HomeMy WebLinkAboutNCS000161_HISTORICAL WITH APPLICATION_20160831STORMINATER DIVISION CODING SHEET
PERMIT NO.
Afcl;
DOC TYPE
❑FINAL PERMIT
❑ MONITORING INFO
APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ �«a �� �' �
YYYYMMDD
North Carolina
Mecklenburg County
REFERENCE: 313698
The Charlotte Observer Publishing Co.
Charlotte, NC
} ss Affidavit of Publication
}
Charlotte Observer
NCDEMLR DIVISION OF ENERGY,
0002640310 PUBLIC NOTICE NC DIV. OF ENERGY,
MINERAL, AND LAND RESOURCES INTENT
TO ISSUE A STORMWATER DISCHARGE
Before the undersigned, a Notary Public of said County and
State, duly authorized to administer oaths affirmations, etc.,
personalty 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 riles of the aforesaid Corporation and
Publication.
PUBLISHED ON: 08/31/2016
AD SPACE: 37 LINES
FILED ON: 08/30/2016
P.UBLIC.NOTICE
,NC oniror 6eRdr�'uuW6tQ-iwo uwo
''2AESMACES'aINTENT`TO: BME `Ai
•..STORPAWATFR PI$CF "Rmq
Emerald Caroilna Chemical LLC, 8309:4YA
kin -son Blvd, Charlotte, NC 26214 has ap.
plied for -an NPOES,;pemlit to discharge
stwmxater ham an industrial facility located
at: Emerald Carolhia Chemical, 8309 Min -
son Blvd, ChaAette, Mecklenburg County.
The TaciNN dlscha - to Paw Creek in the
Casawtia Finer Bastn.
A Coppyy otthe draft ppeermit No. NC50001111 Is
available ad: htt 1 deq.nc.gw(news7evenW
pubk--tir nngs or by comacbN.
,lithe venudoro
DEMLA Stormwater Pennfthng Program
1612 Mao Ser0ce"Center
Releigh;.Nc 27wq-ia12. - -.
Phone: 4919) 807$970 .-
juGe.ventakirc®ncdertr.gw.' - .
Ptd7lic comment tY objection fn the draft Per-
irri[ is invited. Comments should be Submit -
to OEM1A at the aWm ad -
DATE: AUG -3 1 2016 Pug
In Testimony reof I have hereunto set my hand a affixed my seal, the day and year aforesaid.
Notary: My commission Expires:
Commission Ex ' May 27, 2021
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
Secretary
TRACY DAVIS
Director
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Owner/Company:
Facility Name:
NPDES Permit Number:
Expiration Date:
Facility Location:
Type of Activity:
SIC Code or Description:
Receiving Stream(s):
River Basin:
Stream Classification:
Proposed Permit
Requirements:
Regional Office: Mooresville
Emerald Carolina Chemical, LLC
9
Emerald Carolina Chemical0.
G
NCS000161 '
September 3 0, 2 014
o., Cx
8309 Wilkinson Blvd, Charlotte, NC
Chemical Manufacturing
2821, 2869
Paw Creek
Catawba River Basin, Sub -basin 03-08-34
C
See attached draft permit.
Response Requested by (Date): September 30, 2016
Central Office Staff Contact: Julie Ventaloro (919) 807-6370
Central Office Review Summary:
1. Special Issues:
o Added a new section on Special Conditions in Part 1I, Section E to comply with
federal regulations requiring electronic submittal of discharge monitoring
reports..
o The TPH parameter is changed to Non -polar Oil & Grease [EPA Method 1664
(SGT-HEM)] for consistency with other permits. The benchmark is the same;
Non -polar Oil & Grease is a cheaper alternative method for estimating Total
Petroleum Hydrocarbons.
o Requirements for the Stormwater Pollution Plan (SPPP) have been updated in
Part I1, Section A.
State of North Carolina J Environmental Quality J Energy, Mineral and Land Resources
1612 Mail Service Center J 512 North Salisbury Street I Raleigh, NC 27699-1612
919 707 9200 T
o Permittee will be required to collect analytical and qualitative monitoring
samples during "measurable storm events" as defined in Part I1, Section B. This
term is different from the "representative storm event" in earlier permits.
o Civil and administrative penalty amounts have been updated to reflect current
federal law in Part III, Section A, 2(b) and (g).
2. Changgs at the facility since previouspermit:
o They have added Silicone Fluid Reactives and Vinyl Silicones to their
manufacturing process. The chemicals involved in their production are stored in
the warehouse and in one above ground diked storage tank in the tank farm.
Reactive Silicone Fluids comprise a variety of industrial compounds consisting of
a -silicon backbone with attached organic groups. Water solubility appears to
.,depend on the individual compound rather than whether the compound is
labeled as reactive or non -reactive. Current permit requires monitoring for
Chemical Oxygen Demand (COD) which is likely sufficient to monitor for this
group of organic compounds as well. No new parameters recommended. CO
would like MRO's concurrence on this approach.
3. Receiving Waters: Paw Creek, Class C stream in Catawba River Basin.
4. Threatened and Endangered Species:
o Carolina Heelsplitter Lasmigone within 2 miles of the facility.
5. Analytical and/or qualitative monitoring_ during this past permit cycle: See data
rovided in renewal a 1' ation. Six exceedances of TSS benchmark, four exceedances
�y3i 1 V of COD -- didn't trigger Tier 2. More recent data can be viewed in Laserfiche at:
h :ll ortal.ncdenr.or ou /lr/stormwater-dmrs (search by permit number).
6. Permit. Facility. and Owner Contacts updates:
® Confirmed contact information with permittee and updated BIMS if necessary.
® Obtained e-mail addresses for each contact and updated BIMS.
7. Annual Fees:
® Confirmed in BIMS that permittee does not owe fees.
Recommendations:
Based on the documents reviewed, the application information received on March 4, 2014
is sufficient to issue an Individual NPDES Stormwater Permit.
Central Office recommends reissuance of this permit with the changes to monitoring
parameters described above. The proposed draft permit reflects the most recent individual
stormwater permit template and boiler plate language, incorporating revisions that are
similar to the industrial general permits issued during 2012-15.
S mm of North Carolina 1 Em tz1 Qn ityl EmV, .\I=- l and Land Rew=n
16L MO Senice Cm1 512 ;Nnrib$akibmyStmet (Rale*k %X 27699.1612
919 707 9200 T
�.f
Prepared by (Signature) Date Ph 1 lZ b I L
Stormwater Permitting Supervisor Date
for Bradley Bennett
Concurrence by Regional Office Date
RO DEMLR Supervisor Date
6.19. 2014;6
Regional Office Staff Comments (attach additional pages as necessary)
C q 4 *"-A--I
Sty of N"& Cool= I Em it Qmhtyl Eam;.t=g a 4 usd Rew=n
1612.1m1 Seniee Center 1512 `or&SaS*=yStmet I Rdeid, VC 27699.16i2
919 707 9200 T
Compliance Inspection Report
Permit: NCS000161 Effective: 10/01/09 Expiration: 09/30/14 Owner: Emerald Carolina Chemical LLC
SOC: Effective: Expiration: Facility: Emerald Carolina Chemical, LLC
County: Mecklenburg 8309 Wilkinson Blvd
Region: Mooresville
Charlotte NC 28208
Contact Person: Charlie Stroman Title: Phone: 704-391 6444
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 08/30/2016
Primary Inspector: James D Moore
Secondary Inspector(s):
Entry Time: 08:45AM
David A Hill
Reason for Inspection: Routine
Permit Inspection Type: Stomrwater Discharge, Individual
Facility Status: Compliant [] Not Compliant
Question Areas:
■ Storm Water
(See attachment summary)
Certification:
Phone:
Exit Time: 10:15AM
Phone:
Inspection Type: Compliance Evaluation
Page: 1
permit NCS000161 Owner - Facility: Emerald Carolina Chemical LLC
Inspection Date: 08/3012016 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
The inspection was part of a permit renewal evaluation. The MRO recommends renewing the permit as drafted.
Page: 2
permit NCS0G0161 Owner - facility: Emerald Carolina Chemical LLC
Inspection Date: 08I30t2016 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ ❑ ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? 0 ❑ ❑ ❑
Comment:
Permit and Dutfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? M ❑ ❑ ❑
# Were all outfalls observed during the inspection? 0 ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ E ❑
# Has the facility evaluated all illicit (non stormwater) discharges? 0 ❑ ❑ ❑
Comment: The facifily would be a candidate for reducing the outfalls to be sampled from 8 to 4.
Qualitative Monitoring Yea No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? 0 ❑ ❑ ❑
Comment:
5tormwater Pollution Prevention Plan
Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
❑ ❑ ❑
# Does the Plan include a General Location (USGS) map?
❑ ❑ ❑
# Does the Plan include a "Narrative Description of Practices"?
❑ ❑ ❑
# Does the Plan include a detailed site map including outfall locations and drainage areas?
❑ ❑ ❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
M ❑ ❑ ❑
# Has the facility evaluated feasible alternatives to current practices?
0 ❑ ❑ ❑
# Does the facility provide all necessary secondary containment?
E ❑ ❑ ❑
# Does the Plan include a BMP summary?
N ❑ [] ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
❑ ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
❑ ❑ ❑
# Does the facility provide and document Employee Training?
❑ ❑ ❑
# Does the Plan include a list of Responsible Party(s)?
❑ ❑ ❑
# Is the Plan reviewed and updated annually?
❑ ❑ ❑
# Does the Plan include a Stormwater Facility Inspection Program?
0 ❑ ❑ ❑
Has the Stomlwater Pollution Prevention Plan been implemented?
■ ❑ ❑ ❑
Comment: Good training documentation
Page: 3
Energy, Mineral
and Land Resources
ENVIRONMENTAL OVALITV
Mr. Doug Jackson
Emerald Carolina Chemical, LLC
8309 Wilkinson Blvd
Charlotte, NC 28214
Dear Mr. Jackson:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
August 23, 2016
�>
' Old,
e� SP
Subject: Draft NPDES Stormwater Permit
Permit No. NCS000161
Emerald Carolina Chemical, LLC
Mecklenburg County
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:
You are required to collect analytical and qualitative monitoring samples during
"measurable storm events" as defined in Part lI, 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 II,
Section A.
3. Changes have been made to multiple monitoring parameters, including a change to
one benchmark. Stormwater 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 as directed in the Tiers.
• The TPH parameter is changed to Non -Polar Oil & Grease [EPA Method
1664 (SGT-HEM)]. The benchmark of 15 mg/L is unchanged.
• Vehicle maintenance monitoring parameters have been revised as follows-
o Non -Polar Oil & Grease [EPA Method 1664 (SGT-HEM)] replaces
Oil & Grease/TPH. This requirement appears in all individual
stormwater permits; however, it only applies to facilities that
perform onsite vehicle maintenance activities. If the facility begins
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
1612 Mail Service Center 1 512 North Salisbury Street j Raleigh, NC 27699-1612
919 707 9200 T
vehicle maintenance during the permit cycle, the requirements shall
apply.
o pH monitoring is no longer required for discharges only associated
with vehicle maintenance activities.
4. A new section on Special Conditions has been added in Part I1, Section E to comply
with federal regulations requiring electronic submittal of discharge monitoring
reports. This section of the permit will become effective December 21, 2016.
5. Civil and administrative penalty amounts have been updated to reflect current federal
law in Part III, Section A, 2(b) and (g).
Please review the draft permit and submit any comments to me no later than 30 days
following your receipt of the draft. Comments may be emailed to me at
iulie.ventaloro(iZncdenr.gov or mailed to my attention at NCDEQ, Land Quality Section,
1612 Mail Service Center, Raleigh, NC 27699-1612. If you have any questions, please
email me or call me at (919) 807-6370.
Sincerely,
Julie Ventaloro
Stormwater Permitting Program
Attachment: Draft Permit NCS000161
cc: Zahid Khan, DEMLR Mooresville Regional Office
Stormwater Permitting Program Files
ecc: Charlie Stroman III, Emerald Performance Materials,
charlie.stroman@emeraldmaterials.com
State of Nbr& Cx*1= i Emimmtat Qmhty I En u...Mnerat and Land Reaves
1612 MA Service ['fir 1512 NbdhSdbbmyStmet I R&U44IVC 276MI612
919 707 9200 T
NCS000161
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
TO DISCHARGE STORMWATER UNDER THE
In compliance with the provisions of North Carolina C
lawful standards and regulations promulgated andac
Environmental Management Commission, and the,Fei
amended, . X-�\
is hereby authorize
d
KINATION SYSTEM t)
'ral Statute 143-215. , tither
�!d bythe North Carolina
1 Water Pollution Control Act, as
LLC
age stormwater from a facility located at
Emerald,Carolina Chemical, LLC
1.
