HomeMy WebLinkAboutNCS000049_HISTORICAL WITH APPLICATION_20181107----STORIVIWATER"DIVISION-CODING-SHEET ---
PERMIT NO.
DOC TYPE
❑FINAL PERMIT
0 MONITORING INFO
41 APPLICATION
COMPLIANCE
0 OTHER
DOC DATE
❑ 201Q2 l l 'Or+
YYYYMMDD
Central Files: APS _ SWP _
11/7/2018
Permit Number NCS000049
Program Category
NPDES SW
Permit Type
Stormwater Discharge, Individual
Primary Reviewer
bradley.bennett
Coastal SWRule
Permitted Flow
0
Facility
Facility Name
IGM Resins USA, Inc.
Location Address
3300 Westinghouse Blvd
Permit Tracking Slip
Status Project Type
Active Renewal
Version Permit Classification
3.00 Individual
Permit Contact Affiliation
Gerald Walker
& Env Health Manager Safety
3300 Westinghouse Blvd
Charlotte NC 28241
Major/Minor Region
Minor Mooresville
County
Mecklenburg
Facility Contact Affiliation
Charlotte NC 28273
Gerald Walker
& Env Health Manager Safety
3300 Westinghouse Blvd
Owner
Charlotte NC 28241
Owner Name
Owner Type
Igm Resins USA Inc
Non -Government
Owner Affiliation
Scott Massey
Manager Plant
3300 Westinghouse Blvd
Dates/Events
Charlotte NC 28273
Scheduled
Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration
8/31/1994 11125/2013 9/4/2018 9/21/2018 11 /612018 1116/2018 10/31/2021
Regulated Activities Requested /Received Events
Plastics & synthetics manufacturing Region comments on draft requested 9/19118
Stormwater (activities not covered) Region comments on draft received 10/22/18
Additional information requested 8/29/18
Additional information received
Outfall 001
Waterbody Name Streamindex Number Current Class Subbasin
Steele Creek 11-137-10 C 03-08-34
Outfal I 002
Watarbody Name Streamindex Number Current Class Subbasin
Steele Creek 11-137-10 C 03-08-34
Central Files: APS _ SWP _
11 /7/2018
Outfal l 003
Watarbody Name Streamindex Number Current Class Subbasin
Steele Creek 11-137-10 C 03-08-34
Outfall 004
Watorbody Name Streamindex Number Current Class Subbasin
Steele Creek 11-137-10 C 03-08-34
Outfall 005
Waterbody Name Streamindex Number Current Class Subbasin
Steele Creek 11-137-10 C 03-08-34
Last update: 111512018
NC Division of Energy, Mineral and Land Resources
Review for Permit Renewal — NCS000049
IGM Resins USA Inc. - Charlotte, NC
• Facility Activities and Process — Website says they specialize in development, manufacturing and supply of products and
technical services to the global UV ink and coating industry. UV and EB (Electronic beam) energy cured coatings. DWM
RCRA inspection states IGM is a manufacturer of UV acrylate esters where bases are mixed with acrylic acid to produce
UV light sensitive resins. Resins are used in paint to produce a drying effect immediately after the paint is applied to any
surface that is expose to sun light. Most likely SIC 2821— Plastic Materials and Synthetic Resins. Currently 2869 in BIMS.
• Monitoring — The facility has been monitoring for TSS, COD, BOD and pH. Previous permit did have tier system.
o Data from 2009 — 2013 (in renewal app) shows five benchmark exceedances for TSS, two for COD, none for BOD
and 12 for pH. Data for 2014 -2018 submitted indicates fewer exceedances and a few high values that did not
exceed. pH values did not exceed during this time frame.
o All pH exceedances were for values below 6.
o No BOD exceedances, so propose to remove BOD from permit.
o Some question from review of files about the monitoring locations for at least one of the outfalls. In a 2009
inspection conducted by Charlotte -Mecklenburg Stormwater Services (CMSWS) several issues came up, including
the concern that the facility was monitoring what they called a Swale. The swale goes through the property and
could be a channelized stream. The swale also collects discharge from another property. The MRO asked that
they create a new outfall (005) for a discharge going into the Swale and stop sampling the swale (004) as it leaves
the property and flows into the creek since this was not an outfall point. This was verified in correspondence from
the central office with previous owners in June 2010 letter. In the previous permit renewal staff in the MRO had
outlined where outfalls should be monitored. It appears that with change of ownership, etc, the facility may still
be monitoring the swale?
a Parameters remaining in the permit —TSS, COD and pH.
o Tier structure adjusted to have the three levels as in current permits.
o Parameter codes added to permit.
• Discussions with Facility — Need to check on the activities at the site. Are they different from the previous owner (Cognis
Corporation)? Is the SIC different? Are there potentially different parameters of concern that haven't been monitored
for? Check on the outfall points, are they still monitoring the swale instead of the outfall (see discussion above). Name
change in DWM LF files indicates no changes in operation with owner change to IGM.
Conference call with Gerald Walker (IGM) and Kim Ackerman (consultant) — 8/29/18. Major items discussed:
o Changes in Process -- No major changes, but reduction in process. They lost their largest customer so there is less
material on site and they have dropped to 5 days per week production.
o Questions on Monitoring Locations — Discussed the issues with monitoring of swale versus outfall point (see
discussion above under monitoring). Facility staff working with process now were not here in that timeframe and
seemed unaware of the previous issues. They confused the discussion with an outfall from an off site facility that
also goes to the swale. Forwarded the previous correspondence to Gerald and Kim in an email on 8/29 for their
review and response.
o Discussion of Spills and Drainage to WW Treatment — Inspection info outlined spill issues in previous years.
Discussed this and staff indicated there had been a wastewater leak that was repaired and materials cleaned up,
etc. Indicated that all of the tank farm area at the facility drains to wastewater treatment. Also said whole
production area goes to WW treatment. They indicated they do have a map showing the drainage area that flows
to WW. Could be helpful for regional staff during inspection.
o Permit Timeframe — Discussed with facility staff that in order to help with backlog and get renewals on better time
frames where equal numbers come up for renewal each year, we are short cycling some permits. Their permit will
run through 2021.
Sent a second email to Gerald and Kim on 9/10/18 to try and get accurate locations for outfalls to enter in BIMS.
Previous information submitted had the same lat/long for all four outfalls.
Surface Water Information - Facility drains to Steele Creek in the Catawba River Basin, 11-137-10 , a class C stream. 2016
Integrated Report does not list this stream segment as having any impairment issues.
NC National Heritage review — NHP report shows no aquatic resources within project area or within one mile. No areas
of concern for the discharge from this facility.
Regional Office Information - MRO — Draft to region and CMSWS on 09/19/2018 by email. Asked them to review the
issues of sampling instream. MRO visited the site on 10/18/18 and sent okay to issue 10/22/18. But there was no
Last update: 111512018
response to the issue of whether they were sampling in a stream segment. Email to MRO to ask about this on 11/5/18.
Talked with James—11/5/18 and he doesn't think they are monitoring instream. Thinks there are only four outfalls and
the MRO will be working with them in the future on ROS.
t
k
See image to the right Facility comes up to the UT and it runs through the property. Shown as a swale on the site plan.
They still show it as an outfall point even though this was pointed,out in a 2010 letter about a new outfall #005. May need to
check this on site visit.
Compliance Inspection Report
Permit: NCS000049 Effective: 02/01/09 Expiration: 01/31/14 Owner: Igm Resins USA Inc
SOC: Effective: Expiration: Facility: IGM Resins USA, Inc.
County: Mecklenburg 3300 Westinghouse Blvd
Region: Mooresville
Charlotte NC 26273
Contact Person: Gerald Walker Title: Phone: 704-945-8702
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Data: 10118/2018
Primary Inspector: James D Moore
Secondary Inspector(s):
Entry Time: 09:OOAM
Reason for Inspection: Complaint
Permit Inspection Type: Stormwater Discharge, Individual
Facility Status: Compliant ❑ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Certification:
Phone:
Exit Time: 12:30PM
Phone:
Inspection Type: Compliance Evaluation
Page: 1
Permit: NCS000049 Owner- Facility:lgm Resins USA Inc
Inspection Date: 1011812018 Inspection Type : Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
Based on the inspection, I recommend issuing the new permit for NCS000049 as drafted.
Page: 2
r �n.'
Permit: NCS000049 Owner- Facility;Igm Resins USA Inc
Inspection Data: 10118/2018 Inspection Type : Compliance Evaluation Reason for Visit: Complaint
Analytical Monitorina
Has the facility conducted its Analytical monitoring?
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
Comment: Based on the review of past monitoring results I recommend issuing the new permit With the
proposed monitoring requirements in Table 1 on page 7.
Yes No NA NE
■❑❑❑
❑❑■❑
Permit and Outfalls
Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? 0 ❑ ❑ ❑
# Were all outfalls observed during the inspection? ❑ 0 ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ N ❑
# Has the facility evaluated all illicit (non stormwater) discharges? 0 ❑ ❑ ❑
Comment: Outfalls 1, 2 and 4_were inspected. The site would be a candidate for representative outfall
status.
Page: 3
,e1
Bennett, Bradley
From: Moore, James
Sent: Monday, October 22, 2018 12:08 PM
To: Bennett, Bradley
Cc: Khan, Zahid; Broadway, Chad; Lee, Angela Y
Subject: RE: Four Permit Renewals in Mecklenburg County
Attachments: jm-10222018.pdf
Based on the recent site inspections for NCS000315 — Nexeo Solutions, NCS000304 — Gerdau Ameristeel and NCS000049
— IMG Resins, I recommend issuing all 3 as drafted. Please the attached inspected reports. Also, no data from Charlotte
Pipe yet, please keep that one on hold.
Call if questions- James Moore MRO-LQ
From: Bennett, Bradley
Sent: Tuesday, October 02, 2018 3:14 PM
To: Moore, James <james.moore@ncdenr.gov>
Cc: Khan, Zahid <zahid.khan@ncdenr.gov>; Broadway, Chad <Chad.Broadway@mecklenburgcountync.gov>
Subject: RE: Four Permit Renewals in Mecklenburg County
Thanks for the info James. It looks like you have communicated directly with them and they are going to email you the
results. Could you forward the results to us when you get them. Also, do you feel that these four outfalls will be the
ones they should be monitoring? If so, we will need to get locations for the outfalls (lat/Long) so we can update the
outfalls in BIMS.
Thanks
BB
From: Moore, James
Sent: Tuesday, October 02, 2018 2:58 PM
To: Bennett, Bradley <bradIey.bennett@ncdenr.eov>
Cc: Khan, Zahid <zahid.khan@ncdenr.gov>; Broadway, Chad <Chad.Broadway@ mecklenburgcountync.gov>
Subject: RE: Four Permit Renewals in Mecklenburg County
We inspected Charlotte Pipe last week and ask that you hold off on issuing the new permit until some addition sampling
/data analysis can be completed. Please see the attached report and site map. The other 3 sites will be inspected next
week.
Please call if questions.
James Moore
704.235.2138
From: Bennett, Bradley
Sent: Monday, September 24, 2018 11:10 AM
To: Khan, Zahid <zahid. khan @ncdenr.eov>; Moore, James <iames.moore@ncdenr.eov>; Broadway, Chad
(Chad.Broadway@mecklenbur caunty_nc. ov) <Chad, Broadwamecklenbur count nc. ov>
Subject: RE: Four Permit Renewals in Mecklenburg County
Hey Guys,
Left off one contact in case you needed it. Please add for IGM Resins:
Kim Ackerman — k.ackerman i mresins.com — (c) 704 4918215 or (0) 704 945 8741
Thanks
BB
From: Bennett, Bradley
Sent: Monday, September 24, 2018 7:39 AM
To: Khan, Zahid <zahid.khan@ncdenr.Rov>; Moore, James <lames.moore@ncdenr.goy>; Broadway, Chad
(Chad.Broadway@mecklenburRcopntync.Boy) <Chad. Broadway@ mecklenbur count nc, ov>
Subject: RE: Four Permit Renewals in Mecklenburg County
Hey Guys,
Sorry I forgot to include contacts in the previous email for setting up a site visit. See below:
NCS000040 — Charlotte Pipe
David Waggoner - daggoner@charlottepipe.com — (704) 348-5539
Jenny Pappalardo - ipappalardoCcDcharlottepipe.com - (704) 348-5513
NC5000049 — IMG Resins
Gerald Walker—grwaiker@igmresins.com — (704) 945-8702
NCS000304 — Gerdau Ameristeel
Bob Churchill — bob.churchill@Rerdau.com — (704) 596-0361 x3128
Jill Gee — lIII Pee@gerdau.com — (704) 596-0361 x3035
NCS000315 — Nexeo Solutions
Chris Byerman — cbyermanenexeosolutions.com — (281) 297-5831 ** He is located in Texas but was the main permit
contact
Tim Nightwine—tinightwine@nexeosolutions.com — (704) 391-6877
BB
From: Bennett, Bradley
Sent: Wednesday, September 19, 2018 3:34 PM
To: Khan, Zahid <zahid.khan 2 ncdenr. ov>; Moore, James <iames.moore@ncdenr.gov>; Broadway, Chad
(Chad.Broadwa mecklenbur count nc. ov) <Chad.Broadwa mecklenbur count nc. ov>
Subject: Four Permit Renewals in Mecklenburg County
Hey Guys,
I have four more Mecklenburg County stormwater permit renewals heading to public notice. These will all appear in a
public notice in the Charlotte Observer on Friday Sept 21" and the comment period will run through October
21". Please take a look at the draft permits at the Laserfiche links below and let us know if you have any
r
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questions/concerns. It would be helpful if you could schedule a site visit for each facility and check these out if possible
over the next 30 days. The Laserfiche links have the draft permit and cover letter and other information that is part of
the renewal file. Let me know if you need any other information or have any problems accessing the files. Below for
each I have included some areas for review.
NCS000040 — Charlotte Pipe and Foundry Co. — 1335 S. Clarkson St.
https://edocs.deg.nc.pov/Stormwater/Browse.aspx?id=720757&dbid=0&repo=WaterResources
This facility probably needs some review of their outfall locations. They have some areas where they have questions
since at least one outfall (005A) doesn't get much flow. The facility continues to have some issues with some metals
(Cu, Pb and Zn remain in the permit).
NCS000049 — IMG Resins USA, Inc. — 3300 Westinghouse Blvd.
https://edocs.deg.nc.gov/Stormwater/Browse.asox?id=720887&dbid=0&repo=WaterResources
One big issue with this facility relates again to outfalls. Back in 2010 there was an inspection that found that a perimeter
swale around the facility may instead be a stream segment. They had been monitoring the swale. We asked them to
instead monitor an outfall to the swale. After talking with them I think this really needs to be worked out at the
site. The correspondence from before is in the Laserfiche folder.
NCS000304 — Gerdau Ameristeel US, Inc. — 6601 Lakeview Rd.
httos://edocs.deg.nc.gov/Stormwater/Browse.aspx?id=706112&dbid=0&repo=WaterResources
This facility has a number of ponds onsite and they capture and use a lot of stormwater in their industrial process. The
ponds are pumped from on to another until it gets to the North pond which feeds into their industrial process use. They
also have a closed loop wastewater recycle system. Process water apparently doesn't comingle with the stormwater but
probably a good idea to check that. The stormwater outfalls appear to only discharge when there are larger storms that
lead to overflow from the ponds (they indicated 2yr storm or more). They want to continue monitoring one outfall (4)
as representative. Probably worth reviewing this to make sure it is okay. Look at the review material in the files along
with the documents they provided. They describe their stormwater flow pretty well and give some maps that help
also. There was an issue in a 2013 inspection about potential dry weather flow from their landfill and they never
responded to the regional office's request to provide info on this. The current staff have indicated that they feel that all
of the leachate is properly collected and the flow was from surface runoff that takes a while to work its way to the
outfall. Probably worth check on this also.
NCS000315 -- Nexeo Solutions, LLC — 3930 Glenwood Rd
https://edocs.deg. nc.gov/Stormwater/Browse.aspx?id=721118&dbid-0&repo=WaterResources
Take a look at the review document in the Laserfiche folder. There were some questions we asked that we haven't
heard back on yet. Related to two outfalls that were removed from the most recent site plan and getting more
information on the containment pond onsite and how it functions, when it discharges, etc.
Sorry for the long email. Hope it is some help. Let me know if you have any questions. My time here as a temp is
winding down. I should be here through a good bit if not all of October, so hopefully we can get these moving toward
issuance before then.
Thanks!
BB
Bradley Bennett
Stormwater Program . Note New Phone Number
NC Division of Energy, Mineral & Land Resources Phone: (919) 707-3646
512 N. Salisbury Street Fax: (919) 807-6494
1612 Mail Service Center Email: bradley.ben nett(&.ncdenr.gov
Raleigh, NC 27699-1612
The To rtotte Obscruer
chariotteobservencom
LakeNorman I SO;U rH:�'?�RX � Carolina Bride®I �V ' .N w a A Z , N e „
AFFIDAVIT OF PUBLICATION
Account #
Ad Number
I Identification
313698
0003860043
1 NC DIV. OF ENERGY, MINERALAND LAND RESOURCES INTENT TC
Attention: Laura Alexander
NCDEMLR DIVISION OF ENERGY, MINING AND LAND
RESOURCES
1612 MAIL SERVICE CENTER
RALEIGH, NC 27699
NC DIV. OF ENERGY, MINERAL AND LAND RESOURCES'
INTENT TO ISSUE THE FOLLOWING
STORMWATER DISCHARGE PERMITS
Public comment or objection to the draft permits is Invited. Submit written comments to
DEMLR at the address below. All comments received through October 21, 2018 will be
considered ri the final determination regarding permit issuance and permit provisions.
