02'� Dear Sirs: This letter serves as notification of our intent to remove Outfall 009 (OF 009) from our stormwater monitoring under permit NCS000021 as well as our Stormwater Pollution Prevention Plan. We will be expanding our current facility and OF 009 which drains from the southwest corner of our employee parking lot will be destroyed as this area will become a new 388,000 sq. ft. factory building. Outfall 002 may be impacted at a later date pending final construction planning and grading for which we will keep you informed. -We anticipate that this construction will last until late 2012 at which time we will update our plan appropriately. Additionally, please reference the letter dated 12 February, 2009 which established OF 009. Please call or email if further clarification is required. Sincerely, SIEMENS ENERGY, INC. '. '. �. N k Damon G. Crowther Site Safety and Environmental Control Officer Charlotte Turbine Generator plant 19@C 0dG 1i JUL r 6 2010 Enclosure(s) 1. Map: Area Surface Drainage and Stormwater Sampling Locations 2. 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SAMPLING 11 •RMWATER •• � 1 1 1• �'SAMPLING LOCATIONS OpA • F F a o?aRgR9�a� *�RAIr� a :�sa say ae IN If I If €r lip B ®©® 0(2) ®® fl0®m� • 1 � I J u - r 7Mii�^ � I�it Jj f L ®R l ®� m®O®00©000000®®OhiOOpp®C�i®O®®©®®G3©�El®O®®®m®O® O®O©®O®O@(�©�00000000 oil oil FAOUrt iewTRUL�Aclml+.lW! �i�f *88ME SIEMENS � � , �.....m.,... CIu�:♦Y}r� MCMM 4M�A 10 M11 In•Nd � �' V �,.,;' � �} f , � 1 • 1 M� SUSTAINABLE STRATEGIES FOR GLOBAL. LEADERS March 23, 2010 Mr. Damon G. Crowther Siemens Energy, Inc. Post Office Box 7002 Charlotte, North Carolina 28241-7002 Subject: WATER QUALITY ASSESSMENT Siemens Energy, Inc. Site 5101 Westinghouse Boulevard Charlotte, Mecklenburg County, North Carolina Delta Project No.: 5EO909179P D E LL `r A Dear Mr, Crowther: Delta Consultants (Delta) is pleased to provide this report summarizing the water quality study conducted at the above - referenced facility. The scope of work for this project was provided in Deltas Environmental Consulting Services Proposal dated December 14, 2009 and consisted of collecting water samples for laboratory analysis of copper. Composite water samples were collected over a period of four days (four separate composite samples) from the pump house filter back flush discharge and from the cooling spray pond discharge. BACKGROUND Siemens Energy, Inc. (SEI) extracts water from Wither's Cove of Lake Wylie at a rate of 3,500 gallons per minute (gpm) through a pump house located adjacent to the cove. On a daily basis at approximately noon, the filters of the pump house are back flushed to clean them" of sediment, rock, and organic debris pumped from the lake and captured by the filters. This process helps to extend the working life of the pumps. The water used for the back flush is extracted directly from the lake and subsequently discharged to the lake untreated. Additionally, the water Extracted from the lake passes through the facility power house for use in HVAC chillers as needed (dependent on facility heat load) and is then discharged untreated to the cooling spray pond. This loop has a continuous flow of 3,500 gpm regardless of whether the chillers are operating. Makeup water for the facility boiler, cooling water tower, non - potable uses, and process cooling water is extracted and treated as needed for each usage requirement. Any blowdown water from these processes is discharged to the sanitary sewer per the existing permit with Charlotte -Mecklenburg Utilities Department, 8008 CORPORATE CENTER DRIVE SUITE 100 - CHARLOTTE, NORTH CAROLINA 26226 USA lnogen' PHONE 704.541.9890 / 800.477.7411 FAx 704,543.4035 www.DELTAENVC0M rnrinn�n.enul ALinier - I Water Quality Assessment Siemens Energy, Inc. Site Charlotte, North Carolina March 23, 2010 Page 2 of 4 The cooling spray pond subsequently discharges into Wither's Cove of Lake Wylie. Mecklenburg County Land Use and Environmental Services (MCLUES) conducted a water quality study of Withers Cove of Lake Wylie. The MCLUES sample locations are presented on Figure 1. Composite and grab samples collected by MCLUES were analyzed for several inorganics including copper according to EPA Method 200.8. Based on the laboratory analytical results, two water samples collected from near the apparent pump intake area within Withers Cove and cooling spray pond discharge exhibited copper in concentrations above the North Carolina Department of Environment and Natural Resources, Division of Water Quality, Surface Water Quality Standard (NCAC 2B Standard) of 7.0 micrograms per liter (µg/L). The filter back flush sample location is a trench within the pump house situated along the lake shoreline west of the main plant facility. The cooling spray pond discharge is located south of the plant facility on the western end of the pond (Figure 1), Photographs of the sampling locations are presented in Appendix A. The sampling protocol is presented below. SAMPLING PROTOCOL Filter Back Flush Composite Sampling Delta collected composite samples from the back flush trench (Appendix A, Photograph 1 and 2) within the pump house during the 15 minute daily back flush of the filters. Three 500 milliliter (mL) aliquots were collected at five-minute intervals 'over the 15-minute cycle. The aliquots were then manually composited into a single composite sample. Composite samples were collected daily from February 9, 2010 through February 12, 2010. Cooling Spray Pond Discharge Composite Sampling Delta used an ISCOa 3710C Compact Sampler placed at the cooling spray pond discharge to collect composite samples over a 24-hour period (Appendix A, Photograph 3 and 4). The sampler was programmed to collect 100mL aliquots once every hour into a 2.5-gallon polyethylene bottle. The sampler was started on February 8, 2010 and composite samples were collected daily beginning on February 9 through February 12, 2010. The samples collected on February 9 and February 10 were not 24-hour composites because the battery that powered the Compact Sampler lost voltage -due to cold overnight temperatures and the sampler was unable to collect all of the scheduled aliquots. The composite sample collected from February 9 consisted of 14 of the 24 scheduled aliquots and the composite sample collected from February 10 consisted of 22 of the 24 scheduled aliquots. The battery was replaced and the sampler collected all the aliquots scheduled from the remaining sample dates. The composite water samples collected from the filter back flush discharge and cooling spray pond discharge were submitted to Pace Analytical Services, Inc. (Pace) of Huntersville, North Carolina for analysis for total and dissolved copper using Inductively Coupled Plasma/Mass Spectrometry (ICP/MS) according to EPA Method 6020. Pace filtered the dissolved composite samples under laboratory conditions to remove any suspended sediments. Water quality field parameters were collected while sampling at both locations to evaluate pH, temperature, dissolved oxygen, specific conductivity, turbidity, total dissolved solids, and 0 Water Quality Assessment Siemens Energy, Inc. Site Charlotte, North Carolina March 23, 2010 Page 3 of 4 oxidation reduction potential using a Horiba Model U-22 water quality meter. The Horiba was calibrated each day prior to sample collection. The surface water sample field readings are summarized in Table 1, LABORATORY ANALYTICAL RESULTS The laboratory analytical results of the samples collected by MCLUES and by Delta are presented in Table 2 and are summarized below. The laboratory analytical reports and chain of custody records for the water samples collected by Delta are contained in Appendix B. MCLUES Samples Composite water samples collected by MCLUES from July 2008 to July 2009 at location LW10 exhibited total copper concentrations ranging from 3.3 µg/L to 6A µg/L. Grab water samples collected from locations identified as Upper, Middle, Lower, Intake, Intake Spillout, and Cooling Pond exhibited total copper concentrations ranging from 3.1 pg/L to 9.9 pg/L. Concentrations of total copper reported from three grab samples (Intake, Intake Spillout, and Cooling Pond) exceeded the NCAC 2B Standard of 7.0 µg/L. No composite or grab water samples collected by MCLUES were submitted to the laboratory (CMU-Environmental Laboratory Services) for analysis of dissolved copper. The MCLUES sampling locations are presented en Figure 1. Delta Samples - Cooling Spray Pond Discharge The composite water samples collected from the cooling spray pond discharge exhibited total copper concentrations ranging from 5.6 pg/L to 7.8 pg/L (an average concentration of 6.38 pg/L). Dissolved copper concentrations ranged from 3.7 pg/L to 5.6 pg/L (an average of 4.35 pg/L). Only the initial composite sample collected from the cooling spray pond discharge on February 9, 2010 exhibited a total copper concentration of 7.8 mg/L, slightly above the NCAC 2B Standard. However, the dissolved copper concentration for the composite water sample (5.6 �tg/L) was below the NCAC 213 Standard. Delta Samples — Filter Back Flush Discharge The composite water samples collected from the filter back flush discharge exhibited total copper concentrations ranging from 4.6 pg/L to 9.1 pg/L (an average concentration of 5.88 pg/L). Dissolved copper concentrations ranged from 3.1 pg/L to 3.3 pg/L (an average of 3.13 pg/L). Only the initial composite sample collected from the filter back flush discharge on February 9, 2010 exhibited a total copper concentration of 9.1 mg/L, slightly above the NCAC 2B Standard. However, the dissolved copper concentration for the composite water sample (3.0 µg/L) was below the NCAC 213 Standard, CONCLUSIONS Only two of the eight composite water samples collected at the SEI site during the course of this study, exhibited total copper concentrations slightly above the established NCAC 213 Standard of 7.0 �Lg/L. Both samples were collected on February 9, 2010, the first day samples were collected for laboratory analysis. Based on a review of the field readings collected on that day, pH measurements represented the lowest values reported during the sampling event M Water Quality Assessment Siemens Energy, Inc. Site Charlotte, North Carolina March 23, 2010 Page 4 of 4 (i.e. more acidic) while turbidity values were the highest. In addition, dissolved copper concentrations detected in the water samples collected on February 9; 2010, indicate that suspended colloidal material (i.e. sediment, organic debris) was present in the water samples and likely resulted in a "false positive" indication of copper impact. Based on the laboratory analytical data, field measurements, and our conclusions, Delta does not recommend conducting additional sampling or analytical testing at the water discharge locations investigated as part of this study. It is not apparent that discharges from the cooling spray pond and filter back flush are adversely impacting the water quality of Withers Cove of Lake Wylie. Sincerely, DELTA CONSULTANTS Na ha n J 'Leary Project Scientist ,Tohn D. Reuscher, P.G. Project Manager TABLE 1 SURFACE WATER FIELD READINGS SIEMENS ENERGY, INC CHARLOTTE, NORTH CAROLINA DELTA PROJECT NUMBER: 5EO912470P Sample i.D.: Cooling Pond Composite Filter Backwash Composite Sample Date: 2/9/2010 2/10/2010 2/11/2010 2112/2010 2/912010 2/10/2010 2/11/2010 2/12/2010 Constituent Emits pH SU 5.41 6.08 5.98 6.06 5.71 624 5.89 6.69 Temperature °C 12.66 11.49 12.27 10.86 8.85 8.89 10.33 10.45 Dissolved Oxygen m 1L 10.94 11.22 10.4E 10.88 12.03 10.63 9.37 11.27 Specific Conductivity MS/cm 0.048 0.058 0.071 0.063 0.046 0.057 0.051 0.057 Turbidity NTU 61.4 43.7 45.9 37.2 77.2 27.3 36.9 31.3 Total Dissolved Solids m L 0.03 0.04 0.05 0.03 0.03 0.04 0.03 D.04 Oxidation Reduction Potential my 204 264 228 198 196 228 238 207 NOTES: SU = Standard Units °C = Degrees Celsius mg1L = Milligrams per Liter mSlcm = Milliseimens per Centimeter NTU = Nephelometric Turbidity Units my = Millivolts _A 0 TABLE 2 SURFACE WATER LABORATORY ANALYTICAL RESULTS SIEMENS ENERGY, INC CHARLOTTE, NORTH CAROLINA DELTA PROJECT NUMBER: 5EO912470P Constituent: Copper Copper, Dissolved NCAC-2B: 7 7 Units: IL /L Sample I.D.: Sample Date; Sample Type: Cooling fond Composite' 2/9/2010 Composite 7.8 5.6 2/10/2010 Composite 6.1 4.3 2/11/2010 Composite 6.0 3.7 2/12/2010 Cam osite 5.6 3.8 Average Concentration 6.38 4.35 Filter Back Flush Composite' 2/9/2010 Composite 9.1 3.0 2/10/2010 Composite 4.6 3.3 2/11/2010 Composite 5.1 3,1 2/12/2010 Cam osite 4.7 3.1 Average Concentration 5.88 3.13 LW102 7/24/2008 Composite 6.1 -- 4/8/2005 Composite 3,3 -- 7/17/2009 Composite 4.6 - 7/21/2009 Composite 3.7 -- UPPER2 4/29/2009 Grab 3,3 -- MIDDLE' 4/29/2009 Grab 3.3 -- LOWER 2 4/29/2009 Grab 3.6 -- INTAKE 2 4/8/2009 Grab 7.4 -- 4/29/2009 Grab 3.1 -- Intake S illout2 8/5/2009 Grab 8.0 -- Coolin Pond2 6/17/2009 Grab 9.9 -- NOTES: Results in Bold exceed applicable action limits NCAC-213 = North Carolina Surface Water Quality Standard pg/L = Micrograms per Liter -- = Not Analyzed 1 = Samples collected by Delta Consultants for analysis according to EPA Method 6020 (ICPIMS) 2 = Samples collected by Mecklenburg County for analysis according to EPA Method 200,8 I 411^', 1 y1., ! k#' !s '�jry�'j ilr 1 Sf�' r`,.