--,,,18309 Wilkinson Blvd
Charlotte, NC
Mecklenburg County
to receiving waters designated as Paw 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, Ill, and IV hereof.
Note: Draft Permit Dates are Approximate
This permit shall become effective November 1, 2016.
This permit and the authorization to discharge shall expire at midnight on October 31,
2021.
Signed this day October 17, 2016.
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NCSOOD161
TABLE OF CONTENTS
PART [ INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART [I MONITORING, CONTROLS, AND LIMIT
DISCHARGES I
Section A: Stormwater Pollution Prevention P
v
Section B: Analytical Monitoring Require em i
Section C: Qualitative MonitoringRdq�ir/e/me`r
n ii
NS-FOR PERMITTED
Section D: On -Site Vehicle, aintenance Monitoring Requirements
v
Section E: Special
Conditions ,
PART III STANDARD CONDI-TIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
Section A: Compliance
and Liability
I.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
S.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
11.
Onshore or Offshore Construction
12.
Duty to Reapply
i
Permit No. NCS000161
Section B: General Conditions
1.
Permit Expiration
2.
Transfers
3.
Signatory Requirements
4.
Permit Modification, Revocation and Reissuance, or Termination
5.
Permit Actions
6.
Annual Administering and Compliance Monitoring Fee
Requirements h
Section C: Operation and Maintenance of Pollution Controls
cep\
1.
Proper Operation and Maintena
2.
Need to Halt or Reduce Not-a.Defense
3.
Bypassing of Stormwater Control Facilities
Section D: Monitoring
and Records
1.
Representative � Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test�Procedures
S.
Representtaative Outfall
6.
Records -Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
ii
Permit No. NCSDo0161
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 44 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES
stormwater discharge permit requirements. Any owner or operator wishing to obtain a No
Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to
the Division; must receive approval by the Division; ust,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 modifie?,br 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. f ��
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.
Part I Page 1 of 2
Permit No. NCS000161
SECTION C: LOCATION MAP
r
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NCS000161
N
w E
S
Map Scale 124,000
Emerald Carolina Chemical, LLC
Latitude: 350 14' 30" N
LonoWde: 800 54' 30" W
County: Mecklenburg
Receiving Stream: Paw Creek
Index No: 11-124
Stream Class: C
Sub -basin: 03-08-34 (Catawba River Basin)
Part i Page 2 of 2
�l�a� 1a~��ar► •♦ v
.:�?ter y\7.1t►a� x�� r �!': �;
Facility Location
Permit No. NCS000161
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 beIexpected,to contribute to
contamination of stormwater discharges. The Site Overview-sI&I 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 themItimate-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 locate'Jn/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.
Part II Page 1 of 15
Permit No. NCS000161
(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 Ili, 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 onflbws1Wherever practical, the
permittee shall prevent exposure of all storage areas material handling operations,
and manufacturing or fueling operations. Ind 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 R�Jent/
equireand Records. Secondary containment is
required for: bulk storage.of lic}u� materials: storage in any amount of Section 313
of Title III of the SuperfundAmendments and Reauthorization Act (SARA) water
priority chemicals: and storage•in any amount of hazardous substances, in order to
prevent leaks and spills ffrom'contaminating stormwater runoff. A table or summary
of all such tanks andltored materials and their associated secondary containment
areas shall be maintained..df the secondary containment devices are connected to
stormwater co nveyanc e. 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.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and on data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
Part II Page 2 of 1S
Permit No. NC5000161
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,Prog Vim. A preventative
maintenance and good housekeeping program(shatl 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. �Theprogram shall establish schedules of
inspections, maintenance, and housekeepinga'ctivities of stormwater control systems,
as well as facility equipment, facility areas, and facility systems that present a potential
for stormwater exposure o�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 I1 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
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.
PartII Page 3 of 1S
Permit No. NCS000161
Responsibilities for all components of the SPPP shall be documented and position
assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP
whenever there is a change in design, construction, operation, site drainage,
maintenance, or configuration of the physical features which may have a significant
effect on the potential for the discharge of pollutants to surface waters. All aspects of
the SPPP shall be reviewed and updated on an annual basis. The annual update
shall include:
(a) an updated list of significant spills or leaks of pollutants for the previous three
(3) years, or the notation that no spills have occurred (element of the Site
Overview); � /�
(b) a written re -certification that the stormy
the presence of non-stormwater discha g
(c) a documented re-evaluation of the eI4eci
BMPs (BMP Summary element of
(d) a review and comparison ofsamp
applicable) over the past year�j n
status. The permittee shall use
Monitoring Report (DMR)-form,
t
Program's website,(See''Monito
... r, ... *...\ . .
bkfalls�have been evaluated for
ement,of the Site Overview);
ss.ofthe on -site stormwater
ater Management Strategy).
data to benchmark values (if
cussion about Tiered Response
the Division's Annual Summary Data
available from the Stormwater Permitting
nine Forms' here:
The Director may notify'the perrriittee when the SPPP does not meet one or more of the
minimum requirements; ofthe permit. Within 30 days of such notice, the permittee
shall submit a time schedule'to the Director for modifying the SPPP to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 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 (S) years and made
available to the Director or the Director's authorized representative immediately upon
request
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1.
All analytical monitoring shall be performed during a measureable storm event at each
Part II Page 4 of 15
Permit No. NCS000161
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.
Table 1. Analytical MonitoringRe uirements
Discharge
Measurement
Sample
Sample
Characteristics
Units
Frequencyl
TYpe2
Location3
Total Suspended Solids TSS
m L
semi annual
Grab
SDO
Non -Polar Oil & Grease by
�� %��
Grab
SDO
mg/L
semi-annual
EPA Method1664 SGT-HEM
\ \
Chemical Oxygen Demand COD
m L.-
, �semi�annual
Grab
SDO
H
stan_dard�
semi-annual
Grab
SDO
Total Rainfall4emi-annual
,
Rain
-
inches
I Gauge,
Footnotes: 4"Y\�
1 Measurement Frequency: Twice•per year (unless other provisions of this permit prompt monthly
sampling) during a measureable storm event, until either another permit is issued for this facility or until
this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three
response actions under the previous.permit, the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or
the Division.
Z 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 measureable storm event, the total precipitation must be recorded. An on -site rain gauge
is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading
may be substituted for an on -site reading.
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
Part ll Page 5 of 15
Permit No. NCS000161
of benchmark comparison and Tiered response actions, the permittee shall use the
analytical results from the first sample with valid reftultss within the monitoring period.
Table 2. Monitoring Schedule
Monitoring periodl•2
Sample Number
Start
End
Year 1- Period 1
1
November 1, 2016
June 30, 2017
Year 1- Period 2
2
July 1, 2017
December 31, 2017
Year 2 - Period 1
3
January 1, 2018
June 30, 2018
Year 2 - Period 2
4 1
July 1, 2018
December 31, 2018
Year 3 - Period 1
5
January 1, 2019
June 30, 2019
Year 3 - Period 2
6
July 1, 2019
December 31, 2019
Year 4 - Period 1
7
January 1, 2020
June 30, 2020
Year 4 - Period 2
8
July 1�ZU20
December 31, 2020
Year 5 -Period 1
9
Al. ..r
January 1, 2021,//
June 30, 2021
Year 5 - Period 2
10
July,1, 201Z
October 31, 2021
Footnotes:
1 Maintain semi-annual monitoring until
permit is revoked or rescinded. The pe
before the submittal deadline (180 day
under the permit. The permittee must,
renewal process, even if a renewal perir
��,-:rN 4
2 If no discharge occurs during thesamp.
indicating "No Flow" or "No Disc yge=
Failure to monitor semi-anrivall}
monthly monitoring for all part
outfall during a monitoring Aerie
properly recorded and reported.
v \-;; °N
r'another permit is issued for this facility or until this
ee must submit an application for renewal of coverage
)re expiration) to be considered for renewed coverage
r t i-
nue analytical monitoring throughout the permit
not issued until after expiration of this permit
eriod, the permittee must submit a monitoring report
in 30 days of the end of the sampling period. .
perlpermit terms may result in the Division requiring
meters for a specified time period. "No discharge" from an
i does not constitute'failure to monitor, as long as it is
The permittee shall compare monitoring results to the benchmark values in Table 3.
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.
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristics
Units
Benchmark
Total Suspended Solids (TSS)
mg/L
100
Non -Polar Oil & Grease by
EPA Method1664 (SGT HEM)
mg/h
15
Part 1I Page 6 of 15
Permit No. NCS000161
Chemical Oxygen Demand
mg/L
120
pH
standard
6-9
The benchmark values in Table 3 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.
I��IN
Tier One
If. The first valid sampling results are above a benchmark value,r outside of the benchmark range, for any
parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection 6f he facility within two weeks of receiving sampling
results.
2. Identify and evaluate possible causes of
3. Identify potential, and select the�specific
improvements to reduce concentrations
within the benchmark range.
4. Implement the selected feasible ca lions
S. Record each instance of a Tier One respc
exceedence, the inspection date, the -per
date the selected actions were'im6femei
6. Note:
value exceedance.
IJs6urce controls, operational controls, or physical
parameters of concern, and/or to bring concentrations
vithin two months of the,inspection.
nse in the SPPP. Include the date and value of the benchmark
onnel conducting the inspection, the selected actions, and the
a different
Tier Two
a tiered
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.
Part II Page 7 of IS
Permit No. NCS000161
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
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�fo a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal
SECTION C: QUALITATIVE MONITORING
The purpose of qualitative monitoring is to evfilua"' i he"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- visual,inspection of each stormwater outfall regardless of
representative outfall statusrI litative monitoring shall be performed semi-annually as
specified in Table 4, and during required analytical monitoring events (unless the
RK
��
permittee is required to perform -further qualitative monitoring per the Qualitative
Monitoring Response, bel w 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 4. Qualitative Monitoring Requirements
Discharge Characteristics
Frequencyl
Monitoring
Location2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clan
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Part Il Page 8 of 1S
Permit No. NCSOOO161
Discharge Characteristics
Frequencyt
Monitoring
Location2
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators
of stormwaterpollution
semi-annual
SDO
Footnotes:
1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this
permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods through the end of
this permitting cycle. The permittee must continue qualitative mo�nito/ring throughout the permit renewal
process until a new permit is issued. l: //
Monitoring Location: Qualitative monitoring shall be
(SDO) regardless of representative outfall status.
A minimum of 60 days must separate mo
been instituted as part of other analytical rr,
If the permittee's qualitative monitoring
ineffective, or that significant stormv
investigate potential causes, evaluat(
those corrective actions within 60 d�
A written record of the permitt e's,
kept in the Stormwater Pollution Pre
ach stormwater discharge outfall
additional sampling has
is in this permit.
es that existing stormwater BMPs are
mination is present, the permittee shall
lity of corrective actions, and implement
Qualitative Monitoring Response, below.
,estigation, evaluation, and response actions shall be
rition Plan.
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.
Part II Page 9 of 15
Permit No. NCS000161
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities that have any vehicle maintenance activity occurring on -site which uses more
than 55 gallons of new motor oil per month when averaged over the calendar year
shall perform analytical monitoring as specified below in Table 5. All analytical
monitoring shall be performed during a measureable storm event at all stormwater
discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas,
and in accordance with the schedule presented in Table 2 (Section B).
Table S. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Sample
Sample
Frequencyl
Type2
Location3
Non -Polar Oil & Grease by
EPA Methodl664 SGT-HEM
mg/L.
��mi an �al
a Grab
SDO
Total Suspended Solids
m L:
sem a nual
r Grab
SDO
Total Rainfall4
inches
semi-annual
Rain gauge
New Motor Oil Usage
allons month
semiannual
1 Estimate 1-
Footnotes:
1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of
the permit prompt monthly sampling), until either'another permit is issued for this facility or until this
permit is revoked or rescinded. See Tablee2,foc schedule of monitoring periods through the end of this
permitting cycle. If the facility ismonitoring 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.
Z
Grate samples shall be collected within the first 30 minutes of discharge. When physical separation
between outfalls prevents collecting -.all samples within the first 30 minutes, sampling shall be begun within
the first 30 minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall
status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site.
4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain
gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge may
be substituted for an on -site reading.
Failure to monitor semi-annually per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period, as provided in Part II
Section B.
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require
the permittee to increase monitoring, increase management actions, increase record
keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part
II Section B.