Applications: The foHowing facilities have applied for renewal of Ihelr NPDES permits to
discharge st.rmwater from their locations In Mecklenburg County.
- Charlotte Pipe and Foundry Co, 1335 S. Clarkson St, Charlotte, NC. The facility discharges to
Irwin Creek in the Catawba River Basin, Permit NCS000040.
• IGM Resins USA, Inc, 3300 Westinghouse Blvd, Charlotte, NC. The laculty discharges to
Steele Creek in the Catawba River Basin. Permit NCSOD0048.
• Gordou Amodatool UE, Inc, 8801 L¢Iroviow nd, Charlotte, NC. The faeillty discharges to Long
Creek in the Catawba River Basin. Permit NCS000304.
• Nexeo Solution a, LLC, 39M Glenwood Rd, Charlotte, NC. The facility discharges to a UT to
Stewart Creek in the Catawba River Basin. Permit NCS000315.
Stormwater Program Contact: Bradley Bennett
{919) 7073646
bradley.bernett@nCdonr.gov
A copyy of the, draft permit is available at: https:llbh.ly/ JSl51 s, Additional permit documents are
available for the reproduction cost ot:
DEM;.,R Stormwater Program
512 N. Salisbury Street
1612 Maif Service Center
Raleigh, NC 27699.1612
4P3860043
RECEIVED
OCT 0 2 20113
DEER -LAND OIJALITY
STORIVVATER FERNil J'TING
North Carolina } SS
Mecklenburg County }
Before the undersigned, a Notary
Public of said County and State, duty
authorized to administer oaths
affirmations, etc., personally
appeared, being duly sworn or
affirmed according to law, doth
depose and say that he/she is a
representative of The Charlotte
Observer Publishing Company, a
corporation organized and doing
business under the laws of the State
of Delaware, and publishing a
newspaper known as The Charlotte
Observer in the city of Charlotte,
County of Mecklenburg, and State of
North Carolina and that as such
he/she is familiar with the books,
records, files, and business of said
Corporation and by reference to the
files of said publication, the attached
advertisement was inserted. The
following is correctly copied from the
books and files of the aforesaid
Corporation and Publication.
1 Insertion(s)
Published On:
September 21, 2018
Tegan fA. Shinn, Accounting Clerk
In Te imony ereof I have h eunto t
my han affixed my seal on 6th
day of September, 2018
My Commission Expires: 12/11/2022
Notary Signature
Energy. Mir2eral
and Land Resources
ENVIRONMENTAL GUAL,ITV
September 19, 2018
Mr. Gerald Walker
IGM Resins USA, Inc.
3300 Westinghouse Blvd
Charlotte, NC 28237
ROY COOPER
( :'• m1or
MICHAE1, S. RI?GAN
WILLIAM E. (`I'OBY) VINSON. JR.
Subject: Draft NPDES Stormwater Permit
Permit No. NCS000049
IGM Resins USA, Inc.
Mecklenburg County
Dear Mr. Walker:
Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft
carefully to ensure thorough understanding of the conditions and requirements it contains.
The draft permit contains the following significant changes from the facility's current permit:
1. You are required to collect analytical and qualitative monitoring samples during "measurable storm
events" as defined in Part 11, Section B. This term is different from the "representative storm event" in
earlier permits.
2. Requirements for the Stormwater Pollution Plan (SPPP) have been updated in Part 11, Section A.
3. Monitoring requirements in the draft permit have changed from the previous permit. Monitoring is
proposed for Total Suspended Solids (TSS), Chemical Oxygen Demand (COD), and pH. Based on monitoring
results reported the Division has determined that these parameters are appropriate for assessing potential
impacts from your discharge. Monitoring results from the previous permit cycle for Biological Oxygen
Demand (BOD) has been consistently below the benchmark values. The draft permit proposes to remove
this parameter from the permit. Comments from our regional staff or other information may result in
maintaining these parameters or adding other parameters if it is apparent that your activities in some way
have the potential to release them through stormwater runoff.
Please note that in a call with you and Kim Ackerman on August 29, 2018 we discussed a potential issue
with your facility's monitoring locations. This relates back to previous site inspections that indicated you
may be sampling at one location that is potentially a stream segment Our Mooresville Regional Office had
previously relayed a need to sample at a new outfall 005 rather than at outfall 004. This issue is one that
our regional staff will want to discuss at an upcoming site visit.
Stormwater benchmarks remain in the permit as before. Keep in mind that benchmarks are not permit
limits, but rather guidelines for implementing the Stormwater Pollution Prevention Plan (SPPP). A
benchmark exceedance is not a permit violation; however, the permittee must respond to exceedances. The
draft permit has modified the tiered response process for benchmark exceedances consistent with
other permits in our program. Please become familiar with the tiered process as proper response under the
tiers may be enforceable items under your permit. Response to the tiered process may include review of
onsite conditions, installation of BMPs or requirements for more frequent monitoring.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
1612 Mail Service Center 1512 North Salisbury Street I Raleigh, NC 27699.1612
919 707 9200 T
NCS000049 Draft Permit
Page 2
4. Vehicle maintenance (Tables 4 & 5) monitoring parameters have been revised. Non -Polar Oil & Grease
[EPA Method 1664 (SGT-HEM)] replaces Oil & Grease/TPH. The benchmark for Non -polar Oil & Grease
using this method is 1S mg/L. This requirement appears in all individual stormwater permits; however, it
only applies to facilities that perform onsite vehicle maintenance activities. If the facility begins vehicle
maintenance during the permit cycle, the requirements shall apply. Also, pH monitoring is no longer
required for discharges only associated with vehicle maintenance activities.
The vehicle maintenance language in the permit has also been modified to clarify that these activities
include not just vehicles, but also other similar equipment maintenance activities that may be exposed to
Stormwater. This has always been the Division's implementation of this requirement, but hopefully the
adjusted language is a little clearer about this process.
S. Language has been added under Part II Section D to address potential responses to qualitative
monitoring issues.
6. A new section on Special Conditions has been added in Part 11, Section E to comply with federal regulations
requiring electronic submittal of discharge monitoring reports. Our electronic submittal process is not
available for use at this time, but we will continue to provide feedback on when this process will be
available.
7. Civil and administrative penalty amounts have been updated to reflect current federal law in Part III,
Section A, 2(b) and (g).
8. The definition of Bulk Storage of Liquid Materials was revised in Part IV Definitions to omit the language
"located in close proximity to each other" as it applies to multiple above ground storage containers having a
combined storage of 1,320 gallons.
9. To address workload issues in the Stormwater Program we are working to have similar numbers of
individual permits for renewal over each of the next five years. In order to accomplish this some of our
permit renewals will be issued for time periods shorter than the usual Five year cycle. Your permit renewal
is proposed to expire in 2021.
Please review the draft permit and submit any comments to me no later than 30 days following your receipt of
the draft. Comments maybe emailed tome at bradley.bennetlPncdenr.gov or mailed to my attention at NC
DEMLR, Stormwater Permitting Program, 1612 Mail Service Center, Raleigh, NC 27699-1612. With this
notification the Division will solicit comment on this draft by publishing a notice in a local newspaper.
Following the 30 day public comment period, the Division will review comments and take appropriate action
prior to issuance of the final permit.
If you have any questions, please email me or call me at (919) 707-3646.
Sincerely,
Original Signed by Bradley Bennett
Bradley Bennett
Stormwater Permitting Program
Attachment: Draft Permit NCS000049
cc: Zahid Khan, DEMLR Mooresville Regional Office- via email
Chad Broadway, Charlotte -Mecklenburg Stormwater Services - via email
Stormwater Permitting Program Files
Permit No. NCS000049 DRAFT
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
TO DISCHARGE STORMWATER UNDER THE
NATIONAL PO Lh UTANI pISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carol ina,Geneeal6t'atute 143-215.1, other lawful
standards and regulations promulgated and adopted -by the North Carolina Environmental
\.
Management Commission, and the Federal Water P�dllution Control Act, as amended,
IGM Resins'USA; Inc.
is hereby authorizeadischarge stormwater from a facility located at
;IGM,Resins USA, Inc.
,00'Westinghouse Blvd
i'# Charlotte, NC
Mecklenburg County
to receiving waters designated as Steele Creek, a class C stream in the Catawba River Basin, in
accordance with the discharge limitations, monitoring requirements, and other conditions set
forth in Parts I, 11, III, and IV hereof.
Note: Draft Permit Dates are Approximate
This permit shall become effective [November 1, 2018].
This permit and the authorization to discharge shall expire at midnight on [October 31, 2021].
Signed this day [October 31, 20181.
for William E. (Toby) Vinson Jr., P.E., CPESC, CPM, Interim Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
r
Permit No. NCS000049 DRAFT
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONSTOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Tlan`��
Section B: Analytical Monitoring Require m-lents�_
Section C: Qualitative Monitoring R quirements
Section D: Special Conditions
PART III STANDARD CONDITION FOR NPDES STORMWATER INDIVIDUAL PERMITS
Section A: Compliant( .a d 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
11. Onshore or Offshore Construction
12. Duty to Reapply
8
Permit No. NCS000049 DRAFT
Section B: General Conditions
1. Permit Expiration
2, Transfers
3. Signatory Requirements
4. Permit Modification, Revocation and Reissuance, or Termination
S. Permit Actions
6. Annual Administering and Compliance Monitoring Fee
Requirements
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance;
t�" '; ;_
2. Need to Halt or Reduce No0� 1)efens0i
Ii IIIA4�
3. Bypassing of Stormwater Control,Facilities
Section D: Monitoring and Records
1.
Representative Sain` piing ,
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
a
5.
Rep entative'Outfall
6.
Records,Retention
7.
iNN!"
Inspe0G 1
`ction and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
M
Permit No. NCS000049 DRAFT
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 Cli R §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES
stormwater discharge permit requirements. Any owner or operator wishing to obtain a No
Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to
the Division; must receive approval by the Division; must maintain no exposure conditions
unless authorized to discharge under a valid NPDES stormwater permit; and must recertify
the No Exposure Exclusion annually.
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 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 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.
Page - 1
SECTION C: LOCATION MAP
Permit No. NCS000049 DRAFT
Latitude: 35" 08' 09" N
Longitude: 80' 57' 43" W
County: Mecklenburg
Stream Class: C
Receiving Stream: Steele Creek
Sub -basin: 03-08-34 (Catawba River Basin)
NCS000049
IGM Resins USA, Inc.
Page - 2
Facility
Location
effotth
Permit No. NCS000049 DRAFT
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan
(SPPP). The SPPP shall be maintained on site unless exempted from this requirement by
the Division. The SPPP is public information in accordance with Part III, Standard
Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum,
the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility
and the potential pollutant sources that may be expected to contribute to
contamination of stormwater discharges. The Site Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters; the name of the receiving waters to which the stormwater outfalls
discharge, or if the discharge is to a municipal separate storm sewer system, the
name of the municipality and the ultimate receiving waters; and accurate latitude
and longitude of the points of stormwater discharge associated with industrial
activity. The general location map (or alternatively the site map) shall identify
whether any receiving waters are impaired (on the state's 303(d) list of impaired
waters) or if the site is located in a watershed for which a TMDL has been
established, and what the parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants that
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary;
the stormwater discharge outfalls; all on -site and adjacent surface waters and
wetlands; industrial activity areas (including storage of materials, disposal areas,
process areas, loading and unloading areas, and haul roads); site topography and
finished grade; all drainage features and structures; drainage area boundaries and
total contributing area for each outfall; direction of flow in each drainage area;
industrial activities occurring in each drainage area; buildings; stormwater Best
Management Practices (BMPs); and impervious surfaces. The site map must
indicate the percentage of each drainage area that is impervious, and the site map
must include a graphic scale indication and north arrow.
(d) A list of significant spills or leaks of pollutants during the previous three (3) years
and any corrective actions taken to mitigate spill impacts.
Page - 3
Permit No. NCS000049 DRAFT
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The permittee shall re -certify annually that the
stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. The certification statement will be signed in accordance with the
requirements found in Part III, Standard Conditions, Section B, Paragraph 3.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall
contain a narrative description of the materials management practices employed which
control or minimize the stormwater exposure of significant materials, including
structural and nonstructural measures. The Stormwater Management Strategy, at a
minimum, shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to rainfall and run-on flows. Wherever practical, the
permittee shall prevent exposure of all storage areas, material handling operations,
and manufacturing or fueling operations. In areas where elimination of exposure is
not practical, this review shall document the feasibility of diverting the Stormwater
run-on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section 313
of Title III of the Superfund Amendments and Reauthorization Act (SARA) water
priority chemicals; and storage in any amount of hazardous substances, in order to
prevent leaks and spills from contaminating stormwater runoff. A table or summary
of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected to
stormwater conveyance systems, the connection shall be controlled by manually
activated valves or other similar devices (which shall be secured closed with a
locking mechanism). Any stormwater that accumulates in the containment area
shall be at a minimum visually observed for color, foam, outfall staining, visible
sheens and dry weather flow, prior to release of the accumulated stormwater.
Accumulated stormwater shall be released if found to be uncontaminated by any
material. Records documenting the individual making the observation, the
description of the accumulated stormwater, and the date and time of the release
shall be kept for a period of five (S) years. For facilities subject to a federal oil Spill
Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan
fully compliant with the requirements of this permit may be used to demonstrate
compliance with this permit. The Division may allow exceptions to secondary
containment requirements for mobile refuelers, as with the exemption provided by
amendments to federal SPCC regulations, as long as appropriate spill containment
and/or diversionary structures or equipment is used to prevent discharge to surface
waters. Exceptions do not apply to refuelers or other mobile tankage used primarily
as bulk liquid material storage in a fixed location in place of stationary containers.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs
Page - 4
Permit No. NC5000049 DRAFT
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and on data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
3. Spill Prevention and Response Procedures. The Spill Prevention and Response
Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based
on a materials inventory of the facility. Facility personnel responsible for implementing
the SPRP shall be identified in a written list incorporated into the SPRP and signed and
dated by each individual acknowledging their responsibilities for the plan. A
responsible person shall be on -site at all times during facility operations that have
increased potential to contaminate stormwater runoff through spills or exposure of
materials associated with the facility operations. The SPRP must be site stormwater
specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC)
may be a component of the SPRP, but may not be sufficient to completely address the
stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may
be incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed and implemented.
The program shall address all stormwater control systems (if applicable), stormwater
discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial
activity areas (including material storage areas, material handling areas, disposal areas,
process areas, loading and unloading areas, and haul roads), all drainage features and
structures, and existing structural BMPs. The program shall establish schedules of
inspections, maintenance, and housekeeping activities of stormwater control systems,
as well as facility equipment, facility areas, and facility systems that present a potential
for stormwater exposure or stormwater pollution where not already addressed under
another element of the SPPP. Inspection of material handling areas and regular
cleaning schedules of these areas shall be incorporated into the program. Timely
compliance with the established schedules for inspections, maintenance, and
housekeeping shall be recorded and maintained in the SPPP.
5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur
as part of the Preventative Maintenance and Good Housekeeping Program at a
minimum on a semi-annual schedule, once during the first half of the year (January to
June), and once during the second half (July to December), with at least 60 days
separating inspection dates (unless performed more frequently than semi-annually).
These facility inspections are different from, and in addition to, the stormwater
discharge characteristic monitoring at the outfalls required in Part 11 B, C, and D of this
permit.
6. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill
response and cleanup, preventative maintenance activities, and for any of the facility's
operations that have the potential to contaminate stormwater runoff. The facility
Page - 5
Permit No. NCS000049 DRAFT
personnel responsible for implementing the training shall be identified, and their
annual training shall be documented by the signature of each employee trained.
7. Responsible Party. The SPPP shall identify a specific position or positions responsible
for the overall coordination, development, implementation, and revision of the SPPP.
Responsibilities for all components of the SPPP shall be documented and position
assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP
whenever there is a change in design, construction, operation, site drainage,
maintenance, or configuration of the physical features which may have a significant
effect on the potential for the discharge of pollutants to surface waters. All aspects of
the SPPP shall be reviewed and updated on an annual basis. The annual update
shall include:
(a) an updated list ofsignificant spills or leaks of pollutants for the previous three
(3) years, or the notation that no spills have occurred (element of the Site
Overview);
(b) a written re -certification that the stormwater outfalls have been evaluated for
the presence of non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on -site stormwater
BMPs (BMP Summary element of the Stormwater Management Strategy).
(d) a review and comparison of sample analytical data to benchmark values (if
applicable) over the past year, including a discussion about Tiered Response
status. The permittee shall use the Division's Annual Summary Data
Monitoring Report (DMR) form, available from the Stormwater Permitting
Program's website (See: https:Hdeq.nc.god/about/divisions/energy-mineraI-land-
resources/npdes-stormwater-individuals.
The Director may notify the permittee when the SPPP does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee
shall submit a time schedule to the Director for modifying the SPPP to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part 111, Standard Conditions, Section B, Paragraph 3) to the Director that the changes
have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution
Prevention Plan and all appropriate BMPs consistent with the provisions of this permit,
in order to control contaminants entering surface waters via stormwater.
Implementation of the SPPP shall include documentation of all monitoring,
measurements, inspections, maintenance activities, and training provided to
employees, including the log of the sampling data and of actions taken to implement
BMPs associated with the industrial activities, including vehicle maintenance activities.