+ _ ••' € °` yysy�..a.y� +�;'Y w !r r" r �� '`e � S _.41I.� rf��tl;Er�3 ,• as r e� "h F r 4e • � ,�'�'� r "4'� .y(.`IrY KAOm Yi MC �Iy�'���,1. ��'��F �s Jfe ltal' v IL�� gay 'd td i P'lS�: ! e1 i�S,8. �8.'e TlYti � �` y k ���®®��_ x'k tC"• E., 3..' � a } I's :Ake v 4ji 1 �r �'�°�� ��5 ���r � .s !��"d ,° 1 � �, k L:vy� t e ��' � .J e °� � � ° •� ' i ��iL�� f �• r yLs � h ' s //raj' �`;. x 1 �� �y, X��,,,.{, � d j)); E ,j +y`�� �E,ql�'/ - _ .[' r �f �, �� r � :f� �E 1'L 4%i+✓,;>n. � tl�s�'18'MF �", �Jy""� V Y♦ R S a¢�'�' Ii..'j1E I + pgyt� a@ i • . ee}.}„ 1' Cooling ' f - ' i_: 1 `+')�"E'� ERy +'+1 •,1 i f l '4 + a'' r 6 S Pond '0 4j ^• b n t F E t y r a r _ '� 1 a a [ + r to � '4 i � � t e� � I � r r�Y • ` f,P a � i E � ,ey>, .. f ZY (i [( `�' ii�e �1 � a� S i f.r,. � Y r1�0 � � + � t 1 �? � d �^ e r �CS% � r� J�a �� � i•'�J •� yp L 1. � i k \ ` x 11V'1» i 9 M Appendix A Siemens Energy, Inc. Site Photographs February 2010 Delta Project No: 5EO912470P Page 1 of 2 1 f ' • Page 2 of 2 Appendix A Siemens Energy, Inc. Site Photographs February2010 Delta Project No:,5EO91'2470P APPENDIX B LABORATORY ANALYTICAL REPORTS AND CHAIN OF CUSTODY RECORDS APA Il CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor - Director March 18, 2009 Mr. Damon G. Crowther Siemens Energy, Inc. PO Box 7002 Chrlotte, NC 28241 Dear Mr, Crowther: Dee Freeman Secreta ry Subject: Permit No. NCS000021 Siemens Energy, Inc. Formerly Siemens Power Generation, Inc. Mecklenburg County Division personnel have reviewed and approved your request to change your name under the individual permit, received on November 18, 2008. Please find enclosed the revised,permit cover page. The terns and conditions contained in the permit remain unchanged and in full effect. If you have any questions, please contact the Stormwater Permitting Unit at (919) 807-6303. Sincerely, 4/z� for Coleen H. Sullins cc: DWQ Central Files Mooresville Regional Office Stormwater Permitting Unit Mecklenburg County Wetlands and Slormwaler Branch 1617 Marl Service Center, Raleigh, North Carolina 27699.1617 Location' 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807.6300 i FAX: 919-807-6494 i Customer Service: 1-877-623.6748 Internet: www.ncwaterquality.org Vg 2 5 7Pn9 NorthCarolina An Equal Opportunity 1 Affirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT NO. NCS000021 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIIMINATION SYSTEM In compliance with the provision 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, SIEMENS ENERGY, INC. is hereby authorized to discharge stormwater from a facility located at CHARLOTTE TURBINE GENERATOR PLANT 5101 WESTINGHOUSE BLVD. CHARLOTTE MECKLENBURG COUNTY to receiving waters designated as Lake Wylie, a class WS-V B stream, in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V, and VI hereof. This permit shall become effective March 18, 2009 This permit and the authorization to discharge shall expire on October 31, 2013 Signed this day March 18, 2009 for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission WAT�R Michael F. Easley, Governor O� QGy State of North Carolina William G. Ross, Jr., Secretary F ^ Department of Environment and Natural Resources pColeen H Sullins, Director Division of Water Quality May 1, 2008 Mr. Robert H. Carpenter, P.E. Siemens Power Generation Inc. P.O. Box 7002 Charlotte, North Carolina 28241-7002 Subject: Minor Modification of NPDES Stormwater Permit Permit No. NCS000021 Charlotte Turbine Generator Plant Mecklenburg County Dear Mr. Carpenter: In response to your comment about a typographical error in the analytical monitoring schedule on the final NPDES stormwater permit NCS000021 renewed on April 21, 2008, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES permit with minor modifications. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated October 15, 2007 (or as subsequently amended). This minor modified permit includes no major changes from the final permit sent to you on April 21, 2008. The typographical errors have been corrected in the Start date year for Sample numbers 2, 4, 6, 8, and 10. PIease take notice this permit is not transferable. Part III, 13.2. addresses the requirements to be foIIowed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions or comments concerning this permit, contact Robert Patterson at (919) 733-5083 x 360 or robert.patterson©ncmail.net. 50%67 1- SIGNED BY BRADLEY BENNETT for Coleen H. S s ' e tD cc: Mooresville Regional Office, Water Quality Section Mike Mitchell, EPA Region IV Mecklenburg County DEP MAY 6 24$ Stormwater Permitting Unit Central Files NC DENR MR4 Attachments DW&Surface Water Protection North Carolina Division of Water Quality (919) 733-7015 1617 Mail Service Center FAX (919) 733-0719 Raleigh, North Carolina 27699-1617 On the Internet at http://h2o.ehr.state.nc.us/ NCS000021 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Siemens Power Generation Inc. is hereby authorized to discharge stormwater from a facility located at Charlotte Turbine Generator Plant 5101 Westinghouse Blvd. Charlotte, NC Mecklenburg County to receiving waters designated as Lake Wylie, a class WS-V, B stream in the Catawba River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I,11, III, IV, V and VI hereof. This permit shall become effective May 1, 2008. This permit and the authorization to discharge shall expire at midnight on April 30, 2013. Minor modification made and signed this I" day of May, 2008. ORIGINAL SIGNED BY 13RADLEY BENNEIT for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000021 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map 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: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL 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 Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 0 Permit No. NCS000021 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D:. Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry _ Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass ' 8.' Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING .AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000021 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the .permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 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 Certification must submit a No Exposure Certification 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 reapply for the No Exposure Exclusion once every five (5)-years. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this individual • permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 r ' SECTION C: LOCATION MAP Permit No. NCS00002 1 M d /j 1. .5�•,iZ��� i rife eW Nt I I� NCS000021 N t t r s ii �'TT' '4s'u fJ(((+,i y�,` Y ♦ ynv!'s .� nab '¢. g z:f `\, .Ms. � r��§ t niy�ti�7�pf�t �I" t C J S Ai41 i 5.1Yrywn �Ss �4, .� I th' 3 '�'{/ `a,,•l iJ w+Yww+++'YSS � -f•/� l � �3 �� '� r IJ TS Charlotte Turbine Generator Plant ..r r �f w ra �1 1li�s; j tillIr Slemens Power Generation Inc. Charlotte Turbine Generator Plant Latitude: 350 08` 2811 N Longitude: 800 59' 34" W Recelving Stream: Catawba River (Lake Wylie) Stream Class: WS-V, B Sub -basin: 03-08-34 (Catawba River Basin) Facility Location Part I Page 2 of 2 Permit No. NCS000021 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan 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 plan shall contain the following: a. A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. The map should identify whether each receiving water is impaired (on the state's 303(d) List of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. North Carolina's 303(d) List -can be found here: http://h2o.enr.state.ne.us/tmdl/General_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.cnr.state.nc.us/tmdVrMDL_list.htm#Final_TMDLs b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. C. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Site property boundary and topography (3) Location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas) (4) Drainage features and structures (5) Stormwater discharge points (outfalls) (6) Delineated drainage areas for each outfall (7) Drainage area for each outfall in acres and percentage or each drainage area that is impervious (8) All on -site and adjacent surface waters and wetlands (9) Building locations Part II Page 1 of 10 Perrnit.No. NCS000021 (10) Existing BMPs and impervious surfaces d. A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalis have been evaluated for the presence of non- stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part Ill, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. - b. Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid. materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices which shall be secured closed with a locking mechanism, and any stormwater that accumulates in the containment 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 the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five (5) years. C. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of the potential of pollutant sources to contribute Part 11 Page 2 of 10 Permit No. NCS000021 significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility., Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil SPCC. plan 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 program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Employee Training. Training schedules shall be developed and training provided at a minimum on an -annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater. Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan -shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. Part I1 Page 3 of 10 Permit No. NCS000021 8. Facility Inspection Program. Inspections of the facility and all stormwater systems shall occur at a minimum on a semi-annual schedule, once during the first half of the year (January through June) and once during the second half (July through December), with at least 60-days separating inspection dates (unless performed more frequently). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II of this permit. 