Part II Page 10 of 15
Permit No. NCS000161
Table 6. Benchmark Values for Vehicle Maintenance Analvtical Monitoring
Discharge Characteristics
Units
Benchmark
Non -Polar Oil & Grease by
EPA Method1664 (SGT-HEM)
mg/L
15
Total Suspended Solids
mg/L
100
SECTION E: SPECIAL CONDITIONS
A (1.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S.143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports and specify that, if a state does not establish a system to
receive such submittals, then permittees must submit monitonng.data and reports
electronically to the Environmental Protection Agency(EPA�The final NPDES Electronic
Reporting Rule was adopted and became effective on December 21, 2015.
n
NOTE: This special condition supplements o
Part III of this permit (Stc
• Section B. (3.)
• Section D. (6.)
• Section E. (1.)
• Section E. (2.)
des the following sections within
Permits):
Reports
Part II Page 11 of 15
Permit No. NCS000161
1. ReVorting Requirements [SupplemCnts Section E. (1.) and Supersedes Section E.
Lu
Effective December 21, 2016, the permittee shall report discharge monitoring data
electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR)
internet application.
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 will be required
to complete the eDMR submission by printing, signing, and submitting one signed
original and a copy of the computer printed eDMR toJthe�following address:
NC DENR / 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 Wan 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-fie �submitted to the mailing address above. See "How to
Request a Waiver from Electronic Reporting' section below.
Regardless of the submission method, the first DMR is due no later than 30 days from
the date the facility receives the sampling results from the laboratory.
2. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least sixty
(60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not
exceed 5 years and shall thereupon expire. At such time, monitoring data and reports
shall be submitted electronically to the Division unless the permittee re -applies for and
is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Part 11 Page 12 of 15
Permit No.NCS000161
Information on eDMR and the application for a temporary electronic reporting waiver
are found on the following web page:
http://deQ.nc.gov/about/divisions./water-resources/edmr
3. Signatory Requirements [Supplements Section B. (3.) (b) and Supersedes Section
3. d
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 I1I, Section B. (3.)(b). A person, and not a position, must be
delegated signatory authority for eDMR reporting pu�rpos�es.
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
Certification. Any person submit
shall make the following certifica
CERTIFICATION WILL BE ACCEP,
we
lectronic DMR using the state's eDMR system
CFR 122.22]. NO OTHER STATEMENTS OF
7 certify, under penahty bf 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 hest of my
knowledge and belief, true, accurate, and complete. I am aware that there aresignifrcant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations "
4. Records Retention [Supplements Section Q. L"
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.
Part 11 Page 13 of 15
Permit No. NCS000161
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the initial permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished
within 12 months of the effective date of the initial permit issuance.
New Facilities applying for coverage for the first time: The'Siormwater 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 annu�al,basis�Secondary containment, as specified
in Part I1, Section A, Paragraph 2(b) of this permit shall be accompli"shed prior to the beginning of
stormwater discharges from the operation of the industrial^activity.
Existing facilities previously permitted
limitations, and controls contained in this
shall'become effective immediately upon,i
Pollution Prevention Plan for this permit i
months of the effective date` f this permit
containment, as specified in Part ll; Paragi
beginning of stormwater discharges from
i appiying.for renewal: All requirements, conditions,
mitlexcept new SPPP elements in this permit renewal)
ance of this permit New elements of the Stormwater
wok all be developed and implemented within 6
[,updated thereafter on an annual basis. Secondary
r 2(b) of this permit shall be accomplished prior to the
operation of the industrial activity.
2. Duty to Cgmnly )J "
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 122.41].
a. The permittee shall comply with standards or prohibitions established under section 307(a) of
the CWA for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the 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)].
Part III Page 1 of 9
Permit No. NCS000161
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both. In the case of a second or subsequent conviction for a knowing violation, a person
shall be subject to criminal penalties of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)].
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act,
or any permit condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, and who knows at that time that he thereby places another person in
imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of
not more than $250,000 or imprisonment of not.more than 15 years, or both. In the case of a
second or subsequent conviction for a knowing endangerment violation, a person shall be
subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii)lof 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)].
r
f. Under state law, a civil penalty of not more than $25 00 \vio� n 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 § 143-215.6�A].
V
g. Any person maybe assessed an administrative en 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 f r Class XI]
iolations are not to exceed $20,628 per violation, with the
maximum amount of any Class I penalty,assessed not to exceed $51,570. Penalties for Class II
violations are not to exceed'.$16 000�per day for each day during which the violation continues,
with the maximum amount of any�lass 11 penalty not to exceed $257,848 [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)].
3. Duty to Mitigate
The permittee shall take al1reasonable 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 11I, 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)].
Part II I Page 2 of 9
Permit No. NCS000161
7. 5everabili
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 150B-23].
B. 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 perviolation, 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 oin&flmore thaa-4 years, or both [40 CFR 122.41].
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person,who�knowingly makes any false statement,
representation, or certification in any record'o/Ir other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
g, P P P
noncompliance shall, upon conviction,,be punished',by a fine of not more than $10,000 per violation,
or by imprisonment far notC re than two years -per violation, or by both [40 CFR 122.411.
11. Onshore or Offshore Construction \
ize This permit does not authoror approve the construction of any onshore or offshore physical
structures or facilities orfthe undertaking of any work in any navigable waters.
12. Duty to Reap&
If the permittee wishes to-Coritinue 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.
Part III Page 3 of 9
Permit No. NCS000161
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 143-21SACb)(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.
3. Sig!iatory 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
ZZ
responsible corporate officer means: (a) a president secretary, treasurer or vice president
of the corporation in charge of a principal buslne s"function, or other person who
performs similar policy or decision making functions forttlie corporation, or (b) the manager
of one or more manufacturing, production, or operating facilities, provided, the manager is
authorized to make management decisions;whichgovern 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
it
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 bee�rs�dpro,�Dp\rniet�hlip:
igned ondelegated to the manager in accordance with corporate
procedures.
(2) For a partnership o/by a general partner or the proprietor,
respectively, or /� " r
(3) For a municipality, state, felderal, 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 122.22].
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements of paragraph (b) of this section must
be submitted to the Director prior to or together with any reports, information, or applications to
be signed by an authorized representative [40 CFR 122.22).
Part Ill Page 4 of 9
Permit No. NCS000161
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
properly gather and evaluate the information submitted Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible forgathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are signif cant penalties for submitting false information,
including the possibility of fines and imprisonmentfor knowing violations."
4. Permit Modification. Revocation and Reissuance, or Termination
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, Sdbchapter 22H .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
6. Annual Administering and Cmpliance Mtonng a Re
quirements
equirements
The permittee must pay the administering and ompliance monitoring fee within 30 (thirty) days
after being billed by the Di Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H .0105(b)(2) may cause the.Divisvn 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. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
permit [40 CFR 122.41(c)].
3. Bypassing of Stormw ter 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
Part III Page 5 of 9
Permit No. NCS000161
c. The permittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may
approve an anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume
and nature of the permitted discharge. Analytical sampling shall be performed during a measureable
storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. Monitoring points as specified in this permit shall not be changed without
notification to and approval of the Permit Issuing Authority [40 CFR 122.410)].
2. Recording Results /�
For each measurement or sample taken pursuant to the requirem��of this permit; the permittee
shall record the following information [40 CFR 122.411f�
a. The date, exact place, and time of sampling or
b. The individual(s) who performed the samplin
c. The date(s) analyses were performed; �/ /,
d. The individual(s) who performed the analyses;
e. The analytical technique ,or methods usedv d
f. The results of such analyses.
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall,be selecteAnd 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.
S. 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.
Part III Page 6 of 9
Permit No. NCS000161
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].
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director0ror iri 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; L/
c. Inspect at reasonable time�any,fsacile;.esquipment (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
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director 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(htto://deq.nc.gov/aboutjdivisionsJenergy-mineral-
land-resources /enerEv-mineral-land-hermits/stormwater-permits /nodes-industrial-swl.
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 T15A 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_
Part III Page 7 of 9
Permit No. NCS000161
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 Repots h
1\-e
Except for data determined to be confidential under NCGS T43-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with th ;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 143-215.613 or in Section 309 of
the Federal Act. //� . \ n
4. Non-Stormwater Discharges
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 provideelhiis information with the stormwater discharge
monitoring report.
S. Planned Changes
The permittee shall givZn(oticet�,,, the Director as soon as possible of any planned changes at the
permitted facility which. couldsiificantly 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
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.
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.
PartIII Page 8 of 9
10.
11.
Permit No. NCS000161
Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the circumstances.
A written submission shall also be provided within 5 days of the time the permittee becomes
aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR
122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section
if the oral report has been received within 24 hours.
c. Occurrences outside normal business hours mayJalso be•r`ported tdthe Division's Emergency
Response personnel at (800) 662-7956, (800) 8S8 0368 or,(90 9)i733-3300.
Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at
the time monitoring reports are submitted [40 CFEt-122.41(l)(7)].
OtherInformation �� �� ��
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; r information [40 CFR 122.41(1)(8)].
Part I II Page 9 of 9
NCS000161
PART IV DEFINITIONS
1. &ct
See Clean Water Act.
2. Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
Flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical.
When adverse weather conditions prevent the collection of samples during the sample period, the
permittee must take a substitute sample or perform a visual assessment during the next qualifying
storm event. Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with SPPP records. Adverse weaatthe does not exempt the permittee from
having to file a monitoring report in accordance with the sampling schedule. Adverse events and
failures to monitor must also be explained and reported on the relevant, R.
3. Allowable Non-Starrwater Discharges `-�
This permit regulates stormwater discharges. However, non-stormwater discharges which shall be
allowed in the stormwater conveyance system✓nclude-.\
a. All other discharges that are authorized by -a nor%stormwater NPDES permit.
b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows•fromriparian habitats and wetlands.
c i
c. Discharges resulting from fire -fighting or -fire -fighting training, or emergency shower or eye
wash as a result of use in,the event of an emergency.
4. Best Management Practicek'(BMPs
Measures or practices used to red
uce`the amount of pollution entering surface waters. BMPs may
take the form of a process, activity�or physical structure. More information on BMPs can be found at:
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 located in close proximity to each other having a
total combined storage capacity of greater than 1,320 gallons.
7. CertificaLe 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.
8. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
9, Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
10. Director
Part IV Page 1 of 4
Permit No. NCS000161
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
11. "M�
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 -hazardous waste long-term
storage facility or a surface storage facility. ,1
15. Measureable Storm Event
A storm event that results in an actual discharge ft
measurable storm event must have been at least 7
apply if the permittee is able to document that a s 1
events during the sampling period, and obtains•ap
copies of this information and a written request le
Office. After authorization by the DEMLR'Regiaria
site in the permittee's SPPP. n�l/
16.
A stormwater collection
town.
permitted site outfall. The previous
prior. The 72-hour storm interval may not
iterrval is representative for local storm
rom the local DEMLR Regional Office. Two
11 be sent to the local DEMLR Regional
a written approval letter must be kept on
area of local self-government such as a city or
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 StQrmwaterr
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.
Part IV Page 2 of 4 Pages
Permit No. NCS000161
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. 5econdaly Containment
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 1I1, 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 II•(organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances),
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or V
iii. Is a pollutant for which EPA has ptibl si hed acute or chronic water quality criteria.
25. Severe Prop_er�y Damage
Substantial physical damage `to property, damage to the control facilities which causes them to
become inoperable, or substtantial•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 MateFials ��
Includes, but is not limited fo:.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 Outfgll (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including
but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection
areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina.
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
30. Stormwater Associated with Industrial Activity
Part IV Page 3 of 4 Pages
Permit No. NCS000161
31.
32.
33.
34.
35.
36.
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.
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.
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 htto: Ildeg.nc.gov/about/divisions f water-resourcealplanning/judel
assessment/tmdls.
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(I,ofve Clean t
Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs,
or airport deicing operations.
Visible Sedimentation
Solid particulate matter, both mineral.ai
air, gravity, or ice from its sitee of�origin ii
The maximum 24-hour
in 25 years.
vehicle cleaning operations,
iat has been or is being transported by water,
seen with the unaided eye.
expected to be equaled or exceeded, on the average, once
Part IV Page 4 of 4 Pages
i
Y
• qW
Emerald Performance MaterL*
February 20, 2014
Mr. Bradley Bennett
Supervisor
Stormwater Permitting Program
Division of Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27626-0535
Re: NCS000161 Permit Renewal
Dear Mr. Bennet:
Please find enclosed the permit renewal application for NPDES Permit NCS000161.
As requested, we have enclosed two copies of the following.
1. The site map from the Stormwater Pollution Prevention Plan.
2. A summary of the analytical monitoring results during the term of the
existing permit.
3. A summary of the visual monitoring results during the term of the existing
permit.