Such documentation shall be kept on -site for a period of five (5) years and made
available to the Director or the Director's authorized representative immediately upon
request.
Page - 6
Permit No. NCS000049 DRAFT
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1.
All analytical monitoring shall be performed during a measurable storm event at each
stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with
industrial activity must be sampled (See Definitions).
A measurable storm event is a storm event that results in an actual discharge from the
permitted site outfall. The previous measurable storm event must have been at least 72 hours
prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter
interval is representative for local storm events during the sampling period, and the permittee
obtains approval from the local DEMLR Regional Engineer. See Definitions.
The permittee shall compare monitoring results to the benchmark values in Table 1.
Exceedances of benchmark values require the permittee to increase monitoring, increase
management actions, increase record keeping, and/or install stormwater Best Management
Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and
Tier Three response actions below. In the event that the Division releases the permittee from
continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's
release letter may remain in effect through subsequent reissuance of this permit, unless the
release letter provides for other conditions or duration.
The benchmark values in Table 1 are not permit limits but should be used as guidelines for
implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value
is not a permit violation, however, failure to respond to the exceedance as outlined in this
permit is a violation of permit conditions.
Please note that the parameters in the last two rows in Table 1 (non -polar oil and grease
and new motor oil usage) are only required for outfalls that discharge runoff from vehicle
or equipment maintenance areas in which more than 55 gallons of new motor oil and/or
hydraulic oil per month is used when averaged over the calendar year.
Table 1. Analytical Monitoring Requirements
Parameter
Discharge
Measurement
Sample
Sample
Bench-'
Code,
Characteristics
Units
Fre uenc 1
T ex
Location3
mark
340
Chemical Oxygen Demand COD
m L
semi-annual
Grab
SDO
120
C0530
Total Suspended Solids (TSS)
m L
semi-annual
Grab
SDO
100
400
1 pli
standard
semi-annual
Grab
SDO
6-9
46529
Total Rainfall4
inches
semi-annual
Rain Gauge
-
Non -Polar Oil & Grease by EPA
552
Method 1664 (SGT-HEM) for
mg/L
semi-annual
Grab
SDO
15
outfalls with vehicle/equipment
maintenance activitiess
New Motor Oil Usage
for outfalls with vehicle/
Gallons/
semi-annual
Estimate
-
-
equipment maintenance
month
activitiess
Page - 7
Permit No. NCS000049 DRAFT
Footnotes:
1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly
sampling) during a measurable storm event, until either another permit is issued for this facility or until
this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three
response actions under the previous permit, the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or
the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30
minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be
kept on site.
4 For each sampled measurable storm event, the total precipitation must be recorded. An on -site rain gauge
is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading
may be substituted for an on -site reading.
S This parameter is only required for outfalls that discharge runoff from vehicle / equipment maintenance
areas in which more than 55 gallons of new motor oil per month is used when averaged over the
calendar year.
The permittee shall complete the analytical samplings in accordance with the schedule
specified below in Table 2, unless adverse weather conditions prevent sample collection
(see Adverse Weather in Definitions). Sampling is not required outside of the facility's
normal operating hours. 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. Inability to sample because of adverse weather conditions must be documented
in the SPPP and recorded on the DMR. The permittee must report the results from each
sample taken within the monitoring period (see Part III, Section E). However, for purposes
of benchmark comparison and Tiered response actions, the permittee shall use the
analytical results from the first sample with valid results within the monitoring period.
Table 2. Monitoring Schedule
u�,it11C 1tIi 9 j$33 Sari3 t ' j9"j.
�� �:Sem>E Annuah',�
€4t_e 4ESI 3ll .-:N }
StartDatei �r
Iw ' :p3 i j'!{, l;ys
i.EndDate `
,,Monitoring`Eventst z
(All Years)3
(AII Years) 3 .
Period 1
January 1
June 30
Period 2
July 1
December 31
F.fL4�Cl4tes:
1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this
permit is revoked or rescinded. The permittee must submit an application for renewal of coverage
before the submittal deadline (180 days before expiration) to be considered for renewed coverage
under the permit. The permittee must continue analytical monitoring throughout the permit
renewal process, even if a renewal permit is not issued until after expiration of this permit.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period.
3 Monitoring periods remain consistent through the permit term and through the renewal process.
Failure to monitor semi-annually per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period. "No discharge" from an
outfall during a monitoring period does not constitute failure to monitor, as long as it is
properly recorded and reported.
Page - 8
Permit No. NCS000049 DRAFT
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any
parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling
results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and'select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations
within the benchmark range.
4. Implement the selected feasible actions within two months of the inspection.
S. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark
exceedance, the inspection date, the personnel conducting the inspection, the selected actions, and the
date the selected actions were implemented.
6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response.
Tier Two
If: The first valid sampling results from two consecutive monitoring periods (omitting periods with no
discharge) are above the benchmark values, or outside of the benchmark range, for any specific parameter at
a specific discharge outfall;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct
monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two
consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three
consecutive sample results are below the benchmark values or within benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the
option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional
Engineer may direct the response actions on the part of the permittee as provided in Tier Three,
including reduced or additional sampling parameters or frequency.
S. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
Tier Three
If The valid sampling results required for the permit monitoring periods exceed the benchmark value, or
are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the
permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth
analytical results;
Then: The Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency for
some or all of the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize impacts on
receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
Page - 9
Permit No. NCS000049 DRAFT
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater
pollution. Qualitative monitoring of stormwater outfalls must be performed during a
measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status. Qualitative monitoring shall be performed semi-annually
during required analytical monitoring events (unless the permittee is required to perform
further qualitative monitoring per the Qualitative Monitoring Response, below). inability
to monitor because of adverse weather conditions must be documented in the SPPP and
recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions).
Only SDOs discharging stormwater associated with industrial activity must be monitored
(See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee
shall document the suspected cause of the condition and any actions taken in response to
the discovery. This documentation will be maintained with the SPPP.
Table 6. Qualitative Monitoring Requirements
Discharge CharacteristIcs!� E ��r
7'
Frequencyt
'Mon or�ng,
hocation2
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 Monitoring Frequency: Twice per year during a measurable storm event unless other provisions of this
permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods. The permittee must
continue qualitative monitoring throughout the permit renewal process until a new permit is issued.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status.
A minimum of 60 days must separate monitoring dates, unless additional sampling has
been instituted as part of other analytical monitoring requirements in this permit.
Page - 10
Permit No. NCS000049 DRAFT
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are
ineffective, or that significant stormwater contamination is present, the permittee shall
investigate potential causes, evaluate the feasibility of corrective actions, and implement
those corrective actions within 60 days, per the Qualitative Monitoring Response, below.
Awritten record of the permittee's investigation, evaluation, and response actions shall be
kept in the Stormwater Pollution Prevention Plan.
ualitative Monitoring Response
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new
potential sources of stormwater pollution, and prompting the permittee's response to pollution. If
the permittee repeatedly fails to respond effectively to correct problems identified by qualitative
monitoring, or if the discharge causes or contributes to a water quality standard violation, the
Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for some
or all parameters (analytical or qualitative)
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
SECTION D: SPECIAL CONDITIONS
ELECTRONIC REPORTING OF MONITORING REPORTS [G.S.143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and
became effective on December 21, 201S.
NOTE: This special condition supplements or supersedes the following sections within
Part III of this permit (Standard Conditions for NPDES Permits):
• Section B. (3.) Signatory Requirements
• Section D, (6.) Records Retention
• Section E. (1.) Discharge Monitoring Reports
• Section E. (2.) Submitting Reports
1. ReDortinE RequirementsfSut)olements-S.ection-E._Il.]_and_Suners.ede&&-ction-L
J�1
Effective December 21, 2016 or when the agency's electronic reporting system is able
to accept NPDES stormwater permit monitoring data, the permittee shall report
discharge monitoring data electronically using the NC DWR's Electronic Discharge
Page - 1 I
Permit No. NCS000049 DRAFT
Monitoring Report (eDMR) internet application. NC DEMGR will notify permittees
when eDMR is ready to accept stormwater monitoring data.
Monitoring results obtained during the previous month(s) shall be summarized for each
month and submitted electronically using eDMR. The eDMR system allows permitted
facilities to enter monitoring data and submit DMRs electronically using the internet.
Until such time that the state's eDMR application is compliant with EPA's Cross -Media
Electronic Reporting Regulation (CROMERR), permittees will be required to submit all
discharge monitoring data to the state electronically using eDMR and also will be
required to complete the eDMR submission by printing, signing, and submitting one
signed original and a copy of the computer printed eDMR to the following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due
to the facility being physically located in an area where less than 10 percent of the
households have broadband access, then a temporary waiver from the NPDES
electronic reporting requirements may be granted and discharge monitoring data may
be submitted on paper DMR forms or alternative forms approved by the Director.
Duplicate signed copies shall be submitted to the mailing address above. See "How to
Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due no later than 30 days from
the date the facility receives the sampling results from the laboratory.
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least sixty
(60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not
exceed 5 years and shall thereupon expire. At such time, monitoring data and reports
shall be submitted electronically to the Division unless the permittee re -applies for and
is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver
are found on the following web page:
h de ,nc. gov.1gibut di i ion water-resourceled mr
Page - 12
Permit No. NCS000049 DRAFT
3. Signatory Requirements [Supplements Section U. (3.) (b) and Supersedes Section
B. (3.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part III, Section B. (3.) (a) or by a duly authorized representative of that
person as described in Part III, Section B. (3.)(b). A person, and not a position, must be
delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the eDMR system. For more
information on North Carolina's eDMR system, registering for eDMR and obtaining an
eDMR user account, please visit the following web page:
htt ate:. //deq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system
shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
'7 certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properlygather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible forgathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
pen altiesfor submitting false information, including the possibility offines and
imprisonmentfor knowing violations."
4. Records Retention [Supplements_SectiorLD-Gill
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3
years from the date of the report. This period may be extended by request of the
Director at any time [40 CFR 122.411.
Page - 13
Permit No. NCS000049 DRAFT
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. ComplianceSchedule
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 1I, 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: 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
stormwater discharges from the operation of the industrial activity.
Existing facilities previously permitted and applying for renewal: All requirements, conditions,
limitations, and controls contained in this permit (except new SPPP elements in this permit renewal)
shall become effective immediately upon issuance of this permit. New elements of the Stormwater
Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6
months of the effective date of this permit and 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 stormwater discharges from the operation of the industrial activity.
2. DAY to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes
a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal
application [40 CFR 122.411.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of
the CWA for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement [40 CFR 122.41].
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of
the Act, or any permit condition or limitation implementing any such sections in a permit issued
under section 402, or any requirement imposed in a pretreatment program approved under
sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $51,570 per
day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)].
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308,
318, or 405 of the Act, or any condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, or any requirement imposed in a pretreatment
program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or
both. In the case of a second or subsequent conviction for a negligent violation, a person shall be
subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment
of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)].
Page - 14
Permit No. NCS000049 DRAFT
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both. In the case of a second or subsequent conviction for a knowing violation, a person
shall be subject to criminal penalties of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)].
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act,
or any permit condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, and who knows at that time that he thereby places another person in
imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of
not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a
second or subsequent conviction fora knowing endangerment violation, a person shall be
subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and
can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)].
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against
any person who violates or fails to act in accordance with the terms, conditions, or requirements
of a permit [North Carolina General Statutes § 143-215.6A].
g. Any person may be assessed an administrative penalty by the Administrator for violating section
301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act.
Administrative penalties for Class 1 violations are not to exceed $20,628 per violation, with the
maximum amount of any Class 1 penalty assessed not to exceed $51,570. Penalties for Class 11
violations are not to exceed $20,628 per day for each day during which the violation continues,
with the maximum amount of any Class lI penalty not to exceed $257,848 [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)].
3. Duly to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
permit which has a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
4. Civil and Criminal Liability
Except as provided in Part Ill, Section C of this permit regarding bypassing of stormwater control
facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the
Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages,
such as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
S. Oil and Hazardous Substance_ Liability
Nothing in this 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 permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)].
Page - 15
Permit No. NCS000049 DRAFT
Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of
any provision of this permit to any circumstances, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23].
8. Day to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Permit Issuing
Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)].
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not
more than two years per violation, or by both. If a conviction of a person is for a violation committed
after a first conviction of such person under this paragraph, punishment is a fine of not more than
$20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411._
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 permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
11. Onshore pr Qahore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
12. Day to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
SECTION B: GENERAL CONDITIONS
1. 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, unless permission for a later date has been granted by the Director. (The Director
shall not grant permission for applications to be submitted later than the expiration date of the
existing permit) [40 CFR 122.21(d)]. 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 §143-215.36 and 33 USC 1251 et. seq.
Page - 16
Permit No, NCS000049 DRAFT
2. Transfers
This permit is not transferable to any person without prior written notice to and approval from the
Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with
NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation
and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate
such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3),122.61] or state
statute. The Permittee is required to notify the Division in writing in the event the permitted
facility is sold or closed.
Signa. tory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed
and certified [40 CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing, production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure
long term environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions taken to gather complete
and accurate information for permit application requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with corporate
procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, state, federal, or other public agency: by either a principal executive
officer or ranking elected official [40 CFR 122.221.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described in paragraph a. above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters for the company.
(A duly authorized representative may thus be either a named individual or any individual
occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221.
c. Changes to authorization: if an authorization under paragraph (b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements of paragraph (b) of this section must
be submitted to the Director prior to or together with any reports, information, or applications to
be signed by an authorized representative [40 CFR 122.22].
Page - 17
Permit No. NCS000049 DRAFT
d. Certification. Any person signing a document under paragraphs a. or b. of this section, or
submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR
122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
7 certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properlygather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible forgathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
4. Permit Modification. RevocationTermination
The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the 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 permit condition [40 CFR
122.41(f)].
6. Annual Administering and Compliance_Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation_and_Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision requires
the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of this permit [40
CFR 122.41(e)].
2. Deed 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
permit [40 CFR 122.41(c)].
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass
unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater, or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
Page - 18
Permit No. NCS000049 DRAFT
c. The permittee submitted notices as required under, Part I11, 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
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume
and nature of the permitted discharge. Analytical sampling shall be performed during a measurable
storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. Monitoring points as specified in this permit shall not be changed without
notification to and approval of the Permit Issuing Authority [40 CFR 122.410)].
2. Recordine Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee
shall record the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge
requirements, then the most sensitive (method with the lowest possible detection and reporting
level) approved method must be used.
5. Representative_Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that
are required to be sampled, the permittee may petition the Director for representative outfall status.
If it is established that the stormwater discharges are substantially identical and the permittee is
granted representative outfall status, then sampling requirements may be performed at a reduced
number of outfalls.
Page - 19
Permit No. NCS000049 DRAFT
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
o all calibration and maintenance records,
o all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this permit, including Discharge Monitoring Reports
(DMRs),
o copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 5 years from the date of the
sample, measurement, report or application. This period may be extended by request of the Director
at any time [40 CFR 122,41).
113spection 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 permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location [40
CFR 122.41(i)].
SECTION E: REPORTING REQUIREMENTS
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to
the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR
forms are available on the Division's website (littps://deg.nc.,Rov/about/divisions/energy-
mineral-land-resources/n des-stormwater-individual . Regardless of the submission method
(paper or electronic), submittals shall be delivered to the Division or appropriate authority no later
than 30 days from the date the facility receives the sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required
to submit a discharge monitoring report, within 30 days of the end of the specified sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T1SA 02B .0506.
If the permittee monitors any pollutant more frequently than required by this permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or
other appropriate instrument governing the discharge, the results of such monitoring shall be
included in the data submitted on the DMR [40 CFR §122.41(1)].
Page - 20
Permit No. NCS000049 DRAFT
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division, except upon the Division's
specific requirement to do so. Qualitative Monitoring Report forms are available at the website
above.
2. Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be
available for public inspection at the offices of the Division. As required by the Act, analytical data
shall not be considered confidential. Knowingly making any false statement on any such report may
result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of
the Federal Act.
4.
If the storm event monitored in accordance with this permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under all other
applicable discharge permits and provide this information with the stormwater discharge
monitoring report.
S. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged [40
CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in
the permit or subject to notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
ance
The permittee shall give advance notice to the Director of any planned changes at the permitted
facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)].
7. aviL
The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills
as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil
spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any
oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than
25 gallons that cannot be cleaned up within 24 hours.
8. Bypass
Notice [40 CFR 122.41(m)(3)]:
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and effect of the bypass .
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of
an unanticipated bypass.
Page - 21
Permit No. NCS000049 DRAFT
9. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the circumstances.
A written submission shall also be provided within 5 days of the time the permittee becomes
aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR
122.41(I)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section
if the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at
the time monitoring reports are submitted [40 CFR 122.41(1)(7)].
11. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)].
Page - 22
PART IV DEFINITIONS
1. �r
See Clean Water Act.
Permit No. NCS000049 DRAFT
2. Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical.
When adverse weather conditions prevent the collection of samples during the sample period, the
permittee must take a substitute sample or perform a visual assessment during the next qualifying
storm event. Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with SPPP records. Adverse weather, does not exempt the permittee from
having to file a monitoring report in accordance with the sampling schedule. Adverse events and
failures to monitor must also be explained and reported on therelevant'DMR.
t`
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. However, non-stormwater discharges which shall be
allowed in the stormwater conveyance system include: `-�, �>
a. All other discharges that are authorizedjbi non-stormwater NPDES permit.
b. Uncontaminated groundwater, foundation drains,,air-conditioner condensate without added
chemicals, springs, discharges of unciintaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows froth riparian habitats and wetlands.
c. Discharges resulting froth fire fighting or.fire fighting training, or emergency shower or eye
wash as a result of use in the evehtof an emergency.