9. Implementation. The permittee shall implement the Plan. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. Part I I Page 4 of 10 Permit No. NCS000021 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 representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall.(SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Table 1. Analytical Monitoring Requirements Discharge Characteristics Units Measurement Frequencyt `Sample T e2 Sample Location3 Total Nitrogen m IL semi-annual Grab SDO Total Suspended Solids m /L semi-annual Grab SDO Oil and Grease m /L semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain Gauge - Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Tahle 2 for schedule of monitoring periods through the end of this permitting cycle. 2 if the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part 11 Page 5 of 10 Permit No. NCS000021 The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule Monitoring period' . ,' Sample Nu'"tuber " Start '`' , "' End Year 1 — Period 1 1 May 1, 2008 October 31, 2008 Year 1 'Period 2 2 November 1, 2008 April 30, 2009 Year 2 — Period 1 3 . May 1, 2009 October 31, 2009 Year 2 — Period 2 4 November 1, 2009 April 30, 2010 Year 3 — Period 1 5 May 1, 2010 October 31, 2010 Year 3 — Period 2 6 November 1, 2010 April 30, 2011 Year 4 — Period 1 7 - May 1, 2011 ' October 31, 2011 Year 4 — Period 2 8 November 1, 2011 April 30, 2012 Year 5 -- Period 1 9 May 1, 2012 October 31, 2012 Year 5 — Period 2 10 November 1, 2012 April 30, 2013 Footnotes: I Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual monitoring until the renewed permit is issued. 2 If no discharge occurs during the sampling" period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Monitoring results shall be compared to the benchmark values in Table 3. The benchmark values in Table 3 are -not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical'Monitoring Discharge Characteristics Units Benchmark Total Nitrogen mg/L 30 Total Suspended Solids mg/L 100 Oil and Grease mg/L 30 pH standard 6-9 Part 11 Page 6 of 10 Permit No. NCS000021 Tier One If: The sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at anX outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two If: During the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive). Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for all parameters at that outfall. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part II Page 7 of 10 Permit No. NCS000021 During the term of this permit, if the sampling results exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, DWQ may: • Require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stonmwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. This site discharges to impaired waters experiencing problems with nutrients. If a Total Maximum Daily Load (TMDL) is approved for this segment of Lake Wylie, the permittee may be required to monitor'for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in defermining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part II Page 8 of 10 Permit No. NCS000021 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, and during the analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequcncyt Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Sus ended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permitee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance Part II Page 9 of 10 Permit No. NCS000021 areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Unit s casurement F re ucnfc l `" Sample T' e2 pile .. Location "n H standard semi-annual Grab SDO Oil and Grease m /l semi-annual Grab SDO Total Suspended Solids mg/1 semi-annual Grab SDO Total Rainfali4 inches semi-annual Rain gauge New Motor Oil Usagegallons/month semi-annual Estimate - 'Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paper ork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 1 If the stornwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analyrtical Monitoring Discharge. Characteristics Units Benchmark pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L7F7 100 Part II Page I0 of 10 Permit No. NCS000021 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The penmittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance, New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this 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 individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time pfovided in the regulations that establish these standards or prohibitions, even ifthe permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($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. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302,.306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $1 1,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class Il violations are not to exceed $11,000 Part II I Page I of 8 Permit No. NCS000021 per day for each day during which the violation continues, with the maximum amount of any Class If penalty not to exceed $137,500, 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or,penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. • PropertyRights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. ' 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 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 individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part III Page 2 of 8 Permit No. NCS000021 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS I. Individual Permit Expiration The permittee is not authorized to -discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal. at least 180 days prior to expiration, or any permittee that does not have a permit after the bxpiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. Transfers This permit is not transferable to any person except after notice to and approval by the Director, The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual 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 employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if 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. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; PartIII Page 3 of 8 Permit No. NCS000021 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. c. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification. Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS l . Proper Operation and Maintenance The permittce shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance'also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: Part III Page 4 of 8 Permit No. NCS000021 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 permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recordina Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 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. Part III Page 5 of 8 Permit No. NCS000021 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are, substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E; REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by 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 six-month sampling period, giving alt required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. Part I l l Page 6 of 8 Permit No. NCS000021 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availabilily of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharaes If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Chanaes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting 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 PartI1 I Page 7 of 8 Permit No. NCS000021 anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are, submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information._ Part III , Page 8 of 8 NCS000021 PART 1V LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is. the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best ManajZement_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. Parts IV, V and VI Page l of 5 Permit No. NCS000021 5, Bypass A bypass is the known diversion of stormwater from any portion of a stonmwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Divvision or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority 10, EMC The North Carolina Environmental Management Commission. 11, Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No -Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, Part VI Page 2 of 5 Pages t, Permit No. NCS000021 industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § I22.26(g). 16. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. 17. Permittee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 20. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status, Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 21. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include wastewaters utilizing any type of detergent or cleaning agent. 22. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: Part VI Page 3 of 5 Pages Permit No. NCS000021 (1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous. substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 25. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) ofCERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 26. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 3 l l of the Clean Water Act (Ref: 40 CFR 1.10.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall.or as a result of snowmelt. 28. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design stone information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part VI Page 4 of 5 Pages Permit No. NCS000021 31. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 32. Total Maximum Daily Load (-TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 35. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 36. Visible Sedimentation Solid particulate matter, both mineral,and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 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. Part VI Page 5 of 5 Pages SIEMENS August 21, 2008 RECEIVED AUG 2 2 2008 NC DENR MRO Mr. Michael Parker M-Surface Water Protection Mooresville Regional Office Surface Water Protection 610 East Center Ave., Suite 301 Mooresville, NC 28115 Re: Siemens Power Generation, Inc. — 5101 Westinghouse Boulevard, Charlotte, NC: Notification of Discharge Report Dear Mr. Parker: I am writing on behalf of Siemens Power Generation, Inc. ("Siemens"), which is the owner of the Turbine Generator Service Center located at 5101 Westinghouse Boulevard in Charlotte, North Carolina (the "Site"). At approximately 3:00 p.m. Monday, August 18, 2008, Siemens' attorneys, Benne Hutson and Amanda. Short of McGuireWoods LLP, gave you notice that Siemens had discovered a release of oil to surface waters at the Site at approximately 1:30 p.m. Monday, August 18"'. This notice was given within 24 hours of discovery of the release in accordance with Section 143-215.85 of the North Carolina Oil Pollution and Hazardous Substances Control Act. The following provides the information for a Notification of Discharge Report as required by the UST Section Guidelines for the Investigation and Remediation of Contamination from Non-USTPetroleum Releares (Effective July 1, 2001). Date and time of discovery. August 18, 2008 at approximately 1:30 p.m. 2. Phone number of person to be contacted concerning the release. Bob Carpenter at (704) 551-5149. 3. Responsible party's„name, addres& location, phone number, and directions to site. Siemens Power Generation, Inc. 5101 Westinghouse Boulevard, Charlotte, North Carolina Bob Carpenter: (704) 551-5149 Siemens Power Generation, Inc. P.O. Box 7002 Charlotte, NC 28241 -e . 