4. A summary of best management practices at the facility.
5. A description of any significant changes at the facility.
6. The Stormwater Pollution Prevention Plan certification page.
If you have any questions concerning the permit renewal application, please call me
at (704) 391-6444
Sincerely
J. David Sikes
Health, Safety & Environmental Manager
LIN
SUPPLEMENTAL INFORMATION REQUIRED FOR PERMIT RENEWAL
NPDES PERMIT NCS000161
1. Please see the attached copy of the current site map from the Stormwater
Pollution Prevention Plan. It is denoted as Figure 2.
Emerald Carolina Chemical, LLC
Permit NC5000161 Renewal
. • -
E
2., Summary of Analytical Monitoring
Date
Monitored
Outfall ID
pH
COD
TSS
HEM
(oil and grease)
3/10/2010
001
6.5
ND
12
ND
3/10/2010
002
6.5
51
210
ND
3/10/2010
003
6.0
65
A60-
ND
3/10/2010
004
6.0
NO
',130:
10
3/11/2010
005
6.0
85
320.
ND
3/11/2010
006
6.5
NO
ND
ND
3/11/2010
007
6.5
ND
3.5
ND
3/10/2010
008
6.0
70
3.0
ND
Date
Monitored
Outfall ID
pH
COD
TSS
HEM
(oil and grease)
10/20/2010
001
6.5
ND
2.7
ND
10/20/2010
002
6.0
66
7.2
ND
10/20/2010
003
6.0
66
16
ND
No Flow
004
No Flow
No Flow
No Flow
No Flow
No Flow
005
No Flow
No Flow
No Flow
No Flow
No Flow
006
No Flow
No Flow
No Flow
No Flow
No Flow
007
No Flow
No Flow
No Flow
No Flow
10/20/2010
008
6.0
:1100 '.
3.0
NO
Date
Monitored
Outfall ID
pH
COD
TSS
HEM
(oil and grease)
1/26/2011
001
5.9
ND
8.7
NO
1/26/2011
002
6.6
NO
12
ND
1/26/2011
003
6.3
98
45
ND
1/26/2011
004
6.4
ND
42
ND
1/26/2011
005
6.4
ND
29
ND
1/26/2011
006
6.7
ND
37
ND
1/26/2011
007
7.1
100
68
5.3
1/26/2011
008
6.8
ND
1.2
ND
Date
Monitored
Outfall ID
pH
COD
TSS
HEM
(oil and grease)
8/5/2011
001
6.5
ND
1.6
NO
8/5/2011
002
6.0
ND
39
ND
8/5/2011
003
6.5
ND
4.9
ND
8/5/2011
004
6.0
ND
4.9
ND
8/5/2011
005
7.0
ND
ND
ND
8/5/2011
006
6.5
ND
9.7
ND
8/5/2011
007
6.0
NO
8.8
NO
8/5/2011
008
6.5
N D
7.2
N D
Emerald Carolina Chemical, LLC
Permit NCS000161 Renewal
Date
Monitored
Outfall ID
pH
COD
TSS
HEM
(oil and grease)
1/11/2012
001
6.5
62
ND
ND
1/11/2012
002
6.0
91
26
ND
1/11/2012
003
6.0
--160
22
ND
1/11/2012
004
6.5
100
140'�
8.0
1/11/2012
005
6.5
100
24
ND
1/11/2012
006
6.0
63
ND
ND
1/11/2012
007
6.5
59
52
5.8
1/11/2012
008
6.0
,300:
28
7.1
Date
Monitored
0utfall ID
pH
COD
TSS
HEM
(oil and grease)
8/17/2012
001
7.0
ND
1.9
ND
8/17/2012
002
6.5
ND
14
ND
8/17/2012
003
6.5
60
1.9
ND
8/17/2012
004
6.0
ND
1.7
8.0
8/17/2012
005
6.5
77
30
ND
8/17/2012
006
6.0
ND
19
4.7
8/17/2012
007
6.5
85
73
ND
8/17/2012
008
6.5
120
74
6.2
Date
Monitored
Outfall ID
pH
COD
TSS
HEM
(oil and grease)
2/26/2013
001
6.0
ND
5.2
ND
2/26/2013
002
6.5
21
27
ND
2/26/2013
003
6.0
23
28
ND
2/26/2013
004
6.0
16
6.8
8.0
2/26/2013
005
6.5
110
8.8
8.3
2/26/2013
006
6.5
ND.
7.0
ND
2/26/2013
007
6.0
ND
2.7
ND
2/26/2013
008
6.0
ND
3.4
ND
Date
Monitored
Outfall ID
pH
COD
TSS
HEM
(oil and grease)
9/25/2013
001
6.5
17
1.2
ND
9/25/2013
002
6.5
56
4.8
ND
9/25/2013
003
6.5
56
9.8
ND
9/25/2013
004
6.0
53
120
ND
9/25/2013
005
6.0
17
32
ND
9/25/2013
006
6.5
24
14
ND
9/25/2013
007
6.0
60
1.3
ND
9/25/2013
008
6.0
65
17
ND
Emerald Carolina Chemical, LLC
Permit NC5000161 Renewal
L-)
3. A summary of the visual monitoring
Date
Monitored
OutfallID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
3/10/2010
001
1
1
1
1
1
1
1
3/10/2010
002
1
1
1
1
1
1
1
3/10/2010
003
2
1
2
2
2
1
1
3/10/2010
004
2
1
2
2
2
.1
1
3/11/2010
005
2
1
2
2
2
1
1
3/11/2010
006
1
1
1
1
1
1
1
3/11/2010
007
1
1
1
1
1
1
1
3/10/2010
008
1
1
1
1
1
1
1
Date
Monitored
OutfallID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
10/20/,2010
001
1
1
1
1
1
1
1
10/20/2010
002
1
1
1
1
1
1
1
10/20/2010
003
2
1
2
2
1
1
1
No Flow
004
NF
NF
NF
NF
NF
NF
NF
No Flow
005
NF
NF
NF
NF
NF
NF
NF
No Flow
006
NF
NF
NF
NF
NF
NF
NF
No Flow
007
NF
NF
NF
NF
NF
NF
NF
10/20/2010
008
1
:::l::l
1
1
1
1
1
Date
Monitored
OutfallID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
1/26/2011
001
1
1
1
1
1
1
1
1/26/2011
002
2
1
2
1
1
1
1
1/26/2011
003
1
1
1
1
1
1
1
1/26/2011
004
1
1
1
1
1
1
1
1/26/2011
005
1
1
1
1
1
1
1
1/26/2011
006
2
1
2
2
2
1
1
1/26/2011
007
2
1
2
2
2
1
1
1/26/2011
008
1
1
1
1
1
1
1
Date
Monitored
OutfallID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
8/5/2011
001
1
1
1
1
1
1
1
8/5/2011
002
1
1 1
1
1
1
1
1
8/5/2011
003
1
1
1
1
1
1
1
8/5/2011
004
1
1
1
1
1
1
1
8/5/2011
005
1
1
1
1
1
1
1
8/5/2011
006
1
1
1
1
1
1
1
8/5/2011
007
2
1
2
2
2
1
1
2011
008
1
1
1 1
1 1
1
1
1
Emerald Carolina Chemical, LLC
Permit NCS000161 Renewal
r-)
Date
Monitored
OutfallID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
1/11/2012
001
1
1
1
1
1
1
1
1/11/2012
002
2
1
2
1
1
1
1
1/11/2012
003
1
1
1
1
1
1
1
1/11/2012
004
2
1
2
1
1
1
1
1/11/2012
00S
1
1
1
1
1
1
1
1/11/2012
.006
1
1
1
1
1
1
1
1/11/2012
007
2
1
2
2
2
1
1
1/11/2012
008
1
1
1
1
1
1
1
Date
Monitored
Outfall10
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
8/17/2012
001
1
1
1
1
1
1
1
8/17/2012
002
1
1
1
1
1
1
1
8/17/2012
003
1
1
1
1
1
1
1
8/17/2012
004
2
1
2
2
2
1
1
8/17/2012
005
1
1
1
2
2
1
1
8/17/2012
006
1
1
1
1
1
.11
1
8/17/2012
007
2
1
2
2
2
1
1
8/17/2012
008
1
1
1
2
2
1
1
Date
Monitored
Outfali ID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
2/26/2013
001
1
1
1
1
1
1
1
-2/26/2013
002
1
1
1
1
1
1
1
2/26/2013
003
1
1
1
1
1
1
1
2/26/2013
004
1
1
1
2
2
1
1
2/26/2013
005
2
1
2
1
1
1
1
2/26/2013
006
1
1
1
1
1
1
1
2/26/2013
007
1
1
1
1
1
1
1
2/26/2013
008
1
1
1
1
1
11
1
Date
Monitored
OutfallID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
9/25/2013
001
1
1
1
1
1
1
1
9/25/2013
1 002
1
1
1
1
1
1
1
9/25/2013
003
1
1
1
1
1
1
1
9/25/2013
004
1
1
1
2
2
1
1
9/25/2013
005
1
1
1
1
1
1
1
9/25/2013
006
1
1
1
1
1
1
1
9/2S/2013
007
1
1
1
1
1
1
1
9/25/2013
008
1
1
1
2
2
1
1
1 = None 2 = Faint
3 = Moderate
4 = Strong
Emerald Carolina Chemical, LLC
Permit NC5000161 Renewal
4. Summary of Best Management Practices
The Emerald Carolina Chemical facility is engineered to contain stormwater from
process areas by directing flow to two 90,000 gallon SPCC basins. Water can be
released from these basins in two ways. Stormwater can be directed to the
wastewater treatment plant located on -site or a flow buffer basin located adjacent
to the WWTP. In addition, several above ground storage tanks are diked and
equipped with a compacted clay liner and a 6" French drain system. Drainage
from all tank storage areas are routed to the SPCC basins. Other best
management practices at the facility include the storage of full and empty drums
in designated areas inside the facility, the regular pickup of trash, and the
removal of manifested waste. Furthermore, the facility stores hazardous waste in
three locations equipped with secondary containment. The primary location is an
engineered designed covered hazardous waste pad and each of the two labs on
site has a satellite hazardous waste area which is also equipped with secondary
containments.
Currently, the facility performs many preventative maintenance activities to
prevent the contamination of stormwater. For example, the following inspections
are performed weekly.
• Inspections for evidence of corrosion or erosion in storage areas.
• Inspections for evidence of leakage in storage areas.
• Inspections of the hazardous waste storage area.
• Inspections of the decontamination equipment.
• Inspections of the hazardous waste loading area
• Inspections of the universal waste storage area.
Emerald Carolina Chemical has proposed several additional best management
practices at the Charlotte facility. The facility has plans to install filtration or
screen type devices at each of the storm drain inlets on site. The facility is also
evaluating the feasibility of obtaining covers for all trash dumpsters as well as
providing a canopy or tarp for all scrap metal and pallet storage areas.
5. Significant Changes in Industrial Activity
In 2010 Silicone Fluid Reactives (SFR) and Vinyl Silicones (VS) were introduced
into production. The chemicals involved in the SFR and VS manufacturing
process are stored within the confines of the warehouse and also in one above
ground diked storage tank in the tank farm. The production area for SFR and VS
materials is in the resins building which is equipped with chemical sewer lines
that feed to the wastewater treatment plant.
The Glyoxal manufacturing process located in the southwest portion of the facility
which was an outside process has been completely removed from the facility.
Emerald Carolina Chemical, LLC Permit NCS000161 Renewal
U
This favorably reduces the amount of industrial processes on site that come in
contact with stormwater.
6. A Stormwater Pollution Prevention Plan has been developed for the facility.
Please see attached certification page.
Emerald Carolina Chemical, LLC
Permit NCS000161 Renewal
Permit Coverage Permit Number
Renewal Application Form NCS00016'1
ROM * National Pollutant Discharge Elimination System
Stormwater Discharge Permit
r _�—
,._ 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
owner/ Organization Name:
Emerald Carolina Chemicals
F_ Me1ZAti>
C4ea4K4 Ctit�KtiCA , L -r ✓
Owner Contact:
Rick Brinly
Otu
C'Xioli
Mailing Address:
8309 Wilkinson Blvd
630q
W A
Charlotte, NC 28208
Phone Number:
70-341
(o�b p
Fax Number:
749q-3'1Q—)DW0
Facility./ftrmit
Facility Name:
Noveon Textile Chemical, lnc.�Ithl�i
Ce�¢ouNA- i:��El�+►Cl�L, uc.