7 "y..
4. Best ManagementPractices {BMPsI
Measures or practices used to reduce'the amount of pollution entering surface waters. BMPs may
take the form of process, activq' or physical structure. More information on BMPs can be found at:
S. 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, intermediate products, manufactured products, waste materials, or by-
products with a single above ground storage container having a capacity of greater than 660 gallons
or with multiple above ground storage containers having a total combined storage capacity of greater
than 1,320 gallons.
7. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under any General Permit and is signed by the Director.
B. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
9. Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
10. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
Permit No. NCS000049 DRAFT
11.
The North Carolina Environmental Management Commission.
12. Grab -Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively
or qualitatively) must be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term
storage facility or a surface storage facility.
15. Measurable,5tgrm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm
events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two
copies of this information and a written request letter shall be sent to the local DEMLR Regional
Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on
site in the permittee's SPPP.
16. Municipal Separate Storm Sewer System (MS41
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
17. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff. Industrial materials or activities include, but are not limited to, material handling equipment
or activities, industrial machinery, raw materials, intermediate products, by-products, final products,
or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES
Stormwater Permitting requirements only if a facility complies with the terms and conditions
described in 40 CFR §122,26(g).
18. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's
notice of intent to seek coverage under a General Permit.
19. PerMit.Issuing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above).
20. Permittee
The owner or operator issued this permit.
21. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
Page - 24
Permit No. NCS000049 DRAFT
22. 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 Division may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
23.
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to contain the 25-year, 24-hour storm event.
24. 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. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table lI (organic priority pollutants), Table
111 (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
25. Severe Proper Damage
Substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
26. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or
production; hazardous substances designated under section 101(14) of CERCLA; any chemical the
facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges.
27. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section
102 of CERCLA (Ref: 40 CFR 302.4).
28. Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including
but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection
areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina.
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
Page - 25
Permit No. NCS000049 DRAFT
30. 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.
31. 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.
32. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be
found at o
assessment/tmdls /draft-and-annroved-tmdls.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations,
or airport deicing operations. For the purposes of this permit, vehicle maintenance activity includes
equipment maintenance that uses hydraulic oil and that is stored or used outside, or otherwise
exposed to stormwater.
35. Visiblg Sgdiragatatioa
Solid particulate matter, both mineral and organic, that has been or is being transported by water,
air, gravity, or ice from its site of origin which can be seen with the unaided eye.
36. 25-year. 24 hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once
in 25 years.
Page - 26
Energy, Mineral
and Lund Resources
5NVlR0NMEMTAL OLJALITY
DATE: September 17, 2018
TO: Charlotte Observer
EMAIL: �E=MAIL]
ROY COOPER
Gnv<:nrcw
MICHAEL S. R.IEGAN
secretory
WILLIAM F.., (TOBY) VINSON, JR.
Intel im Dircr.tot
FROM: Bradley Bennett, DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
SUBJECT: PUBLIC NOTICE
PAGES: 1
Please publish only the information (Public Notice) attached, ONETIME in the legal section of your paper by,Frday�
5epterribera 21; 2018. Please fax a copy of the proof to Bradley Bennett at (919) 807-6368 for final approval prior to
publication. Within 10 days after publish date; please send the invoice and two copies of the original affidavit to:
Bradley Bennett
NCDEQ/DEMLR
512 N. Salisbury St.
1612 Mail Service Center
Raleigh, NC 27699-1612
NC DIV. OF ENERGY, MINERAL AND LAND RESOURCES' INTENT TO ISSUE THE FOLLOWING
STORMWATER DISCHARGE PERMITS
Public comment or objection to the draft permits is invited. Submit written comments to DEMLR at the address below.
All comments received through October 21, 2018 will be considered in the final determination regarding permit
issuance and permit provisions.
Applications: The following facilities have applied for renewal.of their NPDES permits to discharge stormwater from
their locations in Mecklenburg County.
• Charlotte Pipe and Foundry Co, 1335 S. Clarkson St, Charlotte, NC. The facility discharges to Irwin Creek in the
Catawba River Basin. Permit NCS000040.
• IGM Resins USA, Inc, 3300 Westinghouse Blvd, Charlotte, NC. The facility discharges to Steele Creek in the Catawba
River Basin. Permit NCS000049.
• Gerdau Ameristeel US, Inc, 6601 Lakeview Rd, Charlotte, NC. The facility discharges to Long Creek in the Catawba
River Basin. Permit NCS000304.
• Nexeo Solutions, LLC, 3930 Glenwood Rd, Charlotte, NC. The facility discharges to a UT to Stewart Creek in the
Catawba River Basin. Permit NCS000315.
Stormwater Program Contact: Bradley Bennett
(919) 807-6392
bradley.bennett@ncdenr.gov
A copy of the draft permit is available at: https://bit.ly/2jSfSls. Additional permit documents are available for the
reproduction cost at:
DEMLR Stormwater Program
512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612
Slate of North Carolina I Environmental Quality i Energy, Mineral, and Land Resources
1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699
919 707 9200 T
y w
YMV
North Carolina Department of Natural and Cultural Resources
Natural Heritage Program
Govemor Roy Cooper Secretary Susi H. Hamilton
July 19, 2018
Bradley Bennett
NCDEQ
512 N, Salisbury Street
Raleigh, NC 27604
RE: IGM Resins Charlotte Inc; NCS000049
Dear Bradley Bennett:
N CN H DE-6499
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information
about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These
results are presented in the attached 'Documented Occurrences' tables and map.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been
documented within a one -mile radius of the property boundary. The proximity of these records suggests that
these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of
natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also
included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the
project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance.
Contact information for USFWS offices in North Carolina is found here:
https:/Iwww.fw.s.goy/offices/DirectoQdListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation planning, project
review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions.
Information provided by the NCNHP database may not be published without prior written notification to the
NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP
data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an
occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance, please
contact Rodney A. Butler at rodney-butleri§ncdcr.gay or 919-707-8603.
Sincerely,
NC Natural Heritage Program
MAILING ADDRESS: Telephone: (919) 707-a107 LOCATION:
1651 Mel] Service Center www.ncnhp.orp 121 West Jones Street
Reko, NC 27699-1651 Raleigh, NC 27603
II
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
IGM Resins Charlotte Inc
Project No. NCS000049
July 19, 2018
NCNHDE-6499
No Element Occurrences are Documented within the Project Area
There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database
does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The
use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare
species are found, the NCNHP would appreciate receiving this information so that we may update our database.
No Natural Areas are Documented within the Project Area
Managed Areas Documented Within Project Area
ManagedrRM-5 Name Oiivne� _ f :Ovine ROT,�x
Mecklenburg County Open Space Mecklenburg County Local Government
NOTE: If the proposed project intersects with a conservation tmanaged area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural
Heritage Area (RHA), or Federalty-listed species, NCNHP staff may provide additional correspondence regarding the project.
Definitions and an explanation of status designations and codes can be found at htW:llncnhde_natureserve.omlcontenUtrelo. Data query generated on July 19, 2018; source: NCNHP, 02 April 2018. Please resubmit your
information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 4
r
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
IGM Resins Charlotte Inc
Project No. NCS000049
July 19, 2018
NCNHDE-6499
Element Occurrences Documented Within a One -mile Radius of the Project Area
Natural
18119
Dry Basic Oak -Hickory —
2004
C
2-High —
--- G2G3
S2S3
Community
Forest
Natural
19493
Mixed Moisture Hardpan ---
2010
C
3-Medium —
— G2?
S2
Community
Forest
Natural
16959
Upland Depression —
2006
C
3-Medium —
- G2G3
S2S3
Community
Swamp Forest
Natural
19382
Upland Depression ---
2004
C
3-Medium —
— G2G3
S2S3
Community
Swamp Forest
Vascular Plant
13743
Delphinium exaltatum Tall Larkspur
18005
Hi?
5-Very —
Endangered G3
S2
Low
Natural Areas Documented Within a One -mile Radius of the Project Area
_ g-V
SEte Name epreserttation- Ratin ;a_ecttve� attng , ..
Neely Road Swamps R5 (General) C4 (Moderate)
Westinghouse Boulevard Upland Swamps R4 (Moderate) C4 (Moderate)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner Ovimer T e
NC Department of Transportation Mitigation Site NC Department of Transportation State
Mecklenburg County Open Space Mecklenburg County Local Government
Catawba Lands Conservancy Preserve Catawba Lands Conservancy Private
Definitions and an explanation of status designations and codes can be found at . Data query generated on July 19. 2018: source: NCNHP. Q2 April 2018. Please resubmit your
information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 4
4
O
4t
11
m
STORMWATER DRAINAGE DATA
OL17F'ALL
DRA10M AREA (am)
NON,
AREA
NvIPERW=
70 OUIFALL
�
TO OWALL
TO
IMASTEWATER
TOTAL
sw=
I
ZIP!
&M
0
&V
Swan
2.74
zw
0619
&19
swm
W"
1.37
1.51
Wo
sow
1.91
&00
Q.30
10m
W BRANCH
SWO04
_ter r
�= FT- a
N 5C 54' 42" E
+49.96'
E
n
\ � EQUIPMENT \
LAYDOWN AREA �\
<AND BONEYARD\\
s
a-
vt4l /
a��yP�
42 3b" E, 60� EXIST. SWDdl F1.0/
SWALE �
�o
v I \
SPILL— DAM Ii OONmmPAD ❑ ® /n\ WOODED 6q I r
POND \ C ! '•
r 0 O i • Y p,WASTE C a I TREATMENT OFFICE OFFICE iY' CMP !� o
'ANK00
IRER I I' HOUSE I / FEN E
II�wwr X fff/I/ EDPSEA(EfiFE /a
'`� _ 1 �t l I f f f f if 1 J ll !
LUG E I '�/ / % / TOWDt�/ MAw I cMPf 2 ex1sT. �(/ I � , I f f f! l
YE _v wtigi AAG / RE N'�R�-RAP 24' CMP x`, '�L! fl
DUSE a Ii (j�f p MAINTENANCE ooca w, RIP -RAP EYJ�M / I J
' 01 �, W/RIP `� O �'�[/ p4
�K1At0fff' �1/1 l /
rl 1 a� a C h ��+y� GUARD
111 / f I x+
I VEOEiAW OIL 'L` �� HOUSE n
Li C�_1 p B
SOUTH
SHIPPING � f
yr MCC o WAREHOUSE DOCKS /{ TEXTIL /� 'y�
C El V 9Lac. aaSEo ovERAo FLP GAS �``� / LAB E I '
�Sim uRETHAIE ® ATE / PAVED AREA WAGON��
v
RALCAR
LID �� RR TRACKS
— — RR TRACKS
sra ��pr— FARM q
FNCo Ij SIGN / r
r whSTE LO NO LOi1R AGJ.-
ED -_ pAINTEHAMCE �1,. �� �4 OUIFALL s r J
DOME 5iii11 Q1/�� x 1` 1 FROM ODA
Sp S GECY COFP.
1 r
r
� r
l r
— � r
r
r
r
r _ r
S�yr�' �5 wrr
xx
/ l
_ r
l
/ r
r
r
LEGEND
, 0 - ii 1111T,11
W — Sag 1; NM15n&L WAM
— FM — IW SMM FORM MAIN
AREA orVDM VO
WAMOM 7WA7MMr
.-
— _ siaaorwr
11H
O MANHOLE
13 SrORMDRMN CKM DAMN
® sou REWONSIE wT
® wer w m aw
►. rc9r WILL COlInWL W0E
A wsomm somE Pow
wwr MI111S1£MIIlER TREA7MOU
SWO02 Pumm wommem our>&u
IOWFALL DRAINIW AREA
NOTES:
1. THIS MAP IS FOR STORM WATER PERMITTING
ONLY. NO FIELD MEASUREMENTS WERE MADE.
DRAINAGE AREAS ARE ESTIMATED.
REFERENCE NOTES:
1. BASE MAP TAKEN FROM OVERALL SITE
PLAN PREPARED BY PENTA ENGINEERING, P.A.
DRAWING No. CH--EX-01002, DATED JUNE 25,
2001_ LAST REVISED MARCH 3, 2004.
2. SITE SURVEY TAKEN FROM SURVEY FILE NO.
W-673—B(JOB 18602) PROVIDED BY
R.B.PHARR AND ASSOC. DATED 6/7/91
***CAUTION***
NORTH CAROLINA ONE CALL CENTER
3 DAYS BEFORE DIGGING CALF.
!!nt�(/ TOLL FREE 1-800-632-4949
A ONE CALL SYSTEM FOR COMMUNITY AND JOB SAFETY.
THE UTILITIES SHOWN ARE SHOWN FOR THE CONTRACTOR'S CONVENfENCE ONLY. THERE MAY 13E
OTHER UTI LITIES NOT SHOWN ON THESE PLANS. THE ENGINEER ASSUMES NO RESPONSIEILiTY FOR
THE LOCATIONS SHOWN AND IT SHALL BE 1HE CONTRACTOR'S RESPONISIBILITY TO 'VERIFY THE
LOCATIONS OF ALL UTILITIES WI]HIN THE. LIMITS OF THE WORK. ALL DAMAGE MADE TO EXISTING
UTILITIES BY THE CONTRACTOR SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR.
INOT FOR CONSTRUCTION
A 10/09/2013 ISSUED FOR CLIENT REVIEW SDA AS ?BJS
REV. I DATE DESCRIPTION BY CHK I APV
GRAPHIC SCALE
150 0 75 150 300
(IN FEET)
SCALE 1" = 150'
".F
148 River Street, Suite 220
Greenville, South Carolina 29601
864-421-9999
www.synterracorp.com
IGM RESINS USA, INC
3300 WESTINGHOUSE BOULEVARD
CHARLOTTE, NC
SITE DIAGRAM
STORM WATER POLLUTION
PREVENTION PLAN
1099.09.01 SHEET REVISION
DRAWING
Ci07 I 1 OF 1 I A
November 20, 2013
Mr. Bradley Bennett, Supervisor
Stormwater Permitting Program
Individual Permit Renewal
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Re: NPDES Stormwater Permit Number NCS000049 renewal package
Dear Mr. Bennett,
IGM Resins received a permit renewal package from your department date October 18, 2013.
Please find enclosed a complete application form along with all requested information in
duplicate in order to update and renew IGM Resins USA, Inc. NPDES Stormwater Permit.
The following information was requested in the "Supplemental Information Required for
Renewal of Individual NPDES Stormwater Permit" in duplicate is enclosed.
1. A current site map from the S WPPP.
2. A summary of Analytical Monitoring results during the term of the existing permit.
3. A summary of the Visual or Qualitative Monitoring results.
4. A summary of Best Management Practices utilized at the permitted facility,
5. No industrial activity change of significance has been implemented during term of the
existing permit.
6. A signed certificate of the development and implementation of a Stormwater
Pollution Prevention Plan.
If you should have any questions concerning this submittal, please contact Gerald Walker at 704-
945-8702 at your convenience.
Sincerely,
Gerald Walker PE, QEP, CHMM
SHE Engineer
IGM Resins USA Inc.
IGM Resins USA Inc.
3300 Westinghouse Boulevard
Charlotte, NC 28273
United States of America
t: +1 704 945 8702
f: +1 704 945 8721
e: g.walker@igmresins.com
1: www,lgmreslns.cam
NMA
Permit Coverage Permit Number
Renewal Application Form NCS000049
'NCDENR National
Pollutant Discharge Elimination System
Stormwater Discharge Permit
;' ,�`•
The following is the information
currently in our database for your facility. Please review this information carefully and make all
corrections/additions as necessary
in the space provided to the right of the current information.
Owner Affiliation Information
*Reissued Permit will be mailed to the owner address
I G M Resins Charlotte Inc
Owner/ Organization !Name:
Owner Contact:
Chris Zawistowicz Cg 1 V-AQ 0
Mailing Address:
3300 Westinghouse Blvd M oa %�I> 5S
Phone Number:
Charlotte, NC 28241 {�`V G 1 w i TY a Z Z'7 3
Fax Number:
Za13
E-mail address:
NQV 2 5
•;.i�
DS1W4S�t4��
Facility/Permit Contact
Information
IGM Resins Charlotte; Inc. r C M ftio 5
Facility Name:
Facility Physical Addre,
s:
3300 Westinghouse Blvd
,,•�i
Charlotte, NC 28273
Facility Contact:
Mailing Address:
Phone Number:
Fax Number:
E-mail address:
Discharge InfQrrnafjgn
Steele Creek
Receiving Stream
Stream Class:
C
Basin:
Catawba River Basin
r
Sub -Basin:
03-08-34
'1
Number of Outfalls:
Impaired Waters/TMDE.
Does this facility discharge
to waters listed as impaired or waters with a finalized TMDL? 0 Yes ❑ No ❑ Don't Know
h
I h 2 W TMDL
[ for rnforn1atlon on t ese waters refer to ttp.//hen o.r.state.nc.us/su/1 mpalred _ aters / )
CERTIFICATION
1 certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such
information is true, complete and accurate. : a
Signature Date
Print or t�pe name of person signing above Title
Stormwater Permitting Program :..: `..