1( August 21, 2008 Page 2 Directions: Take I-77 South to Westinghouse Boulevard. Turn right. Take Westinghouse Boulevard until it ends. The Siemens' plant is on the left. 4. Nature of release: type of substance released, quantity released and source of release, Failure of a heat exchanger used to cool the lubricating system of our Vacuum Spin Test Facilities resulted in oil entering the cooling water return system, which then released oil to the surface waters of the spray pond on site. Discharge waters from the spray pond carried the surface oil to Withers Cove on Lake Wylie where it was contained. The substance released was identified as Mobil DTE Oil Light, a light amber lubricating oil. The quantity of oil released is estimated to be 300 gallons Document the presence of free „product (if known). There was a visible sheen of oil on surface waters. 6. State how the release was discovered (e.a.. odors, sample results, staining, etc. Siemens discovered a visible sheen of oil on surface waters. 7. Document the action taken to stop the release. Upon discovery of the oil spill, the cooling system associated with the Vacuum Spin, which was believed to be the source of the oil, was shut down. HEPACO was called to remove the oil from surface waters. HEPACO arrived at the site at approximately 3:10 p.m. (1 hour and 40 minutes after the release was discovered). 8. Document the number of water suppll wells within 1,500 feet of the release. We are not aware of any water supply wells within 1,500 feet of the release. 9. An-y other relevant information _pertaininp, to the release or suspected release. None. 10. Latitude and longitude of release with a„precision level within 1 minute. 35°08'42"N, 80°59'32"W Yh x 'r 4 August 21, 2008 Page 3 If you have any questions or issues we need to discuss further regarding this letter please do not hesitate to call me at (704) 551-5149. 1 can also be reached by e-mail as follows: bob. ca nter siemens.com Sincerely, SIEMENS POWER GENERA Robert H. C pent r P. Site Envir menta WAr�C� Michael F. Easley, Governor 0� 0= pGy State of North Carolina C William G. Ross, Jr., Secretary F� Department of Environment and Natural Resources pColeen H Sullins, Director Division of Water Quality May 1, 2008 Mr. Robert H. Carpenter, P.E. Siemens Power Generation Inc. P.O. Box 7002 Charlotte, North Carolina 28241-7002 Subject: Minor Modification of NPDES Stormwater Permit Permit No. NCS000021 Charlotte Turbine Generator Plant Mecklenburg County Dear Mr, Carpenter: In response to your comment about a typographical error in the analytical monitoring schedule on the final NPDES stormwater permit NCS000021 renewed on April 21, 2008, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES permit with minor modifications. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated October 15, 2007 (or as subsequently amended). This minor modified permit includes no major changes from the final permit sent to you on April 21, 2008. The typographical errors have been corrected in the Start date year for Sample numbers 2, 4, 6, 8, and 10. Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions or comments concerning this permit, contact Robert Patterson at (919) 733-5083 x 360 or robert.patterson®ncmail.net. SbNWAL SIGNED BY BRADLEY BENNETT for Coleen H. SuIlins, Director cc: Mooresville Regional Office, Water Quality Section Mike Mitchell, EPA Region IV Mecklenburg County DEP . Stormwater Permitting Unit Central Files Attachments North Carolina Division of Water Quality (919) 733-7015 1617 Mail Service Center FAX (919) 733-0719 Raleigh, North Carolina 27699-1617 On the Internet at http://h2o.enr.state.nc.us/ NCS000021 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Siemens Power Generation Inc. is hereby authorized to discharge stormwater from a facility located at Charlotte Turbine Generator Plant 5101 Westinghouse Blvd. Charlotte, NC Mecklenburg County to receiving waters designated as Lake Wylie, a class WS-V, B stream in the Catawba River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, Il, III, IV, V and VI hereof. This permit shall become effective May 1, 2008. This permit and the authorization to discharge shall expire at midnight on April 30, 2013. Minor modification made and signed this 151 day of May, 2008. ORIGINAL SIGNED BY BRADLEY BENNETT for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission f Permit No. NCS000021 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map 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: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL 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 S. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers i Permit No. NCS000021 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS00002 I' ' PART I INTRODUCTION F331011111"Em 1e11] ►I/ 11111 a 9 N I'll u 11 1160lid Dl :7T10 During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § I22.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification 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 reapply for the No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 t SECTION C: LOCATION MAP Permit No. NCS000021 1 "'ik .11 11 L t r M 'idyl .. { �. � �Y^' � _ � r°•i a ��..� �_Jr � d ✓?'�,,,.,'"�r [.. 1w a• 6f..''i < ,�•,,R fh .f-`t~'.,,�:'. »�, �r m�.,� ': `.}�' `� 6 A i t:f- .": ��� !'it`. n �) - ,-r ' #' :.fit i1« � f � •. `� - w•..y i:, ,, �- � � s§ 1,� I ��'I,. � Iy S�"rt ,f♦ ,rj 'pzri ai.a- �S t y- � � r,,,, �.' �� � F� •t''�~' w:���"#� � >�lj J�'��iL "'�+.•��t�' � � ;.,J�...� .+.. � .. �g.,5�, •- : , � 517' � ' k } i w.s,�� i >�'4 w'°,�,. � L S��.'°.4y�,h�, -' �. E7 +r + �� . `��"r ter. �i • I i1'a1�E f s. R "_!...� w.+�k"4 "yu �• 12 „3 iwV.� 'k i ; f �.d^ 1` E ��+� I '� ' G� �. � Ira '- .✓" � � t� ::� r -s ��� ��: >��, '�.r-�.: ;,! � s� '.� � ,•° .rl. Charlotte Turbine Generator Plant 'e'•i �•.Jl �� � ar i1 � CW-! di'f ..w.. 7 ia- "°a+� y,i�§� �� �.i-�'±- � a,�� i�� ��•�ff a C ..�� I��-�_'•�.M� ^' I �, o l��."'.'vYl l� s Y �➢ § Ei .�.,;� � � } � ..� (� / r �' af"ti+�'4 `�-��`3"si--�A.�S'.� ! . f` � Y� � _ S ' � �f J h�rb• E � NO, ,� F. di ,.�,( .. f 1� . , Y .4h •Y r f3 l Y q -N• NCS000021 N IA— W J s Slemens Power Generation Inc. Charlotte Turbine Generator Plant Latitude: 350 08' 28" N Longitude; 800 59' 34" W Receiving Stream: Catawba River (Lake, Wylie) Stream Class: WS V, B Sub -basin: 03-08-34 (Catawba River Basin) ��►�... A 9rtf'i Facility Location Part I Page 2 of 2 Permit No. NCS000021 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: a. A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. The map should identify whether each receiving water is impaired (on the state's 303(d) List of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. North Carolina's 303(d) List can be found here: http://h2o.enr.state.ne.us/tmdl/General_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.nc.us/tmdl/TMDL_list.htm#Final_TMDLs b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. C. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Site property boundary and topography (3) Location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas) (4) Drainage features and structures (5) Stormwater discharge points (outfalls) (6) Delineated drainage areas for each outfall (7) Drainage area for each outfall in acres and percentage or each drainage area that is impervious (8) All on -site and adjacent surface waters and wetlands (9) Building locations Part 11 Page 1 of 10 Permit No. NCS000021 (10) Existing BMPs and impervious surfaces d. A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. b. Secondary Containment Requirements and .Records. Secondary containment is required for: bulk storage of liquid materials;'storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices which shall be secured closed with a locking mechanism, and any stormwater that accumulates in the containment 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 the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five (5) years. C. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of the potential of pollutant sources to contribute Part I I Page 2 of 10 Iq y Permit No. NCS00002 i significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil SPCC plan 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 program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. Part II Page 3 of 10 Permit No. NCS000021 8. Facility Inspection Program. Inspections of the facility and all stormwater systems shall occur at a minimum on a semi-annual schedule, once,during the first half of the year (January through June) and once during the second half (July through December), with at least 60-days separating inspection dates (unless. performed more frequently). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II of this permit. 9. Implementation. The permittee shall implement the Plan. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. Part I1 Page 4 of 10 Permit No. NCS000021 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 representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Table 1. Analytical Monitoring Re uirements Discharge Characteristics Units Measurement Frequency, .,Sample Type2 Sample Location-3 Total Nitro en m semi-annual Grab SDO Total Suspended Solids m L semi-annual Grab SDO Oil and Grease m L semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain Gauge - Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stonnwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part 11 Page 5 of 10 Permit No. NCS000021 The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. . Table 2. Monitoring Schedule Monitoring period"' °Sample Number iStart , End, Year 1 — Period 1 1 May 1, 2008 October 31, 2008 Year 1 — Period 2 2 'November 1, 2008 April 30, 2009 Year.2 — Period 1 3 May 1, 2009 October 31, 2009 Year 2 — Period 2 4 November 1, 2009 April 30, 2010 Year 3 — Period 1 5 May 1, 2010 October 31, 2010 Year 3 — Period 2 6 November 1, 2010 April 30, 2011 Year 4 — Period 1 7 May 1, 2011 October 31, 2011 Year 4 -- Period 2 8 November 1, 2011 April 30, 2012 Year 5 — Period 1 9 May 1, 2012 October 31, 2012 Year 5 — Period 2 10 November 1, 2012 April 30, 2013 Footnotes: 1 Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual monitoring until the renewed permit is issued. 2!. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Monitoring results shall be compared to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoriniz Discharge Characteristics ` ' Units Benchmark Total Nitrogen mg/L, 30 Total Suspended Solids mg/L, 100 Oil and Grease mg/L, 30 pH standard 6-9 Part II Page 6 of 10 Permit No. NCS000021 Tier One If: The sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of -the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two If. During the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times•in a row (consecutive); Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for all parameters at that outfall. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part II Page 7 of 10 Permit No. NCS000021 During the term of this permit, if the sampling results exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, DWQ may: • Require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. This site discharges to impaired waters experiencing problems with nutrients. If a Total Maximum Daily Load (TMDL) is approved for this segment of Lake Wylie, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a,strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. ' Part I Page 8 of 10 Permit No. NCS000021 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, and during the analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the pennittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequency) Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall. be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance Part 11 Page 9 of 10 Permit No. NCS000021 areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement .Fee uenc 1 , "Sample'- '' I ';T e2: " Sample Location3. H standard semi-annual Grab SDO Oil and Grease mg/1 semi-annual Grab SDO Total Suspended Solids --mg/1 semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usage I gallons/month I semi-annual Estimate - Footnotes: Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur., 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Beinchmark pH standard 6- 9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part II Page 10 of 10 Permit No. NCS000021 PART HI STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL 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: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this 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 individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $1 1,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($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. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $27,500. Penalties for Class 11 violations are not to exceed $1 1,000 PartIl I Page 1 of 8 Permit No. NCS000021 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $137,500. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying,"revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tama ina The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20;000 per day of violation, or by imprisonment of not more than 4 years, or both. Part III Page 2 of 8 Permit No. NCS000021 10, Penalties for Falsification of Re orts The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL, CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual 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 employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if 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. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if- (1) The authorization is made in writing by a person described above; Part III Page 3 of 8 Permit No. NCS000021 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best 'of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Individual Permit Modification Revocation and Reissuance or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS l . 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 individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. massing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: Part I II Page 4 of 8 Permit No. NCS000021 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 permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 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. Part III Page 5 of 8 Permit No. NCS000021 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 5. Representative OutfalI 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 Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Insnection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by 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 six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506. Part III Page 6 of 8 Permit No. NCS000021 Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports -prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 7. Bypass 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. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting 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 Parti l l Page 7 of 8 Permit No..NCS000021 anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000021 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS Act See Clean Water Act. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and V I Page 1 of 5 Permit No. NCS000021 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. 9, Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. IL Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance ' Any substance designated under 40 CFR Part 116 pursuant to Section 31 1 of the Clean Water Act. 13. Landfill A disposal facility or part of disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, Part VI Page 2 of 5 Pages Permit No. NCS000021' industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122.26(g). 16. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. 17. Permittee The owner or operator issued a permit pursuant to this individual permit. 18. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 20. Representative Outfali Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 21. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 22. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 23. Section 313 Water Priority Chemical A chemical or chemical category which: Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and That meet at least one of the following criteria: Part VI Page 3 of 5 Pages Permit No. NCS000021 (1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CFR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 25. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, stag and sludge that have the potential to be released with stormwater discharges. 26. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual Part VI Page 4 of 5 Pages Permit No. NCS000021 . 31. , Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 32. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 35. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 36. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 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. Part VI Page 5 of 5 Pages SIEMENS February 14, 2008 Mr. Robert D. Patterson, PE N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Siemens Power Generation Inc. Charlotte Turbine/Generator Plant 5101 Westinghouse Boulevard Charlotte, Mecklenburg County Permit No. NCS000021 Renewal Application with Proposed Modification Dear Mr. Patterson: FEB t s 2008 NR - WATE Wt);Y1 By this letter, Siemens Power Generation Inc. requests modification to the NPDES Permit number NCS000021, renewal application for coverage, submitted to the Division of Water Quality on March 30, 2004. Specifically, Siemens Power Generation requests that the sampling location identified as outfall 008 be removed from current permit application. The reason for this request is as follows: Mr. Michael Parker, representing the North Carolina Division of Water Quality, conducted an on site Compliance Evaluation Inspection of the Charlotte Turbine /Generator facilities on January 15, 2008 During that inspection, the area represented by outfalls 007 and 008 was discussed and reviewed with Mr. Parker for possible duplication of stormwater flow thus the possible elimination of outfall 008. As a result of our review, and Mr. Parker's concurrence, it was concluded that outfalls 007 and outfall 008 had substantially identical stormwater discharges, and we believe the area representing both owfalls would be well represented by outfall 4 007 alone, thus reducing the number of outfalls being sampled. Asper your instructions during our conversation of Thursday morning, February 14, 2008, this request for permit modification addresses only the elimination of outfall 008 from our permit application, therefore, no additional forms are attached If you have any questions or need additional information with regard to this matter, please do not hesitate to call me. My phone number is (704) 551-5149 Siemens Power Generation, Inc. P.O. Box 7002 Charlotte, NC 28241 J Sincerely, SIEMENS POWER GE ERATIONINC V Rohert H. C penter. E. Site Environmental Engineer cc: Michael L. Parker - NCDWQ ' tv, - �y4 o �c Mr. Robert H. Carpenter, P.E. Siemens Power Generation, Inc. Post Office Box 7002 Charlotte, North Carolina 28241-7002 Subject: Dear Mr. Carpenter: rvncnuei V. nusicy, vovernorCC 0o William G. Ross Jr., Secretaryl� North Carolina Department of Environment and Natural Resources Coieen H. Sullins Director Division of Water Quality January 17, 2008 Compliance Evaluation Inspection Siemens Power Generation, Inc. NPDES Stormwater Permit No. NCS000021 Mecklenburg County, NC Enclosed is a copy of the Compliance Evaluation Inspection (CEI) report for the inspection conducted at the subject facility on January 15, 2008, by Mr. Michael L. Parker with this Office. Thank you for your assistance and cooperation during the inspection. The -enclosed report should be self-explanatory. Overall, the facility's Stormwater program was well developed and implemented, however, your Stormwater and Pollution Prevention Flan (SPPP) has not been update since February 11, 2001. Please note that Part I1, Section A, No. 7 of your permit requires that the SPPP be updated on an annual basis. This also includes the facility site plan, which did not show structures that had been constructed on the site since the SPPP was last updated. . If you have any questions, comments, or need assistance with understanding any aspect of your permit, please do not hesitate to contact Mr. Parker at (704) 663-1699. Enclosure cc: HCDENR Shelton Sullivan — NPS/ACO Unit Marcia Allocco Sincerely, for Robert B. Krebs Regional Supervisor Surface Water Protection Section Ned` Carolina Aatura!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet; www ngMtetiluatityorg 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704.663-6040 1-877-623-6748 An Equal OpportunitylAlfirmative Action Employer— 50% Recycled110% Post Consumer Paper Compliance Inspection Report Permit: NCS000021 Effective: 09/17/99 Expiration: 09/30/04 Owner: Siemens Power Generation Inc SOC: Effective: Expiration: Facility: Charlotte Turbine Generator Plant County: Mecklenburg 5101 Westinghouse Blvd Region: Mooresville Contact Person: Robert H Carpenter Title: Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): 24 hour contact name On -site representative Related Permits: Robert H Carpenter Robert H Carpenter Inspection Date: 01115/2008 Entry Time: 10:00 AM Primary Inspector: Michael L Parkerpi'v Secondary Inspector(s): Reason for inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: Q Compliant ■ Not Compliant Question Areas: Storm Water (See attachment summary) Charlotte NC 282417002 Phone: 704-551-5149 Certification: Exit Time: 11:55 AM Phone: Phone: 704-551-5149 Phone: 704-551-5149 Phone: 704-663-1699 Ext.223 Inspection Type: Compliance Evaluation Page: 1 1 Permit: NCS000021 Owner - Facility: Siemens Power Generation Inc Inspection Date: 01/15/2008 inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ■ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ❑ ■ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ ■ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: SPPP and facility site plan has not been updated since February 11, 2001. A list of significant spills has not been maintained since the SPPP was last updated. The SPPP should be updated on an annual basis. it is recommended that documentation of employee training also be maintained in the SPPP. Qualitative Monitoring Yes No NA Nt Has the facility conducted its Qualitative Monitoring semi-annually? ... , _ __. ■ ❑ ❑ ❑ Comment, Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ Cl # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Applicant does not use 55 gallons of new motor oil per month. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ❑ ■ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Page: 3 Permit: NCS000021 owner - Facility: Siemens Power Generation Inc Inspection Date: 01/1512008 Inspection Type: Compliance Evaluation Reason for Visit: Routine Comment: Facility maintains a separate NPDES permit for a discharge of non -contact cooling water. Page: 4 SIEMENS May 15, 2007 Mr. Ken Pickle NC Department of L'nvironment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 REF. • Stormwater Permit NCS000021 Siemens Turbine Generator Plant. 