Facility Physical Address:
8309 Wilkinson Blvd
$SDQ W i lkiMSON Slid
Charlotte, NC 2820E
I '"
Facility Contact:
!y
.., 1
Mailing Address:
lkns" Ad
Phone Number:
CMm"mm, - C2V 1,F
704 -M. (0-W t/
Fax Number:
_
7 92- 14W0
E-mail address:en�
Q.�q�,Ggyj
Discharge Information
Receiving Stream
Paw Creek
Stream Class:
C
Basin:
Catawba River Basin
G
Sub -Basin:
03-08-34
u.-au.�-- - ,yam 1A1
Number of Outfalls:
_4 09 n34 -
Impaired Waters/TMDL
Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? i3 Yes ❑ No 0 Don't Know
( for information on these waters refer to http://h2o.enr.state.nc.us/su/Impaired Waters TMDL/ )
CERTIFICATION
I certify that 1 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.
Signature
v ��vl> Slams
Print or type name of person signing above
Date 01' 17
AvTM &MM 'UN K anrWR
Title NJ
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
.0. .. • 'w ,
STORMWATERPOLLUTION PREVENTION :PLAN
'DEVELOPMENT AND IMPLEMENTATION
CERTIFICATION
North Carolina Division of Energy, Mineral, and Land Resources - Stormwater Permitting
Facility Name: Noveon Textile Chemical, Inc.
Permit Number: NCS000161
Location Address: 8309 Wilkinson Blvd
Charlotte, NC 28208
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
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."
And
"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."
,ind
"I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing
violations."
Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND
STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION.
Signature
J.- bAMIn -51Kk,�s _
Print or type name of person signing above
Date oa/� ljzoi9
I&Q4 JtVIi DAI��
Title
SPPP Certification 10/13
TANK DATA
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FLOW BUFFER
BASIN
DRAINAGE
AREA
IMPERVIOUS
AREA
PERVIOUS
AREA
TOTAL
AREA
LATITUDE
LONGITUDE
01
0.52 AC
0.57 AC
1.09 AC
35'14'44'
80.58'86'
02
3.37 AC
0.52 AC
3=89 AC
35°14'44"
80058,86,
03
0.34 AC
0.16 AC
0.50 AC
35"14'44'
ed°58'88'
04
0.14 AC
0.11 AC
0.25 AC
35014'41'
80*SW86"
05
0.54 AC
0.05 AC
0.59 AC
35°14`:39'
80.5985"
06
0.38 AC
--- AC
0.38 AC
35°14'38'
80°58'85'
07
0.42 AC
0.15 AC
0.57 AC
35'14'37'
80.58'85'
08
0.21 AC
--- AC
0.21 AC
35"14'32'
I 80.58'99'
t
DISCHARGE ODNNMls TO CITY OF CKNOM E
SfO MWATER SVBr[N TNEN TO PAW GRmc ROAD
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pRAAREA OS
— AGES------ {
/ s BUILDING 1
--------------i
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STORMWATER POLLUTION PREVENTION PLAN
it �FF .............
EMERALD "O, 7 ." •. ■'..•••••.'i
WASTE
STORAGE
1
,•. DRAINAGE
AREA
02
WAREHOUSE
V/ OFU4
r PARKING /
/ AREA
JPAVED
` HAZARDOUS WASTE
i SATELLITE STORAGE
SPILL
KIT
tOOM \ FRONT
OFFICE/
R&D LAB
Dumpsnm
_ y _ DRAINAGE !
AREA Q
DRA MAGE 1 01 r
R
03 0
ILI_ CID
GRASWD OFDT U)
'<�TY OF03
LEGEN
-- STORM saym
— WASTEWATR
■ cam BASIN
A DRUMS
■ TOTES
USED PALLM
DUMPSEFR
AV scw METAL
8 SCRAP EQUIPMENT
FFMOWSIRECflOW�1
SITE PLAN AND DRAINAGE PATTERN
1'-EO' A*A%L R1. 2ID14
SPPPR•rlwd 4-2014REX c
sau a MT
sa :s
2
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue .
Govemor
DATE: July 15, 2009
TO: Charlotte Observer
Division of Water Quality
-Coleen H. Sullins
Director
EMAIL: publicnotices@charlotteobserver.com
FROM: SARAH YOUNG, DIVISION OF WATER QUALITY
SUBJECT: PUBLIC NOTICE
PAGES: 1
Dee Freeman
Secretary
Please publish only the information (Public Notice) attached, ONE TIME in the legal section of your paper by
Tuesday, July 21, 2009. 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
NC DIVISION OF WATER QUALITY INTENT TO ISSUE TWO STORMWATER DISCHARGE PERMITS
Public comment or objection to the draft.permit is invited. Submit written comments to DWQ at the address below.
All comments received prior to August 20, 2009 will be considered in the final determination regarding permit
issuance and permit provisions. _
Application: Emerald Performance Materials, LLC, 8309 Wilkinson Boulevard, Charlotte, NC 28214 has applied for
an NPDES permit to discharge stormwater from an industrial facility at. Performance Materials, LLC, 8309
Wilkinson Boulevard, Charlotte, NC, Mecklenburg County. The facility discharges to the.Paw River.
Application: Detrex Corporation & Parts Renewal, 24901 Northwestern Highway, Suite 410. Southfield, MI 48075
has applied for an NPDES permit to discharge stormwater from an industrial facility at: Detrex Corporation & Parts
Renewal, 3114 & 3124 Cullman Ave. Charlotte, NC, Mecklenburg County. The facility discharges to Little Sugar
Creek.
Copies of the draft permits, Nos. NCS000161 and NCS000213, are available at:
httpa/t12o_enr.state.nc.uslsu/publicnotice_htm . Additional permit documents are available for the reproduction cost at:
DWQ Stormwater Permitting Unit
512 N. Salisbury Street (location, zip 27604)
1617 Mail Service Center (mail)
Raleigh, NC 27699-1617.
DWQ Contact: Brian Lowther
(919)-807-6368
brian.lowther@ncdenr.gov .
lti1 f Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604
Phone: 919.807-63001 FAX: 919-807-64941 Customer Service:1-877-623-6748
Intemet www.ncwaterqualfy.org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarohna
Naturra!!y
S
NC DIVISION OF WATER QUALITY INTENT TO ISSUE TWO
STORMWATER DISCHARGE PERMITS
Public comment or objection to the draft permit is invited. Submit
written comments to DWQ at the address below. All comments
received prior to August 20, 2009 will be considered in the final
determination, regarding permit issuance and permit provisions.
Application: Emerald Performance Materials, LLC, 8309
Wilkinson Boulevard, Charlotte, NC 28214 has applied for an
NPDES permit to discharge stormwater from an industrial facility
at: Emerald Performance Materials, LLC, 8309 Wilkinson
Boulevard, Charlotte, NC, Mecklenburg County. The facility
discharges to the Paw River.
Application: Detrex Corporation & Parts Renewal, 24901
Northwestern Highway, Suite 410. Southfield, MI 48075 has
applied for an NPDES permit to discharge stormwater from an
industrial facility at: Detrex Corporation & Parts Renewal, 3114 &
3124 Cullman Ave. Charlotte, NC, Mecklenburg County. The
facility .discharges to Little Sugar Creek.
Copies of the draft permits, Nos. NCS0001.61 and NCS000213,
are available at: hftp:Hh2o.enr.state.nc.us/sulpublicnotice.htm.
Additional permit documents are available for the reproduction
cost at:
DWQ Stormwater, Permitting Unit
512 N. Salisbury Street (location,
1617 Mail Service Center (mail)
Raleigh, NC 27699-1617
DWQ Contact: Brian Lowther
(919)-807-6368
brian:lovirther@ncdenr.gov.
LP6366778.
zip 27604)
The Charlotte Observer Publishing Co.
Charlotte, NC
North Carolina I- ss Affidavit of Publication
Mecklenburg County}
THE CHARLOTTE OBSERVER
i
STORMWATER PERMITTING UNIT i
NCSDENR/DWQ
1617 NAIL SERVICE CENTER i
RALEIGH NC 27699-1677
i
REFERENCE: 30064055
6366778 stormwater discharge
Before the undersigned, a Notary Public of said i
County and State, duly 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 i
representative of The Charlotte Observer i
Publishing Company, a corporation.organi zed and
doing business under the laws of the State of i
Delaware, and publishing a newspaper, known as The i
Charlotte Observer in the city of Charlotte, i
County of Mecklenburg, and State of North Carolina
and that as such he/she is familiar with the i
books, records, files, and business of said i
Corporation and by reference to the files of said-1
publication, the attached advertisement was i
inserted. The following is correctly copied from f
the books and files of the aforesaid Corporation
and Publication. i
i
i
i
i
i
PUBLISHED'ON: 07/21 i
i
- i
i
AD SPACE: 70 LINE
FILED ON:. 97/24/09
NAME: ��►Cj1 aJ(!!1�LYiti TITLE:
DATE: .
In Testimony Whereof I have hereunto set my hand an affixed my seal, the
day a d year afor s id_
day ad!My Commission Expires May 1 �7; 2011
Notar My Commission Expires: _/,_f`
N
��A
a�
NC®ENR
-North Carolina Department of Environment and Natural Resources -
Division of Water Qua1i ,
,
Beverly Eaves Perdue Coleen H. Sullins ��' - ; ' "Dee F' eman
Governor Director. �� :secretary
July 15, 2009 J It i_ } 7 2009
Mr. Hans Hansen . -
Emerald Performance Materials ,
.8309 Wilkinson Blvd.
Charlotte, NC 28214 DW�r^ ,+-�ri;; a �i�. • i r u+�%u inn
Subject: Draft NPDES Storinwater Permit
Permit No. NCS000161
Emerald Performance Materials'
Mecklenburg County
Dear Mr. Hansen:
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. Analytical monitoring parameters, TSS, TPH and COD, have been added to this permit, ' . .
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 R 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 eiid.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. Exceedance's 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
anyoutfall 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 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.
5.. You are required to collect all of the analytical and qualitative monitoring samples during representative
storm events as defined in Part II Section 13. 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
7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall
parameter is in this permit, however.)
Wetlands and Stommater Branch 1�7One 7' 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 1 V OhCc`1r0�1I2a
Location: Sit N. Salisbury St. Raleigh, North Carolina r276G4
Service:
��l�llPll��l�
Phone: 919�07-&3� 1 FAX: 919�t}7-64941 Customer Service:1-877�23�74$ - Naturally
Intemet: www.ncwaterquality.org
An Equal Opportunity l Alfimwtive Action Employer
Mr. Hans Hansen
Emerald Performance Materials
Permit No. NCS000161
.8. Vehicle maintenance monitoring has been revised to semi-annually in order. to coincide with analytical
and qualitative monitoring. This requiremenfappears 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 n'ot contain non-stormwater discharges. Additional information is
provided in Part H Section A.
2. Additional requirements for the .Stormwater Management Plan have been specified in Part II Section A.More details regarding secondary containment are provided..
3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II
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 sites Stormwater
management controls as specified in Part H 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.
6. Per the requirements of the Catawba Riparian Buffer Rule, all stormwater drainage from portions of
this site that have been constructed after June 30, 2001 must be discharged through a correctly
designed level spreader or another device that meets diffuse flow.requirements per 15A NCAC 2B
.0243. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP
Manual, available at: hqp.-//h2o.enr.state.nc.us/su/b.mp forms.htm -
PIease submit any comments to me no Iater 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 willlikely be issued in about two months.
If you have any questions or comments concerning this draft permit, contact me at (919) 807-6368 or
brian.lowther®ncdenr.gov
cc: Mooresville Regional Office
Stormwater Permitting Unit
Attachments: Draft Permit
Sincerely,
Brian Lowther .
Environmental Engineer
Stormwater Permitting Unit
PA
North Carolina
Beverly Eaves Perdue
Governor
Mr. James Nelli
Noveon Textile Chemicals, Inc.
8309 Wilkinson Blvd.
Charlotte, NC 28214
Dear Mr. Nelli:
g0"
,�
NCDENR
Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
March 4, 2009
Dee Freeman
Secretary
Subject: NODES Permit Renewal Application
Noveon Textiles Chemicals, Inc.
Permit Number NCS000161
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 NCS000161 on December 3,
2004. 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 NODES stormwater permit. As
long 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,
brian.lowther@ncmail.net.
Sincerely,
Brian Lowther
Environmental Engineer
Stormwater Permitting Unit
cc: Mooresville Regional Office
Stormwater Permitting Unit Files
Central Files
Wetlands and Stormwater Branch One,1,
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 N01 l%Carolina
Location: 512 N. Salisbury 5t. Raleigh, North Carolina 27604 � ��1 r�r�
Phone: 91M07-63001FAX: 91M07-64941Customer Service: 1-877-623-6748 Na`
Internet: www.ncwaterquality.org
An Equal OpportuniityWfirmativo Action Employer
February 20, 2014
Mr. Bradley Bennett
Supervisor
Stormwater Permitting Program
Division of Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27626-0535
Re: NCS000161 Permit Renewal
Dear Mr. Bennet:
Please fired enclosed the permit renewal application for NPDES Permit NCS000161.