Please return this completed renewal application form
Individual Permit Renewal
and other required supplemental information to: 1612 Mail Service Center
Raleigh, North Carolina 27699-1612
SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES
STORMWATER PERMIT
Two copies of each of the following shall accompany this submittal in order for the application to be
lete:
considered comp
(Do not submit the site`Storm►" ater Pollution Prevention Plan)
Initials,�it'J�';
:i,, '.t.
1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of
industrial activities (including storage of materials, disposal areas, process areas and
loading and unloading areas),'drainage structures, drainage areas for each outfall, '',�t?r;ir},';!•'
building locations and impervious surfaces should be clearly noted.
• ir;f"•L �
v>� 2. A summary of Analytical Monitoring results during the term of the existing permit (if youri?"'fi't ,.
Y permit required analytical sampling). Do not submit individual lab reports. The summary'.:.' .
can consist of a table including such items as outfall number, parameters sampled, lab
results, date sampled, and storm event data. H
J.2„S3 3. A su mary of the Visual Monitoring results. Do not submit individual monitoring reports:11,, '
The summary can consist of a -table including such items as outfall number, parameters"
surveyed, observations, and date monitoring conducted.
�►-'� 4. A summary of the Best Management Practices utilized at the permitted facility. Summary''
should consist of a short narrative description of each BMP's in place at the facility. If the
implementation of any BMP's is planned, please include information on these BMP's.
5. A short narrative describing any significant changes in industrial activities at the permitted
facility. Significant changes could include the addition or deletion of work processes,
changes in material handling practices, changes in material storage practices, and/or
changes in the raw materials used by the facility.
6
for t
If the final
to filing the rener
days of receipt o
ication of the development and implementation of a Stormwater Pollution Prevention Plan
permitted facility (Sign and return attached form).
1 it r itfl �" i
year analytical monitoring of„the existing permit term has not been completed prioi T4i^,'
,al submittal, then the last years monitoring results should be submitted within 30'tii
the laboratory reports. ,(i.e: do not withhold renewal submittal waiting on lab results),.:?. .
Summary of Analytical Monitoring Results
2009 - 2013
Permit'Renewal Submission
IGM Resins USA, Inc.
Permit # NCS000049
2009
Outfall
Date
Flow
Total Rainfall
. TSS
GODS
COD
pH
(mm/dd/yr)
MG
(inches)
(mg/1)
(mg/1)
(mg/1)
(SU)
001
06/11/2009
N/A
0.25
8.2
ND
16
7.08
01/17/2010
N/A
2.10
29
4.3
25
6.42
002
06/11/2009
N/A
0.25
4.2
ND
23
6.95
01/17/2010
N/A
2.10
11
2.4
22
6.6
003
06/11/2009
N/A
0.25
43
3.9
66
7.06
01/17/2010
N/A
2.10.
23
ND
12
6.73
004
06/11/2009
N/A
0.25
4.8
ND
16
7.44
01/17/2010
N/A
2.10
11
2.0
12
6.87
005
01/17/2010
N/A
2.10
4.3
N.Q.
N.D.
6.85
2010
Outfall
Date
Flow
Total Rainfall
TSS
BOD5
COD
pH
(mm/dd/yr)
MG
.(inches).
(mg/1)
(mg/1)
(mg/1)
(SU)
001
06/30/2010
N/A
0.3
69
7.1 .
180 •
5.51 .
10/25/2010
N/A
0.50
130 +
5,.8
55
6.49
002
06/30/2010
N/A
0.3
7.2
2.9
20
5.64
10/25/2010
N/A
0.50
30
6.1
27
6.98
003
06/30/2010
N/A
03'
50
5:9
80
5.85
10/25/2010
N/A
0.50
12
3.6
<10
6.74
004
06/30/2010
N/A
0.3
15
3.0
53
5.61 +
10/25/2010
N/A
0.50
7.4
3.1
<10
6.71
005
06/30/2010
N/A
0.3
13
3.2
24
5.29
10/25/2010
N/A
0.50
11
<2.0
<10
6.95
Summary of Analytical Monitoring Results
2009 - 2013
Permit Renewal Submission
IGM Resins USA, Inc.
Permit # NCS000049
2011
Outfall
Date
Flow
Total Rainfall
TSS
BOD5
COD
pH
(mm/dd/yr)
MG
(inches)
(mg/1)
(mg/1)
(mg/1)
(SU)
001
06/28/2011
N/A
0.4
110 '
9.1
87
5.61
08/25/2011
N/A
0.4
10
09/21/2011
N/A
2.1
80
10/19/2011
N/A
13
3.2
41
6.45
002
06/28/2011
N/A
0.4
18
10
32
5.58
10/19/2011
N/A
1.5
15
ND
20
6.81
003
06/28/2011
N/A
0.4
22
9.9
46
5.25 •
10/19/2011
N/A
1.5
1.4
ND
13
6.62
004
06/28/2011
N/A
0.4
4.8
2.3
16
6.57
10/19/2011
N/A
1.5
1.6
ND
12
6.41
005
06/28/2011
N/A
0.4
52
3.2
24
6.6
10/19/2011
N/A
1.5
2.3
ND
15
6.47
2012
Outfall
. Date
Flow
Total Rainfall
TSS
BOD5
COD
pH
(mm/dd/yr)
MG
. (inches)
(mg/1)
(mg/1)
(mg/1)
(SU)
001
05/8/2012
N/A
0.3
130
8.6
69
7.09
08/07/2012
N/A
0.37
9.2
3.0
79
6.66
002
05/8/2012
N/A
0.3
31
5.8
SO
7.1%
08/07/2012
N/A
0.37
32
6.6
14
6.65
003
05/8/2012
N/A
0.3
73
17
58
7.37
08/07/2012
N/A
0.37
3.7
2.3
57
6.81
004
05/8/2012
N/A
0.3
31
4.1
28
7.2
08/07/2012
N/A
0.37
9.7
4.1
45
7.0
2013
Outfall
Date
Flow
Total Rainfall
TSS
BOD5
COD
pH
(mm/dd/yr)
MG
(inches)
(mg/1)
(mg/1)
(mg/1)
(SU)
001
06/06/2013
N/A
0.6
150 •
5.7
110 -'
5.63' •
0925/2013
N/A
0.28
44
5.5, ,..
77
7.14
002
06/06/2013
N/A
0.6
38
3.5
53
5.59 •
09/25/2013
N/A
0.28
20
8.6
17
6.17
003
06/06/2013
N/A
0.6
100
3.8
36
5.74. •
09/25/2013
N/A
0.28
32
2.9
37
6.78
004
06/06/2013
N/A
0.6
33
4.3
36
5.87
09/25/2013
N/A
0.28
44
3.4
40
6.68
Summary of Visual Stormwater Monitoring
2009 - 2013
Permit Renewal Submission
IGM Resins USA, Inc.
Permit # NCS000049
Date June 11, 2009
Characteristics
Location Outfall -
001
002
003
004
Ciba Geigy
Color
1
1
1
1
No Discharge
Odor
1
1
1
1
N/A
Clarity
1
2
1
1
N/A
Floating Solids
1
1
1
1
N/A
Settled Solid
None
None
None
None
N/A
Suspended
Solids
1
1
1
1
N/A
Foam
1
1
1
1
N/A
Oil sheen
1
1
1
1
N/A
1— None 2 — Faint 3 — Moderate 4 - Strong
Date Nov. 13, 2009
Characteristics
Location Outfall
001
002
003
004
Ciba Geigy
Color
1
1
1
1
No Discharge
Odor
1
1
1
1
N/A
Clarity
2
2
2
3
N/A
Floating Solids
1
1
1
1
N/A
Settled Solid
1
1
1
1
N/A
Suspended
Solids
1
1
1
1
N/A
Foam
1
1
1
1
N/A
Oil sheen
1
1
1
1
N/A
1— None 2 — Faint 3 — Moderate 4 - Strong
`r
Summary of Visual Stormwater Monitoring
2009 - 2013
Permit Renewal Submission
IGM Resins USA, Inc.
Permit # NCS000049
Date May 3, 2010
Characteristics
I Location Outfall
001
002
003
004
Ciba Geigy
005
Color
1
1
1
1
No discharge
1
Odor
1
1
1
1
N/A
1
Clarity
2
2
2
3
N/A
3
Floating Solids
1
1
1
1
N/A
2
Settled Solids
1
1
1
1
N/A
1
Suspended
Solids
1
1
1
1
N/A
1
Foam
1
1
1
1
N/A
2
Oil sheen
1
1
1
1
N/A
1
1— None 2 — Faint 3 — Moderate 4 -- Strong
Date June 30, 2010
Characteristics
Location Outfall
001
002
003
-004'.
005
Color
2
1
2
1
1
Odor
1
1
1
1
1
Clarity
1
1
2
1
1
Floating Solids
2
1
1
1
1
Suspended Solids
2
1
2
1
1
Foam
1
1
1
1
1
Oil sheen
I 1
1
1
1
1
1— None 2 — Faint 3—Moderate 4—Strong
Summary of Visual Stormwater Monitoring
2009 - 2013
Permit Renewal Submission
IGM Resins USA, Inc.
Permit # NCS000049
Date October 25 2010
Characteristics
Location Outfall
001
002
003
004
005
Color
2
1
2
1
1
Odor
1
1
1
1
1
Clarity
1
1
2
1
1
Floating Solids
2
1
2
1
1
Suspended
Solids
2
1
2
1
1
41
Foam
1
1
1
1
1
Oil sheen
1
1
1
1
1
1- None 2 — Faint 3 — Moderate 4 - Strong
Date June 28/30, 2011
Characteristics
Location Outfall
001
002
003
004
005
Color
1
1
2
1
1
Odor
1
1
1
1
1
Clarity
1
1
1
1
1
Floating Solids
2
1
1
1
1
Suspended
Solids
2
1
1
1
1
Foam
1
1
1
1
1
Oil sheen
1
1
1
1
1
1— None 2 — Faint 3 — Moderate 4 - Strong
Resampling
Date August 5.2011
Characteristics
Location Outfall
001
002
003
004
005
Color
1
Odor
1
Clarity
1
Floating Solids
1
Suspended
Solids
1
Foam
1
Oil sheen
1
Summary of Visual Stormwater Monitoring
2009 - 2013
Permit Renewal Submission
IGM Resins USA, Inc.
Permit # NCS000049
1—None 2 — Faint 3 — Moderate 4 — Strong
Date September 21, 2011
Characteristics
Location Outfall
001
002
003
004
005
Color
1
Odor
1
Clarity
1
Floating Solids
1
Suspended
Solids
1
Foam
1
Oil sheen
1
1— None 2 — Faint 3 — Moderate 4 - Strong
Date October 19,2011
Characteristics
Location Outfall
001
002
003
004
005
Color
2
1
1
1
1
Odor
1
1
1
1
1
Clarity
2
1
1
1
1
Floating Solids
2
1
1
1
1
Suspended
Solids
2
1
1
1
1
Foam
1
1
1
1
1
Oil sheen
1
1
1
1
1
1— None 2 — Faint 3 — Moderate 4 - Strong
4
Summary of Visual Stormwater Monitoring
2009 - 2013
Permit Renewal Submission
IGM Resins USA, Inc.
Permit # NCS000049
Date May 8, 2012
Characteristics
Location Outfall
001
002
003
004
Color
1
1
2
1
Odor
1
1
1
1
Clarity
1
1
2
1
Floating Solids
2
1
2
1
Suspended
Solids
2
1
1.,
1
Foam
1
1
1
1
Oil sheen
1
1
1
1
1— None 2 — Faint 3 — Moderate 4 - Strong
Date August 7. 2012
Characteristics
Location Outfall
001
002
003
004
Color
1
1
2
1
Odor
1
1
1
1
Clarity
1
1
2
1
Floating Solids
1
1
2
1
Suspended
Solids
1
1
1
1
Foam
1
1
1
1
Oil sheen
1
1
1
1
1— None 2 — Faint 3 — Moderate 4 - Strong
0
Summary of Visual Stormwater Monitoring
2009 - 2013
Permit Renewal Submission
IGM Resins USA, Inc.
Permit # NCS000049
Date June 6, 2013
Characteristics
Location Outfall
001
002
003
004
Color
2
1
2
1
Odor
1
1
1
2
Clarity
2
1
2
1
Floating Solids
2
1
2
1
Suspended
Solids
2
1
1
1
Foam
1
1
1
1
Oil sheen
1
1
1
1
1— None 2 — Faint 3 — Moderate 4 - Strong
Date September 26, 2013
Characteristics
Location Outfall
001
002
003
004
Color
1
1
1
1
Odor
1
1
1
1
Clarity
2
1
1
1
Floating Solids
2
1
2
1
Suspended
Solids
2
1
1
1
Foam
1
1
1
1
Oil sheen
1
1
1
1
1— None 2 — Faint 3 — Moderate 4 - Strong
6
'Best Management Practices
Submitted to NCDENR
NPDES Permit NCS000049 Renewal
November, 2013
1. Good Housekeeping is implemented and enforced throughout the plant to ensure that
the facility is maintained in a clean and orderly manner. IGM Resins recognizes that
good housekeeping is important to safety and to pollution prevention. It is the
responsibility of every employee to ensure that basic housekeeping standards are met.
Employees are trained to incorporate routine cleanup operation, labeling of containers
showing name and type of substance, and prompt and proper cleanup of all material
used in work activities.
2. A comprehensive Preventative Maintenance Program is utilized at IGM Resins that
ensures that mechanical and control equipment are in good working order minimizing
the likelihood of leaks and malfunctions. This equipment is inspected on a routine
basis to detect faulty operations and vessels checked for signs of deterioration.
3. Spill Response and Reporting. A Spill Prevention Control and Countermeasure
(SPCC) Plan for oil and chemicals at the facility is in effect addressing prevention and
spill response for potential "discharges." The SPCC plan addresses internal
notification, spill response, strategies, spill equipment, spill procedures, and reporting
requirements. IGM Resins has secondary containment at bulk storage locations,
which drain into the plant wastewater treatment system. There is a procedure for
draining all tank farm dikes to ensure that the material in the dike is inspected prior,to
opening the drain valve.
4. In addition to permit required semisannual Visual Stormwater Outfall Monitoring
A Comprehensive Stormwater Inspection is conducted at a minimum of semi-
annually that includes inspection of all outside areas including loading/unload.ing
areas, wastewater, treatment, area, production areas, Boneyare, hazardous waste and.
red label drum storage areas, inspection of dikes around tank farms, process building
roof and dry weather flow to storm water discharge outfalls to name a few. Also
regular preventive maintenance inspections, utility operator inspections of the tank
farm containment dikes, regular inspections of the hazardous waste storage area and
Boneyard areas are also conducted.
S. Sediment and Erosion.control, has'been minimized by various projects that have
improved grading, reshaping and reseeding banks, and other landscaping
improvements with the installation of fabric and stone.
6. As required by the, permit IGM Resins has developed a training program for.alI
employees for annual training on proper spill response and cleanup procedures, goals
of the SWPPP, good housekeeping measures, and BMPs. In.addition, HazWOper
training is provided,for all operations personnel.,
" L k . ' . E3• ,. P<<, .. ,, .�+teL �,k l ..N �i-•�"" fir, ( _ ;. _ � :�; _: x.� • r•..3,' - �•
STORKWA�'ER°POLLUTION. PREVENTION PLAN -
: - 77 Y
DEVELPMEN=FND AjINiPLEMENTATION '
to N ,ray � y r
#L—ERTIFICAT10N
�iir �s u
No, Carolina Division of Energy, Mineral, and Land Resources - Stormwater Permitting
Facility Name: IGM Resins Charlotte, Inc,
Permit Number: NCS000049
Location Address: 3300 Westinghouse Blvd `
Charlotte, NC 26273
County: Mecklenburg " '•
"I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and ,�.,
implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather;:t: )'
and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and
complete.' :�;;iallp
And t�
"I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at
this facility location in accordance with the terms and conditions of the stormwater discharge permit"
And ,
"I am aware that there are significant penalties for falsifying Information, including the possibility of Fines and imprisonment for knowing,,
violations.'
g ( gl p g ry, q j n this CerEification. DO NOT SEND
Sign accordin to ermit si nato re ulrements and retur
EVENTION PLAN WITH x,S THIS STORMWATER
POLLUTION�PR
Signature
Date
Title
5PPP Certification 10/13,.:�-.•
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Summary of Analytical Monitoring Reports
2014 -1" Half 2018
Permit Renewal 2
iGM Resins USA Inc.
Permit #i NCS000049
2014
Outfall
Date
Flow MG
(if app.)
Total
Rainfall
(inches)
TSS (mg/1)
BOD5
(mg/1)
COD
(mg/1)
pH (SU)
001
2/21/2014
0.25
51
3.8
23
7.09
002
2/21/2014
0.25
22
3.1
54
6.85
003
2/21/2014
0.25
33
ND
51
7.07
004
1 2/21/2014
0.25
11
ND
18 1
6.93
Outfall
Date
Flow MG
(if app.)
Total
Rainfall
(inches)
TSS (mg/I)
BOD5
(mg/1)
COD
(mg/1)
pH (SU)
001
9/24/2014
0.28
6.4
ND
11
6.69
002
9/24/2014
0.28
4.0
4.4
ND
6.58
003
9/24/2014
0.28
11
2.2
18
6.54
004
9/24/2014
q.28
3.9
ND
ND
6.71
2015
Outfall
Date
Flow MG
(if app.)