5101 Westinghouse Blvd. Charlotte NC 28273 Dear Mr. Pickle: VL' LMqy ?OD7 �ENR WRdartds g�w QglAL1 e;, This letter is in reference to the stormwater permit for the Siemens Turbine Generator Plant, Located in Charlotte North Carolina. On March 30, 2004 Siemens Power Generation Inc. submitted to the Division of Water Quality the renewal application to discharge stormwater to the receiving waters designated as Lake Wylie in the Catawba River Basin. The current stormwater permit on record far the Turbine Generator facilities issued by your department became effective October 1, 1999 with an expiration. date of September 30, 2004. On March 30, 2004 Siemens Power Generation Submitted to the Division of Water Quality the completed renewal permit application to discharge stormwater under the National Discharge Elimination System, and with the resulting backlog of permit applications, Siemens Power Generation was not issued a renewal permitfrom the Division of Water Quality at the expiration period of our current permit. Based upon the conversations with your office, it is our understanding that the Stormwater permit issued to the Siemens Turbine Generator plant in October, 1999 will continue in effect until a new stormwater permit has been issued by your department. In addition, as discussed in a recent conversations with your office concerning the Sampling Monitoring Schedule for the Charlotte Turbine Generator Plant, Siemens Power Generation had unintentionally missed the first two quarters of the fourth year permit term monitoring schedule, and requested guidance on what procedures Siemens should fallow to correct this deficiency. It is our understanding as a result of this conversation, Siemens will continue to sample the remaining representative storm event as outlined in Section B of the monitoring schedule, and in addition, will sample representative storm events of the first two quarters of the fifth year of the permit term. Siemens Power Generation, Inc. P.O. Box 7002 Charlotte, NC 28241 • R Siemens Power Generation requests conformation from the Division of Water Quality, in writing, that the revised monitoring schedule outlined above is acceptable. Please contact meal (704) 551-5149 f you have any questions. Thank you far your assistance in this matter. Sincerely, SIEMENS POWER GENERATION 61 0 1iw1`t�� --I dddmm� Y Mr. Robert H. Carpenter, P.E. Siemens Power Generation Inc. P.O. Box 7002 Charlotte, North Carolina 28241 Michael F. Easley, Governor William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality May ] I, 2007 . i; 'I.;Ur r-,fyAMU Ntnt_,n. AND NATURAL REESOURCES 10WRESVILLE 6-701,0NAL OFFI Ci Subject: NPDES Permit Renewal Application MAY 1 52007 Permit Number NCS000021 Individual Stormwater Permit Mecklenburg County Dear Mr. Carpenter, WATER Q UTY SECTI The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges in writing the receipt of your (° � renewal application for coverage under NPDES Permit Number NCS000021 on April 5, 2004. The submitted renewal package contained the following items: y Signed application Site map Z Analytical monitoring results summary v Visual monitoring results summary r Best Management Practices summary Narrative describing significant changes at the permitted facility v Signed Stormwater Pollution Prevention Plan certification In addition to the renewal application the Division also received your completed name/ownership change form on November 1, 2005. 1 apologize for the long delay in preparing your permit renewal. At this time I have scheduled a time to draft your permit in the first week of June. You can anticipate receiving a draft renewal for your review by the end of August due to the time it will take for internal review. A preliminary review of the submitted renewal application package has been conducted and it appears to be complete. No further information is required at this time. If you have any questions about the renewal process or would like to discuss this letter, please contact me at (919) 733-5083, extension 578. Sincerely Aisha Lau Environmental Engineer cc: Mooresville Regional Office Stormwater and General Permits Unit Central Files SWI.1-238-090199 One Np�i Carolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.stale.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper SIEMENS Firn October 25, 2005 nCa ry NC Department of Environment and Natural Resources Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh North Carolina 27699-1617 REF.: REQUEST FOR CHANGE IN NAME FOR STORMWATER PERMIT NCS000021 Dear Sir/Madam: This letter serves as notification of the change in name of our parent company: SIEMENS WESTINGHOUSE POWER CORPORATION TO SIEMENS POWER GENERATION INC. Please note that this is a change in name only and does not affect the Federal Identification Number. Please update our Permit to Discharge Stormwater associated with industrial activity under the NPDES Stormwater Permit No. NCS000021. If you have any questions, please contact Mr. Robert Carpenter, facility contact, at (704) 551-5149 I have enclosed the required Permit Name/Ownership change form as required by the NC Department of Environment and Natural Resources, Division of Water Quality. Sincerely, SIEMENS POWER GENERATION INC. Robert H.Imental Site Envirineer Charlotte Turbine Generator plant Siemens Power Generation, Inc. P,O, Box 7002 Charlotte, NC 28241 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGY'FORM I. Please enter the permit number for which the change is requested. NPDES Permit N I C IS 16Q 2 II. Permit st s change. a. Pe sn d to (c ' rWM name): b. Pers all asp or permit: 0 1 c. Facility name (discharge): d. Facility address: e. Facility contact person: (or) Certificate of Coverage I®® t' MENEEN III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility 0 Name change of the facility or owner If other please explain: / b. Permit issued to (company name): �j�/���5 �U/�j' e: ;mey /fin c. Person legally responsible for permit: ._�77/l1� D5 aAoVe- First / Ml / Last Title Permit Holder Mailing Address City State Zip ( ) Phone F-mail Address/ d. Facility name (discharge): -I%Y1� lI�w e. Facility address: , 161 AL1&Wz4df& BLS Address r'We City /W f�2�3 - X state 'lip f. Facility contact person: YYma /JN z�Ve— First 1 MI / last Phone F-mail Address Revised 7/2005 PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information: (if different from the person legally responsible for the permit) Permit contact: 6421�L First / MI / Last Title Mailing Address 0 City State Zip Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? X Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. .....................................................................•.... 6......................... The certifications below must be completed and signed by bath the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date APPLICANT CERTIFICATION: 1, , attest that this application for a name/ownership change has been reviewed Ad is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. 4.. ? 'z0S Si lure ate .................... PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 712005 0� CERTIFIED MAIL RETURN RECEIPT REQUESTED Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 12/9/2003 Robert Carpenter Siemens Westinghouse Turbine PO Box 7002 Charlotte NC 28241 SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON PAYMENT PERMIT NUMBER NCS000021 Siemens Westinghouse Turbine Mecklenburg COUNTY Dear Permittee: Alan W. Klimek, P.E. Director Division of Water Quality liClogpT C F Ft VIRONMERT F MpWkTURAL RESOURCES L1.E REGioNAL OFFIG'1~ �r k DEC 5 2003,E WAIM 4U'Xt �� SO4 e"10% Payment of the required annual administering and compliance monitoring fee of $715.00 for this year has not been received for the subject permit, This fee is required by Title 15 North Carolina Administrative Code 2H.0105, under the authority of North Carolina General Statutes 143-215.3(a)(1), (1a) and (1b). Because this fee was not fully paid within j 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 ncac 2H.0105(b) (2) (k) (4), and G,S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the required Annual Administering and Compliance Monitoring Fee is received within that time. Discharges without a permit are subject to the enforcement authority of the Division of Water Quality. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, NC 27699-1617 If you are dissatisfied with this decision, you have the right to request an administrative hearing within Thirty (30) days following recipt of this notice, identifying the specific issues to be contended. This request must be in the form of a written petition conforming to Chapter 150E of the North Carolina General Statutes, and hied with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447, Unless such request for hearing is made or payments received, revocation shall be final and binding. If you have any questions, please contact: Mr. Rex Gleason, Mooresville Water Quality Regional Supervisor, (704) 663-1699. Sincerely, �I Alan W. "limeI5. cc: Supevisor, Water Quality Permits and Engineering Unit Mooresville Regional Office County Health Department 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources. Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Robert Carpenter Siemens Westinghouse SIG Plant P.O. Box 7002 Charlotte, North Carolina 28241 Mr. Carpenter: March 2, 2000 1kVCN;Wr NCDENR NORTH CAROLINA DF-PARTMENT OF ENVIRONMENT AND NATURAL RESOURCES N.C: DEVJ. W? cNVIRONMENT, HE#-LTb v NATURAL. ItV-90 JRCr MAR 14 2000 51-6W4_01A� Y�%/� mistuK �r >�I�i�aslrati�r � r��nAsf�rr Subject: Outfall petition unnR[SVltti AEG133NA1 AFftl r NCS000021 Siemens Westinghouse -Charlotte Facility Mecklenburg County The Division of Water Quality (Division) has reviewed a petition submitted on behalf of Siemens Westinghouse by Mr. Senne C. Hutson, Smith Helms, MuIliss & Moore, L.L.P The petition proposed to replace sampling at one outfall with sampling at three upstream outfalls at the subject facility. The subject facility is located at 5101 Westinghouse Boulevard in Charlotte, North Carolina. The specific request was to allow "Outfall 001" (as designated on the submitted site plan) to be replaced by three new outfalls, designated as "Outfall 006", "Outfall 007", and "Outfall 008". After reviewing the submitted documentation, it is clear to the Division that samples from the new outfalls would be more representative of the stormwater runoff from the subject area than the previously used sample point located at the outlet of the spray pond. Therefore, the Division agrees with the petition and grants the request to sample at the three new outfalls If you have any questions concerning the contents of this letter, please contact Darren England at 919- 733-5083 ext. 545. Sincerely, for Kerr T. Stevens cc: Mr. Benne C. Hutson, Smith Helms, Mulliss & Moore, L.L.P Mr. Christopher J. Flynn, Siemens Westinghouse Mooresville Regional Office Stormwater and General Permits Unit Files Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opporlu'nity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Siemens Westinghouse SW permit contested case -Reply Subject: Siemens Westinghouse SW permit contested case -Reply Date: Thu, 02 Mar 2000 16:06:11 -0500 From: BRIAN J. MCGINN <BMCGINN@MAIL.JUS.STATE.NC.US> To: dorren.england@ncmail.net Darren-- The letter looks fine as drafted. I talked with Benne Hutson today and told him we were prepared to send the letter in exchange for their agreement to drop the remaining issue. He agreed and said that he would be