As requested, we have enclosed two copies of the following.
iry 1. The site map from the Stormwater Pollution Prevention Plan.
2. A summary of the analytical monitoring results during the term of the
existing permit.
3. A summary of the visual monitoring results during the term of the existing
permit.
4. 'A summary.of best management practices at the facility.
5. A description of any significant changes at the facility.
6. The Stormwater Pollution Prevention Plan certification page.
If you have any questions concerning the permit renewal application, please call me
at (704) 391-6444
P
ely
i
J. David Sikes
Health, Safety & Environmental Manager
SUPPLEMENTAL INFORMATION REQUIRED FOR PERMIT RENEWAL
NPDES PERMIT NCS000161
;4
I ,.. Please see the attached copy of the current site map from the 5tormwater
Pollution Prevention Plan. It is denoted as Figure 2.
Emerald Carolina Chemical, LLC Pertnit NCSOM161 Renewal
2. Summary of Analytical Monitoring
Date
Monitored
Outfall ID
pH
COD
TS5
HEM
(oil and grease)
3/10/2010
001
6.5
ND
12
ND
3/10/2010
002
6.5
51
-�210•�
ND
3/10/2010
003
6.0
65
r160
ND
3/10/2010
004
6.0
ND
��13{3..
10
3/11/2010
005
6.0
85
6320�,
ND
3/11/2010
006
6.5
ND
ND
ND
3/11/2010
007
6.5
ND
3.5
ND
3/10/2010
008
6.0
70
3.0
ND
Date
Monitored
Outfall ID
pH
COD
TSs
H E M
(oil and grease)
10/20/2010
001
6.5
ND
2.7
ND
10/20/2010
002
6.0
66
7.2
ND
10/20/2010
003
6.0
66
16
ND
No Flaw
004
No Flow
No Flow
No Flow
No Flow
No Flow
005
No Flow
No Flow
No Flow
No Flow
No Flow
006
No Flow
No Flow
No Flow
No Flow
No Flow
007
No Flow
No Flow
No Flow
No Flow
10/20/2010
008
6.0
K 1200 `
3.0
ND
Date
Monitored
Outfall lD
pH
COD
TSs
HEM
(oil and grease)
1/26/2011
001
5.9
ND
8.7
ND
1/26/2011
002
6.6
ND
12
ND
1/26/2011
003
6.3
98
45
ND
1/26/2011
004
6.4
ND
42
ND
1/2612011
005
6.4
ND
29
ND
1/26/2011
006
6.7
ND
37
ND
1/26/2011
007
7.1
100
68
5.3
1/26/2011
008
6.8
ND
1.2
ND
Date
Monitored
Outfall 1D
pH
COD
TS5
HEM
(oil and grease)
8/5/2011
001
6.5
ND
1.6
ND
8/5/2011.
002
6.0
ND
39
ND
8/5/2011
003
6.5
ND
4.9
ND
8/5/2011
004
6.0
ND
4.9
ND
8/5/2011
005
7.0
ND
ND
ND
8/5/2011
006
6.5
ND
9.7
ND
8/5/2011
007
6.0
ND
8.8
ND
8/5/2011
008
6.5
ND
7.2
ND
Emerald Carolina Chemical, LLC
Permit NCS000161 Renewal
d
E
Date
Monitored
Outfall ID
pH
COD
T55
HEM
(oil and grease)
1/11/2012
001
6.5
62
ND
ND
1/11/2012
002
6.0
91
26
ND
1/11/2012
003
6.0
-16071
22
NO
1/11/2012
004
6.5
100
'q40 `;
8.0
1/11/2012
005
6.5
100
24
ND
1/11/2012
006
6.0
63
NO
NO
1/11/2012
007
6.5
59
52
5.8
1/11/2012
008_ ...
6.0
L ti300L'
28
7.1
Date
Monitored
Outfall ID
pH
COD
TSS
HEM
(oil and grease)
8/17/2012
001
7.0
ND
1.9
NO
8/17/2012
002
6.5
ND
14
NO
8/17/2012
003
6.5
60
1.9
NO
8/17/2012
004
6.0
ND
1.7
8.0
8/17/2012
005
6.5
77
30
ND
8/17/2012
006
6.0
ND
19
4.7
8/17/2012
007
6.5
85
73
ND
8/17/2012
008
6.5
120r.+
74
6.2
Date
Monitored
Outfall ID
pH
COD
TSS _
HEM
(oil and grease)
2/26/2013
001
6.0
ND
5.2
NO
2/26/2013
002
6.5
21
27
NO
2/26/2013
003
6.0
23
28
NO
2/26/2013
004
6.0
16
6.8
8.0
2/26/2013
005
6.5
110
8.8
8.3
2/2612013
006
6.5
ND
7.0
NO
2/26/2013
007
6.0
ND
2.7
NO
2/26/2013
OOi3
6.0
ND
3.4
NO
Date
HEM
Monitored
Outfall ID
pH
COD
TS5
(ail and grease)
9/25/2013
001
6.5
17
1.2
ND
9/25/2013
002
6.5
56
4.8
ND
9/25/2013
003
6.5
56
9.8 ...
ND
9/25/2013
004
6.0
53
.120 17
NO
9/25/2013
005
6.0
17
32
N D
9/25/2013
006
6.5
24
14
ND
9/2-5/2023
007
6.0
60
1.3
ND
9/25/2013
008_ _
6.0
65
17
ND
Emerald Carolina Chemical, LLC
Permit NCS000161 Renewal
3. A summary of the visual monitorinq
Date
Monitored
OutfallID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
3/10/2010
001
1
1
1
1
1
1
1
3/10/2010
002
1
1
1
1
1
1
1
3/10/2010
003
2
1
2
2
2
1
1
3/10/2010
004
2
1
2
2
2
1
1
3/11/2010
005
2
1
2
2
2
1
1
3/11/2010
006
1
1
1
1
1
1
1
3/11/2010
007
1
1
1
1
1
1
1
3/10/2010
008
1
1
1
1
1
1
1
Date
Monitored
OutfallID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
10/20/2010
001
1
1
1
1
1
1
1
10/20/2010
002
1
1
1
1
1
1
1
10/20/2010
003
2
1
2
2
1
1
1
No Flow
004
NF
NF
NF
NF
NF
NF
NF
No Flow
005
NF
NF
NF
NF
NF
NF
NF
No Flow
006
NF
NF
NF
NF
NF
NF
NF
NO, Flow
007
NF
N
NF
NF
NF
NF
NF
10/20/2010
008
1
1
1
1
1
1
1
Date
Monitored
OutfallID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
oil
Sheen
1/26/W11
DD1
1
1
1
1
1
1
1
1/26/2011
002
2
1
2
1
1
1
1
1/26/2011
003
1
1
1
1
1
1
1
1/26/2011
004
1
1
1
1
1
1
1
1126/2011
005
1
1
1
1
1
1
1
1/26/2011
006
2
1
2
2
2
1
1
1/26/2011
007
2
1
2
2
2
1
1
1/26/2011
008
1
1_
1
1
1
1
1
Date
Monitored
OutfallID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
8/5/2011
001
1
1
1
1
1
1
1
8/5/2011
D02
1
1
1
1
1
1
1
8/5/2011
003
1
1
1
1
1
1
1
8/5/2011
004
1
1
1
1
1
1
1
8/5/2011
005
1
1.
1
1
1
1
1
8/5/2011
006
1
1:
1
1
1
1
1
8/5/2011
007
2
1
2
2
2
.1
1
8/5/2011
008
1
1
1
1
1
Emerald Carolina Chemical, LLC
Permit NCS000161 Renewal
Date
Monitored
OutfallID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
1/11/2012
001
1
1
1
1
1
1
1
1/11/2012
002
1 2
1
2
1
1
1
1
1/11/2012
003
1
1
1
1
1
1
1
1/11/2012
004
2
1
2
1
1
1
1
1/11/2012
005
1
1
1
1
1
1
i
1/11/2012
006
1
1
1
1
1
1
1
1/11/2012
007
2
1
2
2
2
1
1
1/11/2012
008
1
1
1
1
1
1
1
Date
Monitored
OutfallID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
8/17/2012
001
1
1
1
1
1
1
1
8/17/2012
002
1
1
1
1
1
1
1
8/17/2012
003
1
1
1
1
1
1
1
8/17/2012
Cm
2
1
2
2.
2
1
1
9/17/2012
005
1
1
1
2
2
1
1
8/17/2012
006
1
1
1
1
1
1
1
8/17/2012
007
2
1
2
2
2
1
1
8/17/2012
008
1
1
1
2
2
1
1
Date
Monitored
OutfallID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
2/26/2013
001
1
1
1
1
1
1
1
2/26/2013
002
1
1
1
1
1.
1
1
2/26/2013
003
1
1
1
1
1
1
1
2/26/2013
004
1
1
1
2
2
1
1
2/26/2013
005
2
1
2
1
1
1
1
2/26/2013
006
1
1
1
1
1.
1
1
2/26/2013
007
1
1
1
1
1
1
1
2/26/2013
008
1
1
1__.
1
1
].
1
Date
Monitored
OutfallID
Color
Odor
Clarity
Floating
Solids
Suspended
Solids
Foam
Oil
Sheen
9125/2013
001
1
1
1
1
1
1
i
9/25/2013
002
1
1
1
1
1
1`
1
9/25/2013
00..3
1
1
1
1
1
1
1
9/25/2013
004
1
1
1
2
2
1
1
9/25/2013
' 005
1
1
1
1
1
1
1
9/25/2013
006
1
1
1
1
1
1
1
9/25/2013
007
1
1
1
1
1
1
1
9/25/2013 _
008 _
1
1,
1
2
2
1
1
1 = None 2 = Faint 3 = Moderate d = Strong
Emerald Carolina Chemical, LLC
Permit NCS000161 Renewal
4. Summary of Best Management Practices
The Emerald Carolina Chemical facility is engineered to contain stormwater from
process areas by directing flow to two 90,000 gallon SP`CC basins. Water can be
released from these basins in two ways. Stormwater can be directed to the
wastewater treatment plant located on -site or a flow buffer basin located adjacent
to the WWTP. In addition, several above ground storage tanks are diked and
equipped with a compacted clay liner and a 6" French drain system. Drainage
from all tank storage areas are routed to the SPCC basins. Other best
management practices at the facility include the storage of full and empty drums
in designated areas inside the facility, the regular pickup of trash, and the
removal of manifested waste. Furthermore, the facility stores hazardous waste in
three locations equipped with secondary containment. The primary location is an
engineered designed covered hazardous waste pad and each of the two labs on
site has a satellite hazardous waste area which is also equipped with secondary
containments.
Currently, the facility performs many preventative maintenance activities to
prevent the contamination of stormwater. For example, the following inspections
are performed weekly.
• Inspections for evidence of corrosion or erosion in storage areas.
• Inspections for evidence of leakage in storage areas.
:•. Inspections of the hazardous waste storage area.
• Inspections of the decontamination equipment.
• Inspections of the hazardous waste loading area
• Inspections of the universal waste storage area.
Emerald Carolina Chemical has proposed several additional best management
practices at the Charlotte facility. The facility has plans to install filtration or
screen type devices at each of the storm drain inlets on site. The facility is also
evaluating the feasibility of obtaining covers for all trash dumpsters as well as
providing'a canopy or -tarp for all scrap metal and pallet storage areas.
5. Significant Changes in Industrial Activity
In 2010 Silicone Fluid Reactives (SFR) and Vinyl Silicones (VS) were introduced
into production. The chemicals involved in the SFR and VS manufacturing
process are stored within the confines of the warehouse and also in one above
ground diked storage tank in the tank farm. The production area for SFR and VS
materials is in the resins building which is equipped with chemical sewer line_ s
that feed to the wastewater treatment plant.
The Glyoxal manufacturing process located in the southwest portion of the facility
which was an outside process has been completely removed from the facility.
Emerald Carolina Chemical, LLC Permit NCS000161 Renewal
Ir.
I
This favorably reduces the amount of industrial processes on site that come in
contact with stormwater.
6. A Stormwater Pollution Prevention Plan has been developed for the facility.
Please see attached certification page.