Total
Rainfall
(inches)
TSS (mg/1)
BODS
(mg/1)
COD
(mg/1)
pH (SU)
001
3/5/2015
0.32
31
4.7
38
7.5
002
3/5/2015
0.32
16
2.6
22
7.45
003
3/5/2015
0.32
16
3.0
1 26
7.51
004
1 3/5/2015
0.32
1 2.5
1 ND
I ND
7.09
Outfall
Date
Flow MG
(if app.)
Total
Rainfall
(inches)
TSS (mg/1)
BOD5
(mg/1)
COD
(mg/1)
pH (SU)
001
10/2/2015
1.1
250
4.3
69
6.74
002
10/2/2015
1.1
17
ND
26
7.2
003
10/2/2015
1.1
7.3
ND
22
6.95
004
10/2/2015
1.1
1.6
ND
19
6.8
Resample
Outfall
Date
Flow MG
(if app.)
Total
Rainfall
(inches)
TSS (mg/1)
BOD5
(mg/1)
COD
(mg/1)
pH (SU)
001
10/28/2015
0.45
16
-
-
-
002
003
004
Resample
Outfall
Date
Flow MG
(if app.) '
Total
Rainfall
(inches)
TSS (mg/1)
BOD5
(mg/1)
COD
(mg/0
pH (SU)
001
11/19/2015
1.15
33
-
-
-
002
003
004
2016
Outfall
Date
Flow MG
(if app.)
Total
Rainfall
(inches)
TSS (mg/1)
BOD5
(mg/1)
COD
(mg/0
pH (SU)
001
2/3/2016
1.1
32
11
56
7.34
002
2/3/2016
1.1
19
2.1
12
7.17
003
/2016
1.1
20
ND
ND
7.21
004
t2;3/2016
1.1
16
ND
ND
7.19
Outfall
Date
Flow MG
(if app.)
Total
Rainfall
(inches)
TSS (mg/1)
BOD5
(mg/1)
COD
(mg/0
pH (SU)
001
9/1/2016
0.85
13
10
48
6.79
002
9/1/2016
0.$5
37
2.6
16
6.81
003
9/1/2016
0.85
6.3
2.8
15
6.67
004
9/1/2016
0.85
6.6
2.7
14
6.17
2017
Outfall
Date
Flow MG
(if app.)
Total
Rainfall
(Inches)
TSS (mg/1)
BOD5
(mg/1)
COD
(mg/1)
pH (SU)
001
3/31/2017
1.25
12
4.6
12b
6.33
002
3/31/2017
1.25
18
7.6
71
6.41
003
3/31/2017
1.25
15
4.3
33
6.67
004
3/31/2017
1.25 1
2.7 1
2.4
24
1 '6.54
0utfall
Date
Flow MG
(if app.)
Total
Rainfall
(inches)
TSS (mg/1)
BOD5
(mg/1)
COD
(mg/1)
pH (SU)
001
9/1/2017
0.52
9.1
2.4
15
6.20
002
9/1/2017
0.52
7.1
4.1
13
6.37
003
9/1/2017
0.52
15
3.1
1 41
6.18
004
9/1/2017
0.52
2.7
ND
ND
6.44
;..
Outfall
Date
Flow MG
(if app.)
Total
Rainfall
(inches)
TSS (mg/1)
BODS
(mg/1)
COD
(mg/1)
pH (SU)
001
2/26/2018
0.21
NO
2.4
83
7.08
002
2/26/2018
0.21
12
2.8
99
7.17
003
2/26/2018
0.21
6
2.9
i0o
6.99
004
2/26/2018
0.21
NO
NO
NO
6.9
of wArFR
� r
4 'C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
DATE: November 5, 2008
TO: Charlotte Observer
NUMBER: 704-358-5340
FROM: SARAH YOUNG, DIVISION OF WATER QUALITY, 919.807-6303
SUBJECT: PUBLIC NOTICE
PAGES: 1
Coleen H. Sullins, Director
Division of Water Quality
Please publish only the information (Public Notice) below, ONE TIME in the legal section of your
paper by Tuesday, November 11, 2008. Please fax a copy of the proof to me at 919-807-6494 for
final approval prior to publication. Within 10 days after publish date, please send the invoice and
two copies of the original affidavit to:
Sarah Young
NCDENRIDWQ Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
PUBLIC NOTICE
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
Cognis Corporation, 3300 Westinghouse., Charlotte, NC 28241 has applied for an NPDES Stormwater
Permit to discharge stormwater associated with industrial activities at a facility located at Cognis
Corporation, 3300 Westinghouse., Charlotte, NC, Mecklenburg County. The facility discharges to waters
designated as Steele Creek, within the Catawba River Basin.
Copies of the draft permit, No. NCS000049, are available by contacting:
Brian Lowther
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Telephone Number: (919)-807-6368
brian.lowther@ncmail.net
Persons wishing to comment upon or object to the proposed determination are invited to submit their
comments in writing to the above address no later than December 12, 2008._All comments received prior
to that date will be considered in the final determination regarding permit issuance. All comments and
requests should reference draft permit number NCS000049.
WSW,
wM
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 807-6300 Customer Service
1 800 623-7748
The Charlotte Observer Publishing Co.
Charlotte, NC
North Carolina ) ss Affidavit of Publication
Mecklenburg County]
THE CHARLOTTE OBSERVER
------------------------------ -------------------+------------------------
STORMWATER PERMITTING UNIT I
NCSDENR/DW0
1617 MAIL SERVICE CENTER
RALEIGH NC 27699-1677 I
REFERENCE: 30064055
6270961 Cognis Corporation I
I
Before the undersigned, a Notary Public of said
County and State, duly authorized to administer
oaths affirmations, etc., personally appeared,
being duly sworn or affirmed according to law,
cloth depose and say that he/she is a
representative of The Charlotte observer
Publishing Company, a corporation organized and
doing business under the laws of the State of
Delaware, and publishing a newspaper known as The I
Charlotte observer in the city of Charlotte,
County of Mecklenburg, and State of North Carolina,
and that as such he/she is familiar with the
books, records, files, and business of said I
Corporation and by reference to the files of said
publication, the attached advertisement was
inserted. The following is correctly copied from
the books and files of the aforesaid Corporation I
and Publication.
I
I
1
I
I
I
PUBLISHED ON: 11/11
I
I
I
I
AD SPACE: 62 LINE I
FILED ON: 11/14/08
------ --- --- ---{ ----- ---- -- fj--------
NAME: �a r TITLE: r
DATE: 14 Zug
In Testimony Whereof I have hereunto set my hand and affixed my seal, the
day and year aforesai . Mil C01nmisslon EA—Phs May i�
� , 2a1i
Notar ' am -mission Expires:
1k.
r- I
02
WATFAQ Michael F. Easley, Governor
7 WilliamG. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Golsen H. SulEins, Director
Division of Water Quality
October 27, 2008
Mr. Bill Shaw
Cognis Corporation
PO Box 7044
Charlotte, NC 28241
Subject: Draft NPDES Stormwater Permit
Permit No. NCS000049
DSM Desotech Incorporated
Gaston County
Dear Mr. Shaw:
Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft
very carefully to ensure thorough understanding of the conditions and requirements it contains.
The draft permit contains the following significant changes from this facility's current permit:
Analytical monitoring changes:
1. The analytical monitoring parameters, BOD-5, COD, and pH, have been maintained for the sampling
requirements in this permit. Acetone was removed. TSS was added to the analytical monitoring
requirements based on EPA Multi -Sector General Permit, Sector C "Chemical and Allied Products"
recommendations.
2. pH has been added to the analytical monitoring requirements.
3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in
Part II Section B. The permittee must also document the total precipitation for each event. 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. Additionally, samples must be taken a
minimum of 60 days apart, as specified in Table 2.
4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark
values require the permittee to increase monitoring, increase management actions, increase record
keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the
sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at
any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within
two weeks and implementation of a mitigation plan within two months. 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 facility shall follow the
Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute
monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark
value for two consecutive samples.
5. You are required to Collect all of the analytical and qualitative monitoring samples during representative
storm events as defined in Part II Section B. Qualitative monitoring is required regardless of
representative outfall status,
6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4,
and 5. No`t`r
Cara "na
�tua�t�
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service
Internet h2o.enr.statemc.us 512 N. Salisbury St, Raleigh,NC 27604 FAX (919)807-6494 1-877-623-6748
An Equal opportunity/Affirmative Action Employer- 509E Recycled110% Post Consumer Paper
W,lr,Bi11 Shaw
C(; nMs Corporation
Permit No. NCS000049
7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall
parameter is in this permit, however.)
8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical
and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it
only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the
permitted timeframe then the requirements shall apply.
Other permit changes:
1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the
receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants
in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of
significant spills that have occurred in the past three years and also must certify that the outfalls have
been inspected to ensure that they do not contain non-stormwater discharges. Additional information is
provided in Part 11 Section A.
2. Additional requirements for the Stormwater Management Plan have been specified in Part I1 Section A.
More details regarding secondary containment are provided.
3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part 1I
Section A. The plan must also be updated annually to include a list of significant spills and to certify that
the outfalls do not contain non-stormwater discharges.
4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater
management controls as specified in Part II Section A.
5. Information regarding the No Exposure Exclusion has been added to this draft 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. Additional information is provided in Part I Section A.
Please submit any comments'to me no later than thirty (30) days following your receipt of the draft.
Comments should be sent to the address listed at the bottom of this page. If no adverse comments are
received from the public or from you, this permit will likely be issued in about two months.
If you have any questions or comments concerning this draft permit, contact Brian Lowther at (919) 807-6368
or brian.lowther®ncmail.net
cc: Mooresville Regional Office
Stormwater Permitting Unit
Attachments: Draft Permit
Sincerely,
Brian Lowther
Environmental Engineer
Stormwater Permitting Unit
2
11
9
m
NCS000049
F W A TF Michael F. Easley, Governor
�� `4p William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
co r
Coleen H. Sullins Director
_ Division of Water Quality
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Facility Name: Cognis Corporation
NPDES Permit Number: NCS000049
Facility Location: Charlotte, NC (Mecklenburg County)
Type of Activity: CHEMICAL MANUFACTURING
SIC Code: 2869 iInk
Receiving Streams: See Figure 1
,C U
River Basin: Catawba River Basin, Sub -basin 03-08.34 E-1V
Stream Classification: C SEp 2 4 20,03
Proposed Permit Requirements: See attached draft permit.
V,
Monitoring Data. See Table I
Facility Location: See Figure I DWQ Sudace Dater P[ tv°01101
Response Requested by (Date): October 22, 2008
Central Office Staff Contact: Brian Lowther, (919) 801-6368
Special Issues:
Issue
'RatingScales' 1 ease `to 10 hard
Compliance history
5
Benchmark. exceedance
3
Location (TMDL, T&E
species, etc
5
Other Challenges:
• Finding Acetone
Benchmark
5
Difficult Rating:
t8
Description of Onsite Activities:
Chemical Manufacture, store raw materials, Incoming & Outgoing trucks, and mixing chemicals as
Documents Reviewed:
•. SPU File
• Central File
• 2004 Catawba Basinwide Plan
* 2008 draft 303(d) list
• National Heritage Program's T&E database
• EPA draft 2006 Sector -Specific permit, Sector C "Chemical and Allied Products"
0'
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al
9
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opo
rl
Page 1 of 8
NCS000049
History:
Date Permit first issued: 10/01/94.
• Date Permit re -issued: 09/01/01
• Date: Inspection by Christopher Elmore of the Mecklenburg County Water Quality Program on March 11,
2005
Date: Permittee submitted renewal application: 02/09/06
Page 2of8
NCS000049
-.4
c7-
Figure 1: Map of Facility
Gognis Ccirporation
i 77 440
0
3140 NIZt
klilr
A.IR
-A
NCS000049
H
Z17
map Scale
Cognis Corporation
Lab qjde: 350 8' 9" N
Longitude: 800 5743" W
County: Me Ienburg
Receiving Stream: Steele Greek
Stream C m: C
Sub-basn: 03-08-34 (Catawba River Basin)
Facility Loca tio n
Page 3 of 8
NCS000049
Central Office Review Summary:
1. Owner's Other Permits: Owner has no other permits in BIMS.
2. General Observations:
• Based on the site visit 03/11/05 the site seems to be compliant with their permit. The facility is
engaged in producing a wide variety of chemicals for use in industry. The facility stores these products on -
site until they are transport to their purchaser. All production areas and most storage areas are covered to
exclude rainwater. All chemical storage areas have secondary containment.
3. ImRairment: Steele Creek is not listed on the 303(d) and not in the Catawba Basinwide Plan.
4. Threatened and Endangered: No State or Federally endangered or threatened species within 2 miles of the site
based on the NC Natural Heritage Virtual Workroom.
5. Location: Outfalls goes to a'C Stream.
6. Industrial Changes Since Previous Permit: The only change was the deactivation of the ethoxilation process in
May of 2005, for which ethylene oxide and phenol are no longer stored in bulk or used in the production at the
plant site.
7. Analytical Monitories Notes: The analytical monitoring was done three times. A list of reasons was attached
for not being able to sample during March until May 2005. The central file shows no monitoring after the
application was filed. COD had one value over the current benchmark for outfall 3. COD and BOD were
maintained in the monitoring because only 3 samples were taken and more data is needed to withdraw the
monitoring, pH was below the range twice. Acetone was removed after talking to the permit contact. Acetone
is not used in any process onsite and current levels were very low.
Based on the EPA draft 2006 Sector -Specific permit, Sector C "Chemical and Allied Products", TSS should be
included for the SIC 2869.
Oualitative Monitoring•_ Notes: Nine different monitoring was done from 9/4/01 to 11/28/05. Most of the
responses were usual, none, and clear.
Page 4 of 8
NCS000049
Table 1: Analytical Monitoring
Required Sample Total Precipitation Duration Acetone BOD 5 COD pH
Sampling Date Flow (in) (hours) Benchmark: Benchmark: Benchmark: Benchmark:
Range (MGD) 17 mg/L 30 mg/L 1 120 mg/L 6-9 su
Outfall 1
11/12/2004
0.066
0.028
5.5
<50
2/14/2005
0.031
<.020
4
<50
6.1
6/6/2005
0.028
0.034
12
<50
6.9
Outfall 2
11/12/2004
0.022
0.083
2 5
<50
2/i4/2005
0.021
<.020
<2
<50
6.4
616 /200 5
0.02
0.018
9.7
<50
5 33
Outfall 3
11/12/2004
0.007
1
0.02
1.8
<50
6.4
2/14/2005
0.007
<.020
12
6.6
6/6/2005
0.007
0.035
18
79
6.3
Outfall
4
11112/2004
1 0.34
<.020
<2
<50
6.9
2/14/2005
0.28
<.020
4.9
<50
6.4
6/6/2005
0.26
<.020
3.1
<50
7.3
Over Current Benchmark
Data Not Collected
Page 5 of 8
NCS000049
Revised Permit Recommendations: Analytical Monitoring:
1. BOD-5, COD, and pH were maintained. Acetone was removed. TSS was added to the analytical monitoring
requirements based on EPA Sector C "Chemical and Allied Products" recommendations.
2. .All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II
Section B. The permittee must also document the total precipitation for each event. 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. Additionally, samples must be taken a minimum of 60 days apart,
as specified in Table 2.
3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values
require the permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a
benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall
follow the Tier I guidelines which require a facility inspection within two weeks and implementation of a
mitigation plan within two months. 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 facility shall follow the Tier 2 guidelines which require a repetition
of the steps listed for Tier I and also immediately institute monthly monitoring for all parameters at every
outfall where a sampling result exceeded the benchmark value for two consecutive samples.
4. The permittee is required to collect all 6f the analytical and qualitative monitoring samples during
representative storm events as defined in Part 11 Section B. Qualitative monitoring is required regardless of
representative outfall status.
5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1,
4, and 5.
6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in
this permit, however.)
7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and
qualitative monitoring.
Other Proposed Changes to the Previous Permit:
1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the
receiving stream is impaired and if it has a TMDL, established. It must also describe potential pollutants in each
outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant
spills that have occurred in the past three years and also must certify that the outfalls have been inspected to
ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11
Section A.
2. Additional requirements for the Stormwater Management Plan have been specified in Part 11 Section A. More
details regarding secondary containment are provided.
3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part 11 Section A.
The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do
not contain non-stormwater discharges,
4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater
management controls as specified in Part II Section A.
5. Information regarding the No Exposure Exclusion has been added to this draft 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. Additional
information is provided in Part I Section A.
Page 6 of 8
f
C
NCS000049
Discussions with permittee; Bill Shaw, 704 945 8728, 9/10/08
Randy Rhoades has left new contact is Bill Shaw (Safety and Environmental Manager)
l . General description of industrial activities? Chemical Manufacture, store raw materials, Incoming & Outgoing
trucks, and mixing chemicals as well as reactors.
2. Have there been any changes since filing the application? Shut down some processes areas.
3. What is your source of potential acetone pollution? Acetone is not in any of the processes and only in very
small quantities in the lab.
4. Do you have a waste water permit? Yes, they have pretreatment and a wastewater permit with Charlotte.
5. - Do you have vehicle maintenance onsite? Some fork lift maintenance.