contacting the court tomorrow to let them know the case is settled. So we can go ahead and send out the letter. Give me a call if you have any questions. thanks. Brian »> Darren England sdarren.england@ncmarl.net> 0310110003:52pm »> Brian: I have drafted our response to Mr. Hutsons February 12, 2000 letter. Bradley asked me to contact you to review the letter. If we need to add any additional text concerning the dismissing of the' contested case petition, I would greatly appreciate a little help with the appropriate verbiage. Thanks -dme Darren M. England Environmental Engineer N.C. Department of Environment and Natural Resources Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 E-mail: Darren.England@ncmail.net Phone: 919-733-5083 ext. 545 NCSU WOLFPACK ! UNCW SEAHAWK5 ! "It is better to be approximately right,than precisely wrong" -unknown 1 of,1 3/2/00 16'.12 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director March 2, 2000 Mr. Robert Carpenter Siemens Westinghouse SIG Plant P.O. Box 7002 Charlotte, North Carolina 28241 1 • a NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsouRGES Subject: Outfall petition NCS000021 Siemens Westinghouse -Charlotte Facility Mecklenburg County Mr. Carpenter: The Division of Water Quality (Division) has reviewed a petition submitted on behalf of Siemens Westinghouse by Mr. Benne C. Hutson, Smith Helms, Mulliss & Moore, L.L.P The petition proposed to replace sampling at one outfall with sampling at three upstream outfalls at the subject facility. The subject facility is located at 5101 Westinghouse Boulevard in Charlotte, North Carolina. The specific request was to allow "Outfall 001 " (as designated on the submitted site plan) to be replaced by three new outfalls, designated as "Outfall 006", "Outfall 007", and "Outfall 008". After reviewing the submitted documentation, it is clear to the Division that samples from the new outfalls would be more representative of the stormwater runoff from the subject area than the previously used sample point located at the outlet of the spray pond. Therefore, the Division agrees with the petition and grants the request to sample at the three new outfalls If you have any questions concerning the contents of this letter, please contact Darren England at 919- 733-5083 ext. 545. Sincerely, for Kerr T. Stevens cc: Mr. Benne C. Hutson, Smith Helms, Mulliss & Moore, L.L.P Mr. Christopher J. Flynn, Siemens Westinghouse Mooresville Regional Office Stormwater and General Permits Unit Files Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919.733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director March 1, 2000 Mr. Robert Carpenter Siemens Westinghouse SIG Plant P.O. Box 7002 Charlotte, North Carolina 28241 U., NORTH CARe ENVIRONMENT ,� i , Subject: Outfall petition NCS000021 Siemens Westinghouse -Charlotte Facility Mecklenburg County Mr. Carpenter: The Division of Water Quality (Division) has reviewed a petition svbr fitted on behalf of Siemens Westinghouse by Mr. Benne C. Hutson, Smith Helms Mulliss & Moore, L.L.P The petition proposed to replace sampling at one outfall with sampling at three u INeam outfalls at the subject facility. The subject facility is located at 5101 Westinghouse Boulevard%in*Charlotte, North Carolina. The specific request was to allow "Outfall 001. (ashdesigiiAied on the submitted site plan) to be replaced by three new outfalls, designated as "OutfalrO06 , "Outfall 007", and "Outfall 008". After reviewing the submitted documentation, it is clear to the Division�th�at samples from the new outfalls would be more r r representative of the stormwateunoff om the -subject area than the previously used sample point located at the outlet of the spray pond: Therefore, the Division agrees with the petition and grants the request to sample at the three ne outfalls If you have any questions c4cerning the contents of this letter, please contact Darren England at 919- 733-5083 ext. 545. Sincerely, for Kerr T. Stevens r cc: Mr. Benne C. Hutson, Smith Helms, Mulliss & Moore, L.L.P Mr. Christopher J. Flynn, Siemens Westinghouse Mooresville Regional Office Stormwater and General Permits Unit Files Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper SMITH HELMS MULLISS & MOORE, L. L. P. ATTORNEYS AT LAW CHARLOTTE, NORTH CAROLINA 2OI NORTH TRTON STREET 5202021 POST OFFICE BOX 31247 CHARLOTTE, NC R6231.1247 WRITER'S DIRECT DIAL 704/343-343-2060 Brian J. McGinn Assistant Attorney General Department of Justice Environmental Section P.O. Box 629 Raleigh, North Carolina 27602 Bradley Bennett Stormwater and General Permits Supervisor Division of Water Quality North Carolina Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 TELEPHONE 704/343-2000 FACSIMILE 704/3.34•04S7 www.shmm.com February 23, 2000 OTHER OFFICES ATLANTA GREENSBORO RALEIGH WILMINGTON WRITER'S E-MAIL ADDRESS Benna—HU t40n@shmm, cam Darren M. England Environmental Engineer Division of Water Quality North Carolina Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1 FFB 2 5 2000 -�QlidT SOURCE BRANCH Re: Siemens-Westinghouse/Charlotte Facility -- Stormwater Permit Dear Brian, Bradley and Darren: At our meeting on January 21 and in my letter to you dated January 31, I advised that Siemens -Westinghouse would be working with its consultant, S&ME, to identify sampling outfalls to replace outfall no. 1. That work has now been completed. Siemens -Westinghouse proposes to replace outfall no. 1 with three new outfalls, numbered 6, 7 and 8. Enclosed is a map prepared by S&ME which shows the following: 1. The respective locations of new outfalls 6, 7 and 8. 2. The drainage area served by each outfall. The area served by outfall no. 6 is bordered in red. Outfall no. 7 is bordered in green and outfall no. 8 in brown. 3. The drainage flow direction within each of these drainage areas. 4. The sub -area type and industrial activities taking place in each area. This information is provided in the legend to the map. Mr. Brian McGinn Mr. Bradley Bennett Mr. Darren England February 23, 2000 Page 2 Siemens -Westinghouse has confirmed that representative samples can be collected from each of the proposed new outfalls. I trust this provides all of the information you need to issue the letter approving this change in outfalls as a minor modification to our new permit. Once we receive this letter, we will dismiss the pending contested case petition with prejudice. That case is still scheduled to begin on March 7. Hopefully you can reach a final decision prior to that time. If you have any questions or issues that we need to discuss regarding this matter, please let me know right away. I look forward to hearing from you soon. Sincerely, Smith Helms Mulliss & Moore, L.L.P. a& Benne C. Hutson BCH Enclosure cc: Christopher Flynn (w/encl.) Robert Carpenter(w/encl.) 201 NORTH TRTON STREET (20202) POST OFFICE BOX 31247 CHARLOTTE. NC 28231-1247 WRITER'S DIRECT DIAL 7041343-343-2060 Brian J. McGinn Assistant Attorney General Department of Justice Environmental Section P.O. Box 629 Raleigh, North Carolina 27602 Bradley Btt Stormwater and General Pe its Supervisorivision-of-Water Quality North Carolina Department of Enviroriinentand Natural Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SMITH HELMS MULLISS & MOORE, L. L. P ATTORNEY$ AT LAW CHARLOTTE, NORTH CAROLINA 43-R000 rV"2" 34-6467m2000Darren M. England Environmental Engineer Division of Water Quality North Carolina Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 TELEPHONC 704/3 FACSIMILE 704/3www.shmm,co January 31, Re: Siemens-Westinghouse/Charlotte Facility -- Stormwater Permit Dear Brian, Bradley and Darren: BALE WILM : OFFICES TA On behalf of Siemens -Westinghouse, I want to thank you for taking the time to meet with us on January 21 (which was only four winter storms ago!) We felt it was a very productive meeting and hope you share that feeling. With regard to the proposed deletion of outfall no. 1 from the permit and the inclusion of two new sampling locations, we will prepare information delineating the areas of the Siemens - Westinghouse Charlotte facility that feed each of these new locations and identifying the activities that take place within these areas (such as parking, material storage, runoff from roofs, etc.) We will also provide an explanation as to how these two new locations taken in combination with all of the other sampling locations results in Siemens -Westinghouse being able to monitor the effects all of the activities -at its Charlotte facility have on stormwater discharges. We understand no information is needed regarding the construction specifications of the new sampling points other than a statement that we have determined that representative samples can be collected at each of these points. Once that information is available, we will submit it to you in the form of a request for a minor permit modification. If the information is acceptable to and sufficient for you, our request to Mr. Brian McGinn Mr. Bradley Bennett Mr. Darren England January 31, 2000 Page 2 delete outfall no. 1 and include the two new locations will be approved in writing by you. We understand that since this is a minor modification, no form of permit application or use of other standard form is necessary to initiate this change. If this is not the case, please let us know what format or forms should be used. We hope to have this information to you in the next two to four weeks. Obviously the weather has wreaked havoc with getting this work started before now. I spoke this afternoon with the plant's environmental manager who in turn was going to contact our outside engineering firm today to advise them of the work to be done. As this schedule puts us past various deadlines and other dates established by the Office of Administrative Hearings with regard to the pending contested case petition, I will work with Brian to notify the ALJ of our progress towards settlement and the need for an extension of those deadlines in order to complete the settlement. As to the increased monitoring requirements, we understand from our meeting that the State concluded that additional data points were needed beyond the two established by the previous permit in order to effectively manage various aspects of the overall stormwater discharge program. Even though the cutoff concentrations are not and have never been enforceable permit limits and are not included in the draft permit, we understand that those cutoff concentrations still exist and are still considered by the State in evaluating various situations. As to the specific compounds Siemens Westinghouse monitors (oil and grease and TSS), the cutoff concentrations have not changed and that we can still compare our sampling results to those concentrations to determine if our results are within an acceptable range. We further understand that the possibility exists that the increased amount of data generated may possibly lead to future permits that do not require the same amount of or any quantitative sampling. We recognize that there is no guarantee of such a result and that a number of factors both specific to our site as well as generally applicable to various parts of the stormwater program will go into the State's analysis of that issue. Mr. Brian McGinn Mr. Bradley Bennett Mr. Darren England January 31, 2000 Page 3 Once again, thank you for taking the time to meet with us. If there is anything in this letter that is incorrect or not stated which is material in any way, please let me know right away. We look forward to bringing this matter to a mutually acceptable resolution. Sincerely, Smith Helms Mulliss & Moore, L.L.P. 4erne C. Hutson BCH cc: Christopher Flynn Robert Carpenter REFERENCES: INFORMATION (EASEMENT.DXF AND PARCEL.DXF - JUNE 17, 1999) PROVIDED BY THE CHARLOTTE/MECKLENBURG GIS. FURTHER INFORMATION IS AVAILABLE BY CONTACTING MECKLENBURG COUNTY DATA PROCESSING DEPARTMENT, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, 600 EAST FOURTH STREET, CHARLOTTE, NC 28202-2835. TELEPHONE: (704) 336-2003, FACSIMILE: (704) 336--7219. INFORMATION (D34PLANH.DWG, D35PLANH.DWG, E34PLANH.DWG, E35PLANH.DWG - MAY 6, 1997 AND D34TOP01.DWG, D35TOPOI.DWG, E34TOP01.DWG, E35TOP01.DWG - DECEMBER 10, 1998) PROVIDED BY MAPPING/GIS SERVICES - MECKLENBURG COUNTY ENGINEERING AND BUILDING STANDARDS DEPARTMENT. SAMPLE TOTAL DRAINAGE DRAINAGE SUB -AREA INDUSTRIAL ACTIVITIES LOCATION AREA IACRESI SUB -AREA TYPE NACRES) IN AREA PAVED PARKING/ROOFS 4.6 MANF. BLDG. ROOF, OFFICE BLDG. ROOF, 006 7.0 AND VISITOR PARKING DRAINAGE AND WOODS & GRASS 2.4 OUTSIDE MATERIAL STORAGE 007 2.2 GRAVEL STREET/ROAD 2.2 OUTSIDE MAINTENANCE STORAGE AREA 008 0.6 GRAVEL STREET/ROAD 0.6 OUTSIDE MAINTENANCE STORAGE AREA LEGEND APPROXIMATE SAMPLE POINT LOCATION APPROXIMATE SAMPLE POINT LOCATION DRAINAGE AREA BOUNDARY DRAINAGE FLOW DIRECTION PROPERTY BOUNDARY EXISTING CONTOUR GRAPHIC SCALE 2ao 0 100 2w Ono NO. DATE: DESCRIPTION BY *Sam ENGINEERING • TESTING ENVIRONMENTAL SERVICES STORMWATER SAMPLE LOCATIONS AND ESTIMATED DRAINAGE AREAS SIEMENS WESTINGHOUSE CHARLOTTE, NORTH CAROLINA SCALE: 1 „= 200, DRAWAI BY: O P M d IEgC@ BY: /� SIEMENS WESTINGHOUSE POWER CORPORATION CHARLOTTE, NORTH CAROLINA FACILITY STORMWATER DISCHARGE PERMIT NO. NCS000021 PROPOSED AGENDA January 21, 2000 I. Proposed Deletion of Outfall No. 1 A. Area Drainage Patterns B. Off -Site Sources of Stormwater C. Proposed Alternative Sampling Locations II. Changes in Sampling Requirements A. Previous Permit B. Draft Permit C. DENR Explanations for Changes in Requirements III. Other Matters .1 GREENSBORO POST OFFICE BOX 21927 GREENSBORO, N. C. 27420-1927 TELEPHONIC 336/378-5ROO FACSIMILE 336/3799SSB WRITERS DIRECT DIAL 7041343-2060 SMITH HELMS MULLISS & MOORE, L. L. P ATTORNEYS AT LAW CHARLOTTE, NORTH CAROLINA MAILING AODRCSS STREET ADDRESS POST OFFICE BOX 31247 201 NORTH TRYON STREET CHARLOTTE, N. C. 28231.1247 CHARLOTTE, N. C. 28202 TELEPHONE 704/343-2000 FACSIMILE 704/334-8467 October 18, 1999 Darren England State of North Carolina Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Permit No. NCS000021 Siemens Westinghouse SIG Plant Mecklenburg County Dear Mr. England: RALEIGH POST OFFICE BOX 27525 RALEIGH, N. C. 27611-7525 TELEPHONE 919/755-8700 FACSIMILE 919/7SS-660O WRITER'S EMAIL ADDRESS Be n n e_H u is on Q S HM M. CO M We represent Siemens Westinghouse with regard to this proposed NPDES stormwater permit. By this letter, we are requesting two changes to this permit. 1. Deletion of Outfall No. 1 from Permit First, Siemens Westinghouse requests that outfall no. 1 be deleted from this permit for all purposes. The reason for this request is simple. Due to the boom in commercial real estate development in the area where the Siemens Westinghouse plant is located, the stormwater discharge at outfall no. 1 consists of discharges from a number of neighboring properties and is no longer representative of a discharge solely from our facility. Outfall no. 1 is located at the southern end of a spray pond that Siemens Westinghouse constructed in 1968 to handle the discharge of non -contact cooling water from the manufacturing plant also being built then. At that time, there was no other development or use of any of the properties neighboring or in the vicinity of the plant. After operations began at the plant, the only discharges to the pond were non -contact cooling water from manufacturing operations, stormwater runoff from that portion of the plant that drained to the pond and stormwater runoff from the surrounding area that naturally drained to the location where the pond had been built. As the surrounding area was undeveloped, percolation into the soil, absorption by plant life and other natural processes limited the amount of stormwater from other L properties that reached the pond. 9 9 9 IPICIAL OLYMPICS WOOL Q 6 A M 15 OFFICIAL LAW FIRM FOR THE 1999 SPECIAL OLYMPICS WORLD GAMES N011N C A 8 9 & I N A I •— l.F F; _� �r• ,.- . ,'< ^; �_ .: �.� 1`,r! r?!v� _lam] K ;I t RlC V' ..� � ,` , c,: r : it • ��l .. pie. . i . •�r5y :s:'r.trY1::' .e it - r. . � 3 .. '1• W, Darren England October 18, 1999 Page 2 That is not the case today. The pattern of development has changed significantly since the plant's previous permit took effect on October 1, 1994. A number of properties fronting or accessible from Westinghouse Boulevard within a mile of the plant have been developed for a variety of commercial and industrial uses. To allow for this development, the City of Charlotte installed a 54-inch storm sewer which discharges to the northern end of Siemens Westinghouse's spray pond. Indeed, the discharge point for this sewer is located right at the Siemens Westinghouse's property boundary less than 20 feet from the northern end of the spray pond. In addition, on the property next to the plant immediately to the east, General Motors has built a parts distribution facility over 352,000 square feet in size with most of the rest of the site paved for vehicle traffic and outside storage. The construction includes a stormwater retention basin which is located directly along the eastern boundary of the Siemens Westinghouse property and drains directly into the spray pond. Siemens Westinghouse has control over and has developed plans to manage its stormwater discharge into the spray pond. However, it has no such control or even the ability to influence the discharges coming from the neighboring General Motors facility or'from the City's storm sewer line. Nevertheless, if those discharges cause a violation of the proposed permit, Siemens Westinghouse will be responsible, not the neighboring property owners. Such violations will not only subject Siemens Westinghouse to possible enforcement action by the State but also to citizen suits under the Clean Water Act by the downstream residents on Lake Wylie. Furthermore, any violations would no doubt result in stricter standards in any future permits which standards would once again only apply to Siemens Westinghouse. Indeed, because of this situation, as the proposed permit is currently written, Siemens Westinghouse would not be able to comply with it as of the first day it takes effect. Part II, Section A. L(e) requires Siemens Westinghouse to provide a "Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges" with such certification to be made "under penalty of law." As you can no doubt appreciate, with the number of off -site discharges now entering the spray pond, Siemens Westinghouse as a corporation and any of its responsible corporate officers individually cannot assume and should not be required to assume the risks associated with such a certification in these circumstances. If outfall no. 1 is removed from the requirements of this permit, the concerns expressed in this letter would be resolved. Siemens Westinghouse will continue to comply with regulatory and permit requirements for its other four outfalls. At those locations, discharges consist of stormwater runoff from the plant and not any neighboring properties. .. � ..I 1 �. .. Z a. 2 ..��� � � , • ' 1 .. � r � ` .. .. t. .. _. r_j� v .. .. .... _ � :1• � .dor Darren England October 18, 1999 Page 3 2. Inclusion of Sampling Requirements from Previous Permit and Draft Renewal Permit Siemens Westinghouse's current permit requires analytical monitoring for specific stormwater discharge characteristics on an annual basis during each year the permit is in effect. However, if the results during the first year of sampling are below certain cut-off concentrations, no further analytical sampling needs to be conducted until the last year of the permit. Sampling conducted in the first year of the curent permit showed levels below the cut-off concentrations so Siemens Westinghouse did have to conduct any further sampling until earlier this year. The draft renewal permit issued in August of this year contained identical provisions. The proposed new permit, however, contains a different provision. Pursuant to Part 11, Section B, analytical monitoring now is to be conducted each quarter during the fourth year of the permit. As a result of this change, the amount of sampling events Siemens Westinghouse will have to conduct (along with the attendant time and cost involved) is twice what it had to do under its current permit. Furthermore, the proposed permit has eliminated cutoff concentrations: With the removal of cut-off concentrations, the permit has no quantitative indicators that Siemens Westinghouse can refer to in order to determine whether or not the quality of the discharge is acceptable. We are concerned that this will leave Siemens Westinghouse and other permittees "in the dark" as to the significance of its sampling results. With cut-off concentrations, a permittee had some assurance that if its results were below those concentrations, the quality of its discharge was acceptable. Under the proposed permit, it appears that the results will be submitted to the State which will consider them in determining what the provisions of the renewal permit should be. When the State issues the draft renewal permit towards the end of the fifth year (nearly a year after the last samples were taken and nearly two years aver the first sampling event in the fourth year), the permittee wilI learn for the first time whether or not its sampling results were a problem. Even then, the permittee will likely only see that the conditions of its permit are more restrictive without any explanation as to why. We need a fuller explanation of the "revised ... monitoring strategy" referred to in the cover letter transmitting the permit to determine if our concerns in this regard are well founded. Specifically, we need to know why the amount of required sampling events was doubled and how the permittee will be advised as to whether or not the State considers its sampling results to be a problem. I do want you to be aware that our deadline for filing a petition for contested case as to this proposed permit is October 23. In order to preserve our legal rights, if we have not resolved our issues by that time, we will need to file a petition. Please do not take such a filing as an indication .f . Darren England October 18, 1999 Page 4 that we do not want to disco s these issues with you further. If at all possible, Siemens Westinghouse would like to r�solt a th'e ma$ers on an informal basis, a sentiment I know the State shares. ��. ..�I I look forward to hearing from-yOT9 on BCH cc: Christopher J. Flynn Robert H. Carpenter, P.E. Sincerely, Smith Helms Mulliss & Moore, L.L.P. ?onBenne C. Hu ti R tag Gm [7 r , R 1 1 1 1 1 1 1 1 SIEMENS WESTINGHOUSE POWER CORPORATION CHARLOTTE, NORTH CAROLINA FACILITY STORMWATER DISCHARGE PERMIT NO. NCS000021 PROPOSED DELETION OF OUTFALL NO. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS Tab 1 Discharges from General Motors Facility Stormwater Retention Basin Tab 2 Other Stormwater Discharges from General Motors Facility Tab 3 Discharges from City of Charlotte 54" Stormwater Sewer Tab 4 Proposed Alternative Sampling Locations at Siemens Westinghouse Site 1 1 1 ' DISCHARGES FROM GENERAL MOTORS FACILITY STORMWATER RETENTION BASIN 1 1 1 1 I �l I RIFF� "fir- I 1 1 1 Discharge Point No. 1 into General Motors Stormwater Retention Basin (includes both runoff from portion of truck terminal area and runoff from another part of property) it 11 On !\ CIE. 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