.Emerald Carolina Clie-miCal, LLC
Permit NCSOW161 Renewal
Permit Coverage Permit Number
YMMF - Renewal _A4plication_Form NCS000161
N�iiER National Pollutant Discharge Elimination System
Stormwater Discharge Permit
"...� following is the information currently in our database for your facility. Please review this information carefullyand make all
corrections/additions as necessary in the space provided to the right of the current information.
ftmer AfiHliation Infomial ion "Reissued Permit will he mailed to the owner address n
Owner / Organization Name: Emerald Carolina Chemicals M ilk C.HgU1L.L4C,
Owner Contact: Rick Brinly Ott ;%C*
Mailing Address: 8309 Wilkinson Blvd rlbN
Charlotte, NC 28208 C.r�ner,_AlC, a-0-41 i
Phone Number: 70of -3_11-(03DIP
Fax Number: d
E-mail address: �r.�aet.�oNrPlrlg� - Eai1�
Fadlityf Pej3®it Contact Information
Facility Name: Noveon Textile Chemical, Inc.
Facility Physical Address:
Facility Contact: KK
Mailing Address:
Phone Number:
Fax Number:
E-mail address:
Q s1 charms InforMation
Receiving Stream
Stream Class:
Basin:
Sub -Basin:
Number of Outfalls:
8309 Wilkinson Blvd
Charlotte, NC 28208
� Qr� it . S�roN+t a.�J ✓
Paw Creek
C
Catawba River Basin C.
03-08-34
IMpalred Mters-I MU
Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? lag Yes ❑ No ❑ Don't Know
( for information on these waters refer to http://h2o.enrsiatencus/sullmpaired Waters-TMDL/ )
CERTIFICATION
104
V1
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.
Signature Date 411 ! 7
Ag*L;►a GMNN iar rgvraj� MARWR
Print or type 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
"STORMWATER POLLUTION PREVENTION PLAN
DEVELOPMENT AND IMPLEMENTATION
CERTIFICATION
North Carolina Division of Energy, Mineral, and Land Resources - Stormwater Permitting
Facility Name: Noveon Textile Chemical, Inc.
Permit Number: NCS000161
Location Address: 8309 Wilkinson Blvd.
Charlotte, NC 28208
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
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!
And
"1 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"
,ind
"I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing
violations'
Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND
STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION.
Signature Date � 1 s?0l 9
Print or type name of person signing above Title
:.SPPP Certification 101-13
Permit: Owner - Facility -
Inspection Date, Inspection Type: Compliance Evaluation
Reason for Visft:
Stormwater Pollution Prevention Plan
Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
❑ ❑ ❑ ❑
# Does the Plan include a General Location (USGS) map?
❑ n ❑ 0
# Does the Plan include a %arrative'.Description of Practices'?
n n l] fl
# Does the Plan include a detailed site map including outfall locations and drainage areas?
n n 00
# Does the Plan include a list of significant spills occurring during the past 3 years?
0 ❑ ❑ D
# Has the facility evaluated feasible altemaiives to current practices?
n n ❑ •n
# Does the facility provide all necessary secondary containment?
fl ❑ n ❑
# Does the Plan include a BMP summary?
0 ❑ 0 0
# Goes the Plan include a Spill Prevention and Response Plan (SPRP)?
❑ Cl .n Cl
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
n ❑ it n
# Does the facility provide, and document Employee Training?
nl n n
# Does the Plan include'a list of Responsible Party(s)??
❑ C) n ❑
# Is the Plan wed and updated annually?
n i1 t`i ❑
# Does the Plan include a Stormwater Facility Inspection Program?
❑ ❑ ❑ ❑`
Has the Stormwater, Pollution Prevention Plan been implemented?
0 ❑ n E
Qualitative Monitoring
Yes No NA NE�
E'
Has the .facility conducted its Qualitative Monitoring semi-annually?
❑ n ❑ ❑
I'`
iy
- --
Comment:------
Analytical Monitorins
Yes No NA NE
Has the facility conducted its Analytical monitoring?
❑ ❑ ❑ ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
n❑❑❑
ji
Comment:
Permit and Qutfalls
# Is a copy of the Permit and the Certificate of Coverage available at the site?
# Were all outfafls observed during the inspection?
# If the.facility has representative outfall status, is it property documented by the Division?
# Has the facility evaluated all illicit (non stormwater) dischargesT.-
Comment:
Yes No NA NE
0 0 n it
pnnn
Page: 3
' Permit: Owner - Facility -
Inspection Oate' Inspection Type; Compliance Evaluation
Reason for Visit. -
Stormwater Pollution Prevention Plant;
Yes No NA Ht
Does the site have a Stormwater Pollution Prevention Plan?
In 0 n n
# Does the Plan include a General Location (USGS) map?
E1 ❑ n n
# Does the Plan include a 'Narrative .Description of Practices'?
n ❑ n n
# Does the Plan include a detailed site map including outfall locations and drainage areas?
n ❑ n ❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
n ❑ n n
# Has the facility evaluated feasible alternatives to current practices?
n ❑ n
# Does the facility provide all necessary secondary containment?
Q n n n
# Does the Plan include a BMP summary?
n ❑ ❑ n
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
n n .n 0
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
n ❑ 00
# Does the facility provide -and document Employee Training?
n ❑ n n
# Does the Plan include"a list of Responsible Party(s)?
0 Cl n n
I r viewed and u dated annuall ?
F) n 0 (3
# Does the Plan include a Stormwater Facility Inspection Program?
n 0 n ❑
Has the Stormwater. Pollution Prevention Plan been implemented?
0 ❑ n n.
Qualitative Monitoring
Yes No NA NE
Has the facility conducted its Qua litative.Monitoring semi-annually?
n n ❑ Cj
Comment: -------
Analytical Monitoring
Yes No NA NE
Has the facility conducted its Analytical monitoring?
0 0 n n IJ
# Has the facility conducted its Analytical monitoring from Velticle Maintenance areas?
0000
Comment:'
ii
Permit and Outfalls
Yes No NA NE ; Li
# Is a copy of the Permit and the Certificate of Coverage available at the site?.
In Q n n Il
. r.
# Were all outfalls observed during the inspection? ' .
n n n n rF
#_If the facility has representative outfall status, is it prgpdrly documented by the Division?
.1-
n n n
#Has the facility evaluated all illicit (non sformwati:r) discharges? - _
[I -non -
Comment:
-
Page: 3 ie
NCS000161
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor - Director
Secretary
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Facility Name. Emerald Performance Materials, LLC
NPDES Permit Number: NCS000161
Facility Location: 8309 Wilkinson Boulevard, Charlotte, NC (Mecklenburg County)
Type of Activity: CHEMICAL MANUFACTURING
SIC Code: . 2821, 2869
Receiving Streams:' See Figure I
River Basin: Catawba River Basin, Sub -basin 03-08-34
Stream Classification:. C_
Proposed Permit Requirements: `See attached draft permit.
Monitoring Data: See Table 1
.Response Requested by (Date): oL f z'o 9
Central Office Staff Contact:.. Return to: Brian Lowther, (919) 807-6368
Special Issues:.
Raiin j Scale: 'i easto 10 hard '.
Compliance history
6
Benchmark exceedance
1
Location (TMDL, T&E
5
species, etc
Other Challenges:
8
• TPH benchmark
• Finding a contact
Difficulty Ratin :.
20/40
Description of Onsite Activities:
Carolina Chemical offers customers a complete line of products used in textile finishing products and a diverse array
of other applications such as paper, leather, coatings, pgrsonal care and for lubricant additives, oil & hydrogen
sulfide scavenging. From www.emeraldmaterials.com
The Charlotte facility is primarily a chemical manufacturing facility. The principal products manufactured at this
facility are chemicals used to make fabrics stronger, softer, shrink -free, washable, water repellant, and flame
retardant. Other products at this facility are adhesives, paper products.; and sulfated oils. Processes include mixing,
transferring, and storage of chemicals. Raw chemicals are used in the production process and are stored in drums,
Page 1 of 7
14CS000161
,totes, and in bulk. These raw materials are stored either inside the facility warehouse or outside in aboveground
storage tanks. Raw materials are received at loading docks by tanker truck. The final products are stored in bulk
aboveground storage tanks in facility warehouses and are shipped off -site via tanker truck, drums, or totes.
Documents Reviewed:
•. NPDES Stormwater Permit Application Materials'
+ National Heritage Program (NHP) Threatened and Endangered Species Database
• SPU File
Central Files
• EPA Sector -Specific Permit, 2008
•, :. 303(d) List, 2006 final
• 2004 Catawba Basinwide Plan
r History:
•. -..October 1, 1994: Date permit first issued. No analytical monitoring included.
• November 20: 1998: Date permit re -issued. No analytical monitoring included:
- • "February 19, 1999: Renewal Reminder Letter.
• - June 16, 2000: Date permit re -issued. No analytical monitoring included.
• October 26, 2001: Name change from BF Goodrich Textile Chemicals, Inc. to Noveon Textile Chemicals,
Inc.
• -August 9, 2004: Notice of Deficiency
•. November.5, 2004: Renewal Reminder Letter.
• December 03, 2004: Date permittee submitted renewal application.
Page 2 of 7
NCS000161
Figure]: Map of Facility
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IN 4 ij
N-,
On
-5 k, g�g ITO.,
MARL
V-. ?W W
, " Y.
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-
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44
rS: ri- - � ��=r�" �rf �! "�S " `-:1�i• '�,�
r� _ _, ..tear
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'Emerald Carol ina7CONebmica LLG- 2 Tln�g g
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-4A
7
®r- 901
NCS000161
Emerald Carolina Chemical, LLC
Latitude: 350 14' 30" IN
Longitide: 80P 59J 30" W
County: NiWenbi-ig
W
Receiving Stream: Paw Greek
Stream Class: C
Sub -basin: 03-M-34 (Catawba Rive' Basin)
Nl Scale 124,000
Fa cil i ty Location
Page 3 of 7
NCS000161
Central Office Review Summary:
1. Owner's Other Permits:
• Air — 3711900595
RCRA — NCDO03168168
2. General Observations: The site is located in a mixed commercial/industrial/residential area.
3. Impairment: Paw Creek is not on the 303(d). Basinwide Plan has no recommendations for Paw Creek. Paw Creek is
upstream of Lake Wylie which is impaired for chlorophyll a standard violations and algal blooms. Lake Wylie
(4,019.6 acres, NC portion) is Impaired by eutrophication.
4. Threatened and Endangered: Based on the Natural Heritage Virtual Workroom there is one federally
endangered species within 2 miles of the facility: Lasmigone decorata, Carolina Heelsplitter. More information
was provided that showed the element occurrence ranking as X — Extirpated.
5. Location: C stream
6. Industrial Changes Since Previous Permit: There have been no significant changes in work processes, material
handling, storage practices, or changes in the raw materials used by the facility..
7. Anal ical Monitoring Notes: No analytical monitoring was required in the previous permit.
The industry for SIC code 2821 is covered in the EPA Multi -Sector General Permit in Subsector C4 (PIastics,
Synthetics, and Resins) and the parameter recommended for monitoring is Total Zinc. Zinc does not look like it
is a pollutant of concern for this site and was not added to the analytical monitoring.
TSS, TPH, and COD will be added because they are potential pollutants for the stormwater drainage areas. Oil
Drum storage and diesel storage tanks are located in the stormwater drainage areas.
8. Qualitative Monitoring Notes: Visual monitoring was done from 10/20/1999 to 11 /2/2004 for each of the 8
outfalls. Most of the entries show little to no sign of pollution. One entry on 4/13/2000 for outfall 4 shows a
color of medium black and clarity of 10. Comments state an apparent leak from 8yd dumpster and dumpster was
replaced on 4/30/04. One entry 5/29/2001 for outfall 8 shows a milky color and that the comments say it appears
that approximately 1 gallon of a nonhazardous materials was poured in drain by lab, -personnel. Lab person drain
was for onsite chemical sewer. The incident was reviewed with all lab personnel. One entry on 11/19/2003
shows dark brown and clarity of 10. Some of the entries have brown colors.
Page 4 of 7
NCSaoo 161
Revised Permit Recommendations: Analytical Monitoring:
I . Adding parameters TSS, TPH and COD to the analytical monitoring.
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 H
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 butfall
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. The permittee is 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. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote. I of Tables 1, 4,
and 5.
7. The flow reporting requirement has been removed per DWQ revised strategy: (The total rainfall parameter is in
this permit, however.)
8. VehicIe 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 lI Section
A.
2. Additional requirements for the Stormwater Management Plan have been specified in Part H Section A. More
details regarding secondary containment are provided.
3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part lI 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 11 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 §I22.26(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 5 of 7
NCS000161
Discussions with permittee: Jens Schoenfuss — New Contact is Craig Miller, 704-391-6444, Date
Emailed customer support for contact. Hans Hansen 704-391-6305 and fax number 704-392-1040.