6. What is you SIC code? NAICS 325998
e
Page 7 of 8
4
NCS000049
Recommendations: Based on the documents reviewed, the application information submitted on February 9, 2006
sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature) - Date a 2 r r I Lo8
Stormwater Permitting Unit Supervis Date $ dS
for radley ennett rr j
Concurrence by Regional Ofi'ice _ Qi� Date / z%-y
Water Quality Supervisor - � W—A ---- _ Date L G
Regional Office Staff Comments
Page 8 of 8
rol
Mr. Randall Rhoades
Cognis Corporation
PO Box 7044
Charlotte, NC 28241-7044
Dear Mr: Rhoades:
Michael F. Easley, Governor
a, William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 4, 2008
Subject: NPDES Permit Renewal Application
Cognis Corporation
Permit Number NCS000049
Individual Stormwater Permit
Mecklenburg County
The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of
your renewal application for coverage under NPDES Permit Number NCS000049 on February 9, 2006.
We apologize for the lengthy delay in responding to your submittal and are now making every effort to
review your permit renewal as expeditiously as possible. Our Unit anticipates making significant
progress on individual permits over the next six months to reduce our backlog.
We are currently beginning our review of your renewal application. Please continue to comply
with all conditions and monitoring requirements in your expired NPDES stormwater permit. As
Iong as you have submitted a complete renewal request package and maintain compliance with those
permit conditions, stormwater discharges from this facility are authorized by that permit until the
Division issues a renewal permit or notifies you of an alternative action.
No additional information is required at this time, but we may contact you in the future. Please
notify us if any significant changes have taken place at this facility since you submitted the renewal
package. If you have any questions about this matter, please contact me at (919) 807-6368.
Sincerely,
ZL� C. za,_V�
Brian Q. Lowther
Environmental Engineer
Stormwater Permitting Unit
cc: Mooresville Regional Office
Stormwater Permitting Unit Files
Central Files r�Caro ina
tura�ly
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet: h2o,enr,state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748
An Equal opportunitylAtfirmallve Action Employer— 50% Recycled110% Post Consumer Paper
February 3, 2006
Mr. Bill Mills
Stormwater and General Permits Unit
1617 Mail service center
Raleigh, N.C. 27699-1617
W
i U _
Z,I
p;
Re: NPDES Stormwater Permit # NCS000049 renewal packet
Dear Mr. Mills:
ognis,
Cognis Corporation
P.O. Box 7044
Charlotte, NC 28241
USA
Phone 704/588.2500
www.cognis-us.com
i)
W
aa�
�nVn
LL-
u
°3
Cognis Corporation received a permit renewal package from your department dated December
29, 2005. Please, find enclosed a complete application form along with all requested information
in order to renew Cognis Corporations NPDES Stormwater Permit.
The following information was requested in the "Supplemental Information Required for
Renewal of Individual NPDES Stormwater Permit" in duplicate and is enclosed.
1. A current site map from the SWP3.
2. A summary of the final year analytical monitoring.
3. Visual stormwater monitoring is conducted at least twice per year. Please find
enclosed the results of this monitoring on the nine tables enclosed with this letter.
4. A summary of the Best Management Practices utilized at Cognis Corporation.
5. The only industrial activity change of significance was the deactivation of the
ethoxilation process in May of 2005, for which ethylene oxide and phenol are no
longer stored in bulk or used in production at the plant site. (No enclosure)
6. A signed certification of the development and implementation of a Stormwater
Pollution Prevention Plan (S WP3).
If you have any questions regarding the permit renewal please contact Randy Rhoades at 704-
945-8726 or the below listed email.
Respectfully yours,
12.
Randall B. Rhoades
Environmental Specialist
Randy Rhoades Environmental Specialist Cognis Corporation -- P.O. Box 7044 Charlotte, NC 28241
Ph:704-945-8726 Fax:704-945-8728 randy.rhoades(@,cognis.com nis.com
e
Enclosure
Cc: C. Zawistowicz, Cognis Corporation
! B. Shaw, Cognis Corporation
Randy Rhoades Environmental Specialist Cog nis Corporation — P.O. Box 7044 Charlotte, NC 28241
Ph:704-945-8726 Fax:704-945-8728 randy. rhoadcscp nis.com
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, P.E., Director
December 29, 2005
COGNIS CORPORATION
ATTN: RANDALL BRUCE RHOADES, OR SUCCESSOR
PO BOX 7044
CHARLOTTE, NC 282417044
Dear Permittee:
F90WANCDENR
f
NORTH C.AROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NPDES Stormwater Permit Renewal
Cognis Corporation
Permit Number NCS000049
Mecklenburg County
Your facility is currently covered for stormwater discharge under NPDES Permit NCS000049. This permit expires
on August 31, 2006. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application
for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your
continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of
your permit. To make this renewal process easier, we are informing you in advance that your permit will be
expiring. Enclosed you will find an individual permit renewal application form, supplemental information request,
and Stormwater Pollution Prevention Plan certification.
Filing the application form along with the requested supplimental information will constitute your application for
renewal of your permit. As stated above, the application form must be completed and returned along with all
requested information by in order for the permit to be renewed by August 31, 2006.
Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be
assessed depending on the delinquency of the request. 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 the permit renewal procedures please contact Bill Mills of the Stormwater and
General Permits Unit at (919) 733-5083, ext. 548.
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stogy rmwater'and Ge ren al_Pe�mits Uni lies
Mooresville Regional Office
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
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
February 19, 1999
BILL SHA W
HENKEL CORP.
PO BOX 7044
CHARLOTTE, 'NC 28241
1�•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsouRces
Subject: NPDES Stormwater Permit Renewal
Henkel Corp.
Permit Number NCS000049
Mecklenburg County
Dear Permittee:
Your facility is currently covered for stormwater discharge under NPDES Permit NCS000049. This permit
expires on August 31, 1999. In order to assure your continued coverage under your permit, you must apply to the
Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are
informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal
application form, supplemental information request, and Stormwater Pollution Prevention Plan certification.
Filing the application form along with the requested supplimental information will constitute your application for
renewal of your permit. The application form must be completed and returned along with all requested
information within thirty days of receipt of this letter in order to constitute a timely renewal filing.
Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual
fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced later this year
for your annual fee.) A copy of the new fee schedule is enclosed in this package.
Failure to request renewal within the time period indicated may result in a civil assessment of at least $250.00.
Larger penalties may be assessed depending on the delinquency of the request. 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 $10,000 per day.
If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater
and General Permits Unit at (919) 733-5083, ext. 548.
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
SW6 91 North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Neville McDonald
P.O. Box 7044
Charlotte, NC 28241
Dear Mr. McDonald:
h I — "I
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�EHNR
August 31, 1994
Subject: Permit No. NCS000049
Henkel Corporation
Mecklenburg County
In accordance with your application for a stormwater discharge permit received on October 1,
1992, we are forwarding herewith the subject state - NPDES permit. 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
December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611
-7447. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part H, 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 Environmental Management 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 concerning this permit, please contact Bill Mills at telephone
number 919/733-5083.
Sincerely,
Original Signed By
Coleen H. Sullins
A. Preston Howard, Jr, P. E.
cc: Mr. Jim Patrick, EPA
Mooresville Regional Office
Mecklenburg County
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Permit No. NCS000049
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
TO DISCHARGE STORMWATER UNDER THE
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,
Henkel Corporation
is hereby authorized to discharge stormwater from a facility located at
3300 Westinghouse Blvd.
Charlotte
Mecklenburg County
to receiving waters designated as Steele Creek, a class C stream, in the Catawba River Basin
in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III, and IV hereof.
This permit shall become effective October 1, 1994.
This permit and the authorization to discharge shall expire at midnight on August 31, 1999
Signed this day August 31, 1994.
Original Signed By
vOicten R Sullins
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By the Authority of the Environmental Management Commission
Permit No. NCS000049
19:4931101Aff:[499►II/:II T.`l
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 which has been
adequately treated and managed in accordance with the terms and conditions of this Permit. All
discharges shall be in accordance with the attached schedules as follows:
Part I: Monitoring, Controls, and Limitations for Permitted Discharges
Part II: Standard Conditions for NPDES Stormwater Permits
Part III: Limitations Reopener
Part IV: Administering and Compliance Monitoring Fee Requirements
Any other point source discharge to surface waters of the state is prohibited unless covered by
another permit, authorization or approval.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree.
Page 2
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Permit No. NCS000049
PART I
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
FS. ,C 1ONN A; FINAL LIMITABONSAND COM,QLS FOR STORMWATER DISCHARGES
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 below.
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 11, Standard
Conditions, Section E.8. of this permit. The Plan shall include, at a minimum, the following
items:
z. Site Plan. The site plan shall provide a description of the physical facility and the potential
pollutant sources which may be expected to contribute to contamination of stormwater
discharges. The site plan shall contain the following:
(1) 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.
(2) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices.
(3) A site map drawn to scale with the distance legend indicating location of industrial
activities (including storage of materials, disposal areas, process areas and loading
and unloading areas), drainage structures, drainage areas for each outfall and
activities occurring in the drainage area, building locations and impervious surfaces,
and the percentage of each drainage area that is impervious. For each outfall, a
narrative description of the potential pollutants which could be expected to be
present in the stormwater discharge.
(4) A list of significant spills or leaks of pollutants that have occurred at the facility
during the 3 previous years and any corrective actions taken to mitigate spill
impacts.
(5) 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 U, Standard Conditions, Section
B.9.
Page 4
Permit No. NCS000049
b. 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:
(1) A study addressing 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 practicable the permittee shall cover all
storage areas, material handling operations, manufacturing or fueling operations to
prevent materials exposure to stormwater. In areas where elimination of exposure
is not practicable, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(2) A schedule to provide secondary containment for bulk storage of liquid materials,
storage of Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) water priority chemicals, or storage of hazardous
materials to prevent leaks and spills from contaminating stormwater runoff. 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 with a locking mechanism] and any
stormwater that accumulates in the containment area shall be at a minimum visually
observed for color, foam, and visible sheens, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated. Records documenting the individual making the observation, the
description of the accumulated stormwater and the date and time of the release shall
be kept for a period of five years.
(3) 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
potential of sources to contribute significant quantities of pollutants to stormwater
discharges and data collected through monitoring of stormwater discharges.
(4) Inspection schedules of stormwater conveyances and controls and measures to be
taken to limit or prevent erosion associated with the stormwater systems.
c. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall
incorporate a risk assessment of potential pollutant sources based on a materials inventory
of the facility. Facility personnel (or team) responsible for implementing the plan shall be
identified in the plan. A responsible person shall be on -site at all times during facility
operations that have the potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations.
d. 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.
e. 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
Page 5
Permit No. NCS000049
operations that have the potential to contaminate stormwater runoff. Facility personnel (or
team) responsible for implementing the training shall be identified in the Plan.
f. 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(s) assignments provided.
g . Plan Ammendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis.
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
II, Standard Conditions, Section B, #9) to the Director that the changes have been made.
h . Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a
minimum on a semiannual schedule, once in the fall (September -November) and once
during the spring (April - June). 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.
Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility
inspections.
Implementation. Implementation of the plan shall include documentation of all monitoring,
measurements, inspections and maintenance activities and training provided to employees,
including the log of the sampling data and of activities 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 his
authorized representative immediately upon request.
Page 6
Permit No. NCS000049
Minimum monitoring and reporting requirements are as follows unless otherwise approved in
writing by the Director of the Division of Environmental Management.
a. 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.
b. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry
weather flow shall be performed at all stormwater discharge outfall locations. All visual
monitoring shall be documented and records maintained with the Stormwater Pollution
Prevention Plan. The initial visual monitoring event shall be performed simultaneously
with the first analytical monitoring event and documentation of only this initial visual
monitoring event shall be submitted along with the required analytical monitoring submittal.
C. For purposes of the stormwater sampling required in this permit, all samples shall be
collected from a discharge resulting from a representative storm event (See Part II,
Standard Conditions, Section A). Failure to monitor storm events in accordance with the
specified frequency shall constitute a violation of this permit. If the stormwater runoff is
controlled by a detention pond, the following sampling requirements shall apply:
(1) If the detention pond detains the runoff generated by one inch of rainfall for 24
hours, visual observations for color, foam, outfall staining, visible sheens, and dry
weather flow are required, but analytical sampling shall not be required.
(2) If the detention pond discharges only in response to a storm event exceeding a 25-
year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall
be considered a non -discharging stormwater control system and not subject to
NPDES requirements, unless the discharge causes a violation of water quality
standards.
d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms
provided by the Director no later than January 31 for the previous year in which sampling
was required to be performed.
e. Analytical results from sampling during the final year of the permit term shall be submitted
with the permit renewal application.
f. This permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
(1) All other discharges that are authorized by a non-stormwater NPDES permit.
(2) 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.
(3) Discharges resulting from fire -fighting.
Page 7
Permit No. NCS000049
If the storm event monitored and reported in accordance with this permit coincides with a
non-stormwater discharge, the permittee shall separately monitor and report all parameters
as required under the non-stormwater discharge permit and provide this information with
the stormwater discharge monitoring report.
g. Specific Stormwater Monitoring Requirements
The specific stormwater monitoring requirements includes both analytical and visual monitoring of
stormwater samples. Specific monitoring requirements are defined below.
(1) Analytical Monitoring
tormwater Discharge
Characteristics
Units
Measurement
1
Sam
2
Sample
LQcation3
H
Std. Units
annually
Grab
SDO
Chemical Oxygen Demand
m
annually
Grab
SDO
BODS
m
annually
Grab
SDO
Acetone
m
annually
Grab
SDO
Total Rainfall4
inches
Event Duration4
minutes
Total Flow4
MG
SDO
Footnotes:
1 Measurement Frequency: Once per year with samples taken during the sampling
window of April through November. The facility mla;it perform analytical sampling
during the first and last year of the permit term regardless of cut-off concentration
conditions.
2 Sample Type: Defined in Part H, Standard Conditions, Section A.
3 Sample Location: Samples to be taken at each stormwater discharge
outfall (SDO) unless representative outfall status has been granted.
4 For each sampled representative storm event the total precipitation, storm duration,
and total flow must be monitored. 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.
(2) Cut-off Concentrations
The arithmetic mean of all analytical sampling results collected during the term of the permit
shall be calculated for each parameter and compared to the cut-off concentrations listed below.
If the arithmetic mean meets the specified cut-off concentration condition for a given parameter,
then the facility is not required to continue annual analytical monitoring for that parameter
during the term of the permit unless a significant change in facility operations or configuration
occurs. If a cut-off concentration results in discontinued analytical monitoring, the permittee is
Page 8
Permit No. NCS000049
required to maintain facility operations that ensure the continuation of stormwater runoff
quality.
The permittee must perform analytical sampling during the first and last year of the permit term
regardless of cut-off concentration conditions. Analytical results from sampling during the
final year of the permit term must be submitted with the permit renewal application.
H
within the range of 6.0 to 9.0
Chemical Oxygen Demand
<120 m
BOD5
<30 m
Acetone
<0.005 m
Footnotes:
1 pH cannot be averaged due to the nature of the, logarithmic pH scale. The most recent pH
sample result shall be used for cut-off concentration purposes.
(3) Visual Monitoring
Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless
of representative outfall status, for the purpose of evaluating the effectiveness of the
Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater
pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not
need to be performed during a representative storm event.
tormwater Discharge
Characteristics
1
Monitoring
J=2
Monitoring
Locatio 3
Color
Semi -Annual
Visual
SDO
Odor
Semi -Annual
Visual
SDO
Clarity
Semi -Annual
Visual
SDO
Floating Solids
Semi -Annual
Visual
SDO
Suspended Solids
Semi -Annual
Visual
SDO
Foam
Semi -Annual
Visual
SDO
Oil Sheen
Semi -Annual
Visual
SDO
Other obvious indicators
of stormwater pollution
Semi -Annual
Visual
SDO
Footnotes:
1 Frequency: The first visual monitoring event during the term of the permit must be
performed during the initial analytical monitoring event. All subsequent visual
monitoring will be performed twice per year, once in the spring and once in the fall.
2 Monitoring Type: Visual monitoring requires a qualitative visual observation of each
stormwater outfall. No analytical testing or sampling is required.
Page 9
Permit No. NCS000049
(4) Analytical Monitoring Requirements for Vehicle Maintenance Activities)
Stormwater Discharge
Characteristics
Units
Measurement
2
Sample
Sample
3
H
standard
annually
Grab
SDO
Oil and Grease
m9A
annually
Grab
SDO
New Motor Oil Usagegallons/month
annually
Estimate
SDO
Total Flow4
MG
annually
Grab
SDO
Lead, Total Recoverable5
u
annually
Grab
SDO
Total Suspended Solids
m
annually
Grab
SDO
Detergents (MBAS)6
m
annually
Grab
SDO
FoQmotes:
1 Stormwater discharges from 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 be monitored by the permittee as specified above.
2 Measurement Frequency: Once per year with samples taken within the sampling
window of April through November.
3 Sample Location: Samples to be taken at each stormwater discharge
outfall (SDO) that discharges stormwater runoff from area(s) where
vehicle maintenance activities occur.
4 Total flow shall be; (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. Total Precipitation and duration of the rainfall
event measured shall result from the sampled representative storm event.
5 Total recoverable lead monitoring is required only at facilities where fueling occurs.
6 Detergent monitoring is required only at -facilities which conduct vehicle cleaning
operations.
(5) Cut-off Concentrations for Vehicle Maintenance Activities
The arithmetic mean of all analytical sampling results collected during the term of the permit
shall be calculated for each parameter and compared to the cut-off concentrations listed below.
If the arithmetic mean meets the specified cut-off concentration condition for a given parameter,
then the facility is not required to continue annual analytical monitoring for that parameter
during the term of the permit unless a significant change in facility operations or configuration
occurs. If a cut-off concentration results in discontinued analytical monitoring, the permittee is
Page 11
Permit No. NCS000049
required to maintain facility operations that ensure the continuation of stormwater runoff
quality.
The permittee m= perform analytical sampling during the first and last year of the permit term
regardless of cut-off concentration conditions. Analytical results from sampling during the
final year of the permit term must be submitted with the permit renewal application.
H 1
within range 6.0 - 9.0
Oil and Grease
< 30 m
Lead, Total Recoverable
< 0.033 mg/1
Total Suspended Solids
< loom
Detergents (MBAS)
< 0.50 m 11
Footnotes:
1 pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH
sample result shall -be used for cut-off concentration purposes.
Page 12
Permit No. NCS000049
The permittee shall comply with Final Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
The Stormwater Pollution Prevention Plan shall be developed and implemented within 12
months of the effective date of this permit and updated thereafter on an annual basis.
Secondary containment, as specified in Part I, Section A, 1. b. 2. of this permit, shall be
accomplished within 12 months of the effective date of this permit.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
permitted stormwater controls at optimum efficiency.
Page 13
Individual Stormwater Page Al
IV. PART n
STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS
WEERNW, WITMMUM. ;
The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
I ;PT-KiRno :34'
Schedules of activities, prohibitions of practices, maintenance procedures, and
other management practices to prevent or reduce the pollution of waters of the
United States. BMPs also include treatment requirements, operation procedures,
and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw material storage.
• *1 V'.el
Means shall be calculated according to the following definitions:
a. Arithmetic Mean: The arithmetic mean of any set of values is the. summation
of the individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root
of the product of the individual values where N Is equal to the number of
individual values. The geometric mean is equivalent to the antilog of the
arithmetic mean of the logarithms of the individual values. For purposes of
calculating the geometric mean, values of zero (0) shall be considered to be
one (1).
C. Weighted by Flow Value: Weighted by flow value means the summation of
each concentration times its respective flow divided by the summation of the
respective flows.
+ +Ogre W11;t7sT-M;W
Liquid raw materials, manufactured products, waste materials or by-products with a
single above ground storage container having a capacity of greater than 660 gallons
or with multiple above ground storage containers having a total storage capacity of
greater than 1,320 gallons.
5. CalendarDav
The period from midnight of one day until midnight of the next day. However, for
purposes of this permit, any consecutive 24-hour period that reasonably represents
the calendar day may be used for sampling.
The rainfall runoff from or through any coal storage pile.
Individual Stormwater Page A2
7. DD-EUor Division o
The Division of Environmental Management, Department of Environment, Health
and Natural Resources.
The Director of the Division of Environmental Management, the permit issuing
authority.
aMEROM
The North Carolina Environmental Management Commission.
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the
Clean Water Am
11. Lau=
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.
All municipal separate storm sewers that are either.
a. Located in an incorporated place with a population of 100,000 or more as
determined by the Decennial Census by the Bureau of Census; or
b. Located in the counties with unincorporated urbanized populations of
100,000 or more, except municipal separate storm sewers that are located in
the incorporated places, townships or towns within such counties; or
c. Owned or operated by a municipality other than those described in
paragraph (a) or (b) and that are designated by the Director as part of the
large or medium separate storm sewer system.
13. 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.
The owner or operator issued a permit.
Any discernible, confined and discrete conveyance, including but specifically not
limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
Individual Stormwater Page A3
container, rolling stock, or concentrated animal feeding operation from which
pollutants are or may be discharged to waters of the state.
A storm event that is between 0.2 and 0.8 inches of rainfall and which has a
duration of greater than 3 hours and that is preceded by at least 72 hours in which
no storm event measuring greater than 0.1 inches has occurred.
The fraction of total rainfall that is not infiltrated into or otherwise retained by the
soil, concrete, asphalt or other surface upon which it falls that will appear at the
conveyance as runoff.
Me •, • 1 1!1
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.
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 3.13 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:
(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.
Includes, but is not limited to: raw materials; fuels; materials such as solvents,
detergents, and plastic pellets; finished materials such as metallic products; raw
materials used in food processing or production; hazardous substances designated
under section 101(14) of CERCLA; any chemical the facility is required to report
pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste
products such as ashes, slag and sludge that have the potential to be released with
stormwater discharges.
Individual Stormwater Page A4
21. Significant S4U
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, I 17:2I) or-section-107 of CERMA (Ref; 40 CFR 302.4).
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
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. The term does not include discharges
from facilities or activities excluded from the NPDES program.
The following categories of facilities are considered to be engaging in "industrial
activity":
a. Facilities subject to stormwater effluent limitations guidelines, new source
performance standards, or toxic pollutant effluent standards under 40 CFR
Subchapter N Parts 400 - 471 (except facilities which are exempted under
W of this definition);
b. Facilities classified as Standard Industrial Classifications 24 (except 2434),
26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373;
C. Facilities classified as Standard Industrial Classifications 10 through 14
(mineral industry) including active or inactive mining operations (except for
areas of coal mining operations meeting the definition of a reclamation area
under 40 CFR 434.11(1)) and oil and gas exploration, production,
processing, or treatment operations, or transmission facilities that discharge
stormwater contaminated by contact with or that has come in contact with,
any overburden, raw material, intermediate products, finished products,
byproducts or waste products located on the site of such operations; inactive
mining operations are mining sites that are not being actively mined, but
which have an identifiable owner/operator,
d. Hazardous waste treatment, storage, or disposal facilities, including those
that are operating under interim status or a permit under Subtitle C of
RCRA;
e. Landfills, land application sites, and open dumps that receive or have .
received any industrial wastes (waste that is received from any of the
facilities described under this definition) including those that are subject to
regulation under Subtitle D of RCRA;
f. Facilities involved in the recycling of materials, including metal scrapyards,
battery reclaimers, salvage yards and automobile unkyards, including but
limited to those classified as Standard Industrial classification 5015 and
5093;
Individual Stormwater Page A5
g. Stearn electric power generating facilities, including coal handling sites;
h. Transportation facilities classified as Standard Industrial Classifications 40,
41, 42, 44, and 45 which have vehicle maintenance shops, equipment
cleaning operations, or airport deicing operations. Only those portions of
the facility that are either involved in vehicle maintenance (including vehicle
rehabilitation, mechanical repairs, painting, fueling and lubrication),
equipment cleaning operations, airport deicing operations, or which are
otherwise identified under (a)-(g) or (i)-(k) of this definition are associated
with industrial activity;
Treatment works treating domestic sewage or any other sewage sludge or
wastewater treatment device or system, used in the storage treatment,
recycling, and reclamation of municipal or domestic sewage, including
lands dedicated to the disposal of sewage sludge that are located within the
confines of the facility, with a design flow of 1.0 mgd or more, or required
to have an approved pretreatment program under 40 CFR part 403. Not
included are farm lands, domestic gardens or lands used for sludge
management where sludge is beneficially reused and which are not
physically located in the confines of the facility, or areas that are in
compliance with section 405 of the CWA;
j. Construction activity including clearing, grading and excavation activities
except: operations that result in the disturbance of less that five acres of total
land area which are not part of a larger common plan of development or
sale;
k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434,
25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441),
35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise
included within (a)-U) of this definition).
For the categories of industries identified in (a) through Q) of this definition the
term includes, but is not limited to, stormwater discharges from industrial plant
yards; immediate access roads and rail lines used or traveled by carriers of raw
materials, manufactured products, waste material, or by-products used or created
by the facility; material handling sites; refuse sites; sites used for the application or
disposal of process wastewaters; sites used, for the storage and maintenance of
material handling equipment; sites used for residual treatment:, storage, or disposal;
shipping and receiving areas; manufacturing buildings; storage areas (including tank
farms) for raw materials, and intermediate and finished products; and areas where
industrial activity has taken place in the past and significant materials remain and are
exposed to stormwater. For the categories of industries identified in (k), the term
includes only stormwater discharges from all areas listed in the previous sentence
(except access roads) where material handling equipment or activities, raw material,
intermediate products, final products, waste material, by-products, or industrial
machinery are exposed to stormwater.
Material handling activities include the: storage, loading and unloading,
transportation, or conveyance of any raw material, intermediate product, finished
product, by-product or waste product. The term excludes areas located on plant
lands separated from the plant's industrial activities, such as office buildings and
accompanying parking lots as long as the drainage from the excluded areas is not
mixed with stormwater drained from the above described areas.
Individual Stormwater Page A6
Industrial facilities (including industrial facilities that are Federally or municipally
owned or operated that meet the description of the facilities listed in (a)-(k)) include
those facilities designated under 40 CFR 122.26(a)(1)(v).
D - M . got
The precipitation event of a duration which will produce the maximum peak rate of
runoff for the watershed of interest resulting from a rainfall event of an intensity
expected to be equaled or exceeded, on the average, once in ten years.
25. Total Flow
The flow corresponding to the time period over which the sample collection occurs.
The total flow calculated based on the size of the area draining to the outfall, the
amount of the built -upon (impervious) surfaces within the drainage area, and the
total amount of rainfall occurring during the sampling period.
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
27. Zvnes of Samples
a. Grab samples are individual samples collected instantaneously. Grab samples that
will be directly analyzed or visually monitored must be taken within the first 30
minutes of discharge. Grab samples for compositing purposes must be collected at
no greater than 20 minute intervals.
b. Composite Sample: a composite sample shall mean:
(1) A flow -weighted composite sample, which is a mixture of aliquots collected
at a constant time interval, where the volume of each aliquot is proportional
to the flow rate of the discharge at the time the sample is collected; or
(2) A time -weighted composite sample, which is a mixture of equal volume
aliquots collected,at a constant interval of time.
A composite sample can be obtained from the collection of a series of grab samples,
taken at intervals of no greater than 20 minutes for the entire storm event or the first
three hours of the storm event. The grab sample to be composited must be of no
less than 100 milliliters.
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle
cleaning operations, or airport deicing operations.
Solid particulate matter, both mineral and organic, that has been or is being
transported by wateyr,' air,-grarity,vrimfroririts sit -of origin which can be seen
with the unaided eye.
Individual Stormwater Page A7
30. Waste„Rile
Any non -containerized accumulation of solid, non -flowing waste that is used for
treatment or storage.
The maximum 24-hour precipitation event expected to be equaled or exceeded, on
the average, once in 25 years.
Individual Stormwater Page A8
r• ::. • •rro
1.
The permittee must comply with all cenditiorimf this 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 renewal application.
a. The permittee shall comply with effluent standards or prohibitions established
under section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if the
permit has not yet been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed $25,000 per day for each violation. Any
person who negligently violates any permit condition is subject to criminal penalties
of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1
year, or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $10,000 per violation with
the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act
33 USC 1319 and 40 CFR 122.41(a).]
c. Under state law, a daily civil penalty of not more than ten thousand dollars
(S10,000) 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 Administrator for
violating section 301, 302, 3061307, 308, 318, or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act. Administrative penalties for Class I violations are not to
exceed $10,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $25,000. Penalties for Class II violations are not to exceed
$10,000 per day for each day during which the violation continues, with the
maximum amount of any Class II penalty not to exceed $125,000.
2. Duly to
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
Except as provided in permit conditions on "Bypassing" (Part II, C.3.), nothing in
this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3►143-215.6A,
143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsibleforconsequential damages, such as fish'
kills, even though the responsibility for effective compliance may be temporarily
suspended.
Individual Stormwater Page A9
• .�... ...1MITIF.M.
Nothing in this 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. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
gomm-grare : •i
The issuance of this 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.
N. INNER = sit U111
The provisions of this permit are severable, and if any provision of this permit, or
the application of any provision of this permit to any circumstances, is held invalid,
the application of such provision to other circumstances, and the remainder of this
permit, shall not be affected thereby.
The permittee shall furnish to the Director, within a reasonable time, any
information which the Director may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating this permit or to determine
compliance with this permit. The permittee shall also furnish to the Director upon
request, copies of records required to be kept by this permit.
The permittee is not authorized to discharge after the expiration date. In order to
receive automatic authorization to dischar a beyond the expiration date, the
permittee shall submit such information, 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.
All applications, reports, or information submitted to the Director shall be signed
and certified.
a. All applications 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
Individual Stormwater Page A10
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
exceeding25 milhon-(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 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;
(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. 1 am aware that there are significant
penalties for submitting false information, including the possibility of fines
and imprisonment for knowing violations."
The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the 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.
Individual Stormwater Page Al I
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any
permit condition.
PUMVISMONG1•2111NOSTIN:.P• 35:41r ►: • as-11wir•► •.OI:a
The permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or
used by the permittee to achieve compliance with the conditions of this permit.
Proper operation and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of
the permit.
fill" S- -, -
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 permit.
a. Definitions
(1) 'Bypass" means the known diversion of stormwater from any portion of a
stormwater control facility including the collection system, which is not a
designed or established or operating mode for the facility.
(2) "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.
b. Bypass Not Exceeding Limitations.
The permittee may allow any bypass to occur which does not cause limitations to be
exceeded, but only -if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provisions of Paragraphs c. and d.
of this section.
c. Notice
(I) 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.
Individual Stormwater Page Al2
(2) Unanticipated bypass. The permittee shall submit notice within 24 hours of
an unanticipated bypass as required in Part II, E. 5. of this permit. (24-
hour notice).
d. Prohibition of Bypass
Bypass is prohibited and the Director may take enforcement action against a
permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe
property damage;
(2) 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
(3) The perminw submitted notices as required under Paragraph c. of this
section.
The Director may approve an anticipated bypass, after considering its adverse
effects, if the Director determines that it will meet the three conditions listed above
in Paragraph d. of this section.
4. Upsets
a. Definition
"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,
Iack of preventive maintenance, or careless or improper operation.
b . Effect of an Upset.
An upset constitutes an affirmative defense to an action brought for noncompliance
with technology based permit effluent limitations if the requirements of paragraph c.
of this condition are met. No determination made during administrative review of
claims that noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial review.
C. Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or other
relevant evidence that:..
(1) An upset occurred and that the permittee can identify the cause(s) of the
upset;
Individual Stormwater Page A13
(2) The permitted facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part 11, E. 5. (b)
(B) of this permit-
(4) The permittee complied with any remedial measures required under Part U,
A. 2. of this permit.
d. Burden of Proof
In any enforcement proceeding the permittee seeking to establish the occurrence of
an upset has the burden of proof.
yVlow r u• M•;l.1.*: •;o
Samples collected and measurements taken, as required herein, shall be
characteristic of the volume and nature of the permitted discharge. 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 shall not be changed without notification to
and approval of the Director.
Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Where required, appropriate flow measurement devices and methods consistent
with accepted scientific practices shall be selected and used to ensure the accuracy
and reliability of measurements of the volume of monitored discharges.
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality
Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC
1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40
CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures
must produce minimum detection and reporting levels that are below the permit
discharge requirements and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure. if no approved
Individual Stormwater Page A14
methods are determined capable of achieving minimum detection and reporting
levels below general pen -nit discharge requirements, then the most sensitive
(method with the lowest possible detection and reporting level) approved method
must be used.
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 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.
M ,M
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, copies of all reports required by this
permit, for a period of at least S years from the date of the sample, measurement,
report or application. This period may be extended by request of the Director at any
time.
For each measurement, sample, inspection or maintenance activity performed or
taken pursuant to the requirements of this 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
The results of such analyses.
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;
Individual Stormwater Page A15
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 permit;
b . Have access to and copy, at reasonable times, any records that must be kept
under the conditions of this permit;
c . Inspect at reasonable times any facilities, equipment (including monitoring
and control equipment), practices, or operations regulated or required under
this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
The permittee shall give notice to the Director as soon as possible of any planned
physical alterations or additions to the permitted facility. Notice is required only
when:
a. The alteration or addition to a permitted facility may meet one of the criteria
for determining whether a facility is a new source in 40 CFR Part 122.29
(b); or
b . The alteration or addition could significantly change the nature or increase
the quantity of pollutants discharged. This notification applies to pollutants
which are subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR Part 122.42 (a) (1).
The permittee shall give advance notice to the Director of any planned changes in
the permitted facility or activity which may result in noncompliance with the permit
requirements.
3. Transjgys
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.
4. Monitoring Repor#s
Monitoring results shall be reported at the intervals specified elsewhere in this
permit.
5. Twenty-four- Hour2aoniU
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information
shall be provided orally within 24 hours from the time the permittee became aware
r .
Individual Stormwater Page A 16
of the circumstances. A written submission shall also be provided within 5 days of
the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the noncompliance.
b. The following shall be included as information which must be reported within 24
hours under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the
permit.
(2) Any upset which exceeds any effluent limitation in the permit
(3) Violation of a maximum daily discharge limitation for any of the pollutants
listed by the Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24
hours.
The permittee shall report all instances of noncompliance not reported under Part II.
E. 4. and 5. of this permit at the time monitoring reports are submitted. The reports
shall contain the information listed in Part II. E. 5. of this permit.
Where the permittee becomes aware that it failed to submit any relevant facts in a
notice of intent to be covered under this permit or in any report to the Director, it
shall promptly submit such facts or information.
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or
Section 308 of the Federal Act, 33 USC 1318, alI reports prepared in accordance
with the terms shall be available for public inspection at the offices of the Division
of Environmental Management. As required by the Act, effluent 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-
215.6B or in Section 309 of the Federal Act.
..'. • •� • a� ��•.
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 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.
1 �
Individual Stormwater Page A17
AY
PART III
LIMITATIONS REOPENER
This 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 permit; or
b. controls any pollutant not limited in the permit.
The permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
ADMINISTERING
PART IV
AND COMPLIANCE
REQUIREMENTS
MONITORING FEE
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 permit.