I-lans.Hansen@EmeraidMaterials.com
Answers from email sent 4/30/09.
l . What is the official name of the site? Emerald Performance Materials
2. General description of on site activities. The site is located in a mixed commerciallindustriallresidential area.
The Charlotte facility is primarily a chemical manufacturing facility. The principal products manufactured at
this facility are chemicals used to make fabrics stronger, softer, shrink free, washable, water repellant, and
flame retardant. Other products at this facility are adhesives, paper products, and sulfated oils. Processes
include mixing, transferring, and storage of chemicals. Raw chemicals are used in the production process and
are stored in drums, totes,. and in bulk. These raw materials are stored either inside the facility warehouse or
outside in aboveground storage tanks. Raw materials are received at loading docks by tanker truck. The final
products are stored in bulk aboveground storage tanks in facility warehouses and are shipped off -site via tanker
truck, drums, or totes.
3. Do you have a waste water permit? Yes- Permit #0429
4. What is stored in each stormwater outfall?
Outfall 01- No industrial activity (office, parking)
Outfall 02- Loading dock area
Ou fall 03- No direct source- truck turnaround area
Oufall 04- Open top dumpster, scrap metal
Ou fall 05- Scrap metal, .used equipment storage, empty tote storage,
Oufal106- Open scrap metal dumpster, used equipment storage,
Outfall 07- Oil drum storage, diesel storage tanks, boiler area
Outfall 08- No storage- roof drains only
5. Does all the stormwater in the south or back of the facility go to the WWTP because there are no drainage areas
delineated there? The stormwater from the glyoxal process area is tied into a French drain system which leads to
the spill control basins and eventually the WWTP. Drainage from the fire pump station and the waste treatment
area do not drain via a designated ou fall. Flow from these areas drain via sheet flow.
6. Have the problems from the inspection report (August 9, 2004) been fixed? Has secondary containment been added
to all tanks over 500 gallons? Yes. The problems outlined in the inspection report have been fixed. Standard
secondary containment has not been added to all storage tanks. The tankfarm area is equipped with an 18"
bentonite clay liner and a 6" P VC French drain system. Stormwater from storage tank areas drains via the French
drain system to two 90, 000-gallon spill control basins. The basins are equipped with a, bypass valve that remains
closed at all times. Standard operating procedures require one basin to be empty and the other basin to beat a
managed level. The basins drain to the WWTP located on -site, then to the POTW.
7. Do you have on site vehicle maintenance? No
Page 6 of 7
NCS000161
Recommendations: Based on.the documents reviewed, the application information submitted on December 03,
2004, sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature)-� Date
p 1
Stormwater Permitting Unit Supervisor Date
for Bradley Bennett
Concurrence by Regional Office_ Date
RO Water Quality Supervisor Date
Page 7 of 7
NCS000161
Recommendations: Based on the documents reviewed, the application information submitted on December 03,
2004 sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature)
Stormwater Permitting U
Concurrence by Regional
Date S °}
Date r ��
Date �5
RO Water Quality Supervisor Date
Regional Office Staff Comments (attach additional pages as necessary)
00
•
Sow,
0-Y-A41:- Vze
Page 7 of 7
��A
NCDENR .
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist
January 8, 2008
Mr. Michael D. Harris
534 North Slope Road
Roper, North Carolina 27970
Re: Harris Farms Inc. Mine
Washington County
Pasquotank\River Basin
Dear Mr. Harris:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
10, _
J�D
AN 102008
Ar�'ir
The application for a.mining permit for the above referenced mine site has been found
to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the
required security to cover this application, I am enclosing the mining permit.
The conditions of Mining Permit No. 94-20 were�based primarily upon information
supplied in the application with conditions added as necessary to insure compliance with The
Mining Act of 1971. This permit expires on January 0. 2018. G.S. 74-65 states that the
issuance of a mining permit does not supersede or otherwise affect or prevent the
enforcement of any zoning regulation or ordinancelduly adopted by an incorporated city or
county or by any agency or department of the State of North Carolina.
As a reminder, your permitted acreage at this site is 23.86 acres and the amount of
land you are approved to disturb is 8.92 acres!
Please review the permit and coi
Specialist, at (919) 733-4574 of any obj
Ms. Judy'Wehner, Assistant State Mining
n or questions concerning the terms of the permit.
Sincerely,
Floyd R. Williams�PG, CPG, CPM
State Mining Specialist
` Land Quality Section ,
FRWhjw \
Enclosures: Permit No. 94-20
Notice of Issuance
cc: Mr. Pat McClain, PE
Ms. Shannon Deaton -WRC, wlpermit
Mr. Bradley Bennett-DWQ, wlpermit
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
US Fish and Wildlife Service, wl permit
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer -- 50% Recycled 110% Post Consumer Paper
Emerald Performance Materials
October 20, 2006
copy
2?4k
Mecklenburg County Land Use and >=nvironmental Services Agency
Water Quality Section
Attention: Don Ceccarelli, P.E.
700 N. Tryon St., Suite 205 -
Charlotte, NC 28202 . • ^�"' `
Dear Don,
The intent of this letter. is to provide information regarding the discharge that occurred at the Emerald
Carolina Chemical facility on October 17, 2006, to which you responded. Cause of discharge, response,
countermeasures, clean-up, disposal and corrective actions will be discussed.
At approximately 1:30 P.M. on October 17, 2006, a warehouse employee was performing the routine task
of loading totes of product onto a tractor -trailer. While loading a tote, the corner of the pallet it was on
caught the valve on another tote, causing the valve to be torn off. Liquid product called Freepel 96
started to discharge from the tote onto the floor of the box trailer. The employee immediately set the
undamaged tote down with the forklift and picked up the damaged tote. He then moved the damaged
tote onto the floor of the warehouse away from the edge of the loading dock. At that point he yelled for
another warehouse employee to assist him in stopping the discharge. They stuffed rags into the valve
area and were successful in stopping further discharge. In the meantime, product that discharged to the
box trailer drained out through a drain hole in the rear of the trailer, which discharged onto the warehouse
paved lot.
The Production Supervisor was contacted about the discharge by radio immediately after the warehouse
employees stopped the active discharge. I was in the Maintenance shop at the time and was contacted
there to come to the warehouse because of a product discharge. 1 and several Supervisors arrived at the
discharge site at about the same time. The two warehouse employees were in the process of transferring
product from the damaged tote into an empty tote. 1 looked outside at that time and observed that
product had discharged onto the paved warehouse lot and was draining along with stormwater into two
storm drains (it was raining at a moderate rate at the time and had been raining steadily for most of the
day). Upon looking at the trailer bed, I observed that the product was escaping through a drain hole in
the rear. I immediately unfolded and placed a plastic "containment pool" under the drain hole to capture
further drips. After that I immediately went to gather some absorbent materials and instructed another
employee to get a pallet of granular absorbent. While I placed absorbent socks around the perimeter of
the two drains the product and rain were entering, another employee spread absorbent on the area of the
lot where the bulk of liquid spilled. It was difficult to determine if the socks were effective at removing the
product because the product was very soluble in and miscible with water and because of the large
volume of storm water entering the drains. IF -
My next step was to contact the Water Quality Department at Mecklenburg -County Land Use anW-z
Environmental Services Agency. After providing information about the discharge to John McCull , I y
went to my office to look at the product MSDS and to calculate if'a reportable quantity release u`
CERCLA or EPCRA had occurred. The product has three CERLCA-listed chemicals, xylene, et }t?'ene" .1;.�,
and formaldehyde, of which formaldehyde is also an EPCRA-listed chemical. Based on a cons'tive 4'
estimate of the amount discharged into the storm drains, it was determined that no reportable q ; ity o
can
m �j�
thresholds were reached. The product itself is not regulated as a DOT hazardous material (MSDS is
attached).
Upon returning to the discharge site, I and another employee began cleaning up the absorbent material
placed on the discharged product. Another employee took the trailer to an area of the facility that drains
to the on -site wastewater pre-treatment facility and washed out the bed of the trailer as instructed.
Another employnn -_ n_- ,cd 'I Io--.-uct'UhaL .a:.._�____�
., .. .. ..r,w�vv vwtJ„ou �:p'I- iJ�l/uuVl u�c7� UischaI Iged to the w ar&houStl liuur wim a iwor cleaning
vehicle. The wastewater collected from the floor cleaning was discharged into the warehouse drainage
system, which drains to two aboveground storage tanks
- --Wastewater rom the tanks is held in s#orage and periodically drained into two activated sludge basins.
During cleanup activities, you arrived at the facility, at which time I explained in more detail what occurred
and showed you the incident site, including the stormwater outfall the product discharged to. You
directed us to continue cleanup write a detailed follow-up report, notify you when the cleanup was
complete and provide you with a disposal manifest once completed and received.
The tote into which product was transferred from the damaged tote was later weighed_ The net amount in
the tote was 1086 lbs. Since the original tote had 1815 Ibs, it was concluded that 729 Ibs were lost
overall (equals 78 gal.). About 113 (or 243 Ibs) were discharged inside the trailer and the rest was lost on
the warehouse floor. Of -the amount discharged in the trailer, about 90% discharged to the warehouse lot
through the drainage hole (219 tbs). About 5% of that amount was captured/absorbed, with the remaining
(208 Ibs or 24 gal.) being discharged through the outfall into a tributary to Paw Creek.
The cleaned up absorbent materials (granular and socks) were placed into 3 drums and are currently in
storage awaiting disposal. A waste profile has been submitted to Allied Waste/BFI for disposal of the
material as non -hazardous waste. A copy of the manifest will be provided when received.
Because the spill was not reported to a Supervisor immediately (took about 7-10 minutes), as is trained
protocol, corrective actions will include refresher training on proper spill response and reporting, which
was conducted on October 19, 2006. Two more sessions will be held on October 23rd. In addition,
numerous signs stating "Report All Spills and Leaks Immediately to a Supervisor" have been ordered and
will be placedaround the facility. Because spill response materials were not within immediate reach,
several spill kits will be purchased and placed at appropriate locations, including next to the storm drains
involved in this incident. Attention will be given to having various materials appropriate for various
products and spill scenarios.
If you have any questions regarding the discharge, please contact me at (704) 391-6444
Sincerely,
Craig Miller
HSE Manager
Emerald Carolina Chemical, LLC
cc: NC DENR, Mooresville Regional Office, Water Quality Branch
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
November 5, 2004
NOVEON TEXTILE CHEMICAL, INC.
ATTN: TENS SCHOENFUSS, OR SUCCESSOR
8309 WILYJNSON BLVD
CHARLOTTE, NC 28208
Dear Permittee:
1••
AFNN% Own% Al
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NPDES Stormwater Permit Renewal
Noveon Textile Chemical, Inc.
Permit Number NCS000161
Mecklenburg County
Your facility is currently covered for stormwater discharge under NPDES Permit NCS000161. This permit expires
on June 30, 2005. 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 January 7, 2005 in order for the permit to be renewed by June 30, 2005.
Failure to request renewal by January 7, 2005 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
Stormwater and General Permits Unit Files
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., Govemor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
April 20, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
JAMES B TRECER
FREEDOM TEXTILE CHEMICALS CO.
8309 WILKINSON BLVD
CHARLOTTE, NC 28214
Dear Permittee:
IL"AA
NCDENR
NORTH CAROL-INA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: FINAL NOTICE - NPDES Stormwater Permit Renewal
Freedom Textile Chemicals Co.
Permit Number NCS000161
Mecklenburg County
Your facility is currently covered for stormwater discharge under NPDES Stormwater Permit NCS000161. This
permit will expire on August 31, 1999. North Carolina General Statute 143.215.1(c) requires that an application
for permit renewal be filed no later than 180 days prior to the expiration date. A prior notice of renewal was sent
for this site on February 19, 1999. To date, no response has been received by the Division of Water Quality
(DWQ). In order to assure your continued coverage under the NPDES Stormwater permit, you must apply to
DWQ for renewal of your permit.
Enclosed you will find a permit renewal application form, supplemental information request, and Stormwater
Pollution Prevention Plan certification. Filing the application form along with the requested supplemental
information will constitute your application for renewal of your permit. The application form must be completed
and returned along with all requested information by May 14, 1999 in order to assure continued coverage under the
NPDES permit.
Failure to request renewal by May 14, 1999 will 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
Stormwater and General Permits Unit 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
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
JAMES B TRECER
FREEDOM TEXTILE CHEMICALS CO.
8309 WILKINSON BLVD
CHARLOTTE, NC 28214
LT?W,A
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NPDES Stormwater Permit Renewal
Freedom Textile Chemicals Co.
Permit Number NCS00016I
Mecklenburg County
Dear Permittee:
Your facility is currently covered for stormwater discharge under NPDES Permit NCS000161. 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 ofNCGS
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