NCS000312_Permit Issuance_19960429

STORMWATER DIVISION CODING SHEET
PERMIT NO.
J
DOC TYPE
� FINAL PERMIT
MONITORING INFO
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC GATE
❑ �C1 a L 0
YYYYMMDD

s
State of North Carolina `
Department of Environment,
Health and Natural Resources AC41
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C) E H N A. Preston Howard, Jr., P.E., Director
April 29, 1996
Mr. James Duquin
Ashland Chemical Environmental
P.O. Box 2219
Columbus, OH 43216
Subject: Permit No. NCS000315
Ashland Chemical Environmental
Mecklenburg County
Dear Mr. Duquin:
In accordance with your application for a stormwater discharge permit received on October
13, 1995, we are forwarding herewith the subject state - NPDES permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum
of Agreement between North Carolina and the US Environmental Protection agency dated
December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611
-7447, Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part II, 13.2. addresses the requirements to
be followed in case of change in ownership or control of this discharge.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Environmental Management or permits required by the Division of
Land Resources, Coastal Area Management Act or any other Federal or Local governmental
permit that may be required.
If you have any questions concerning this permit, please contact Bill Mills at telephone
number 919/733-5083.
Sincerely,
A. Pres on Howard, Jr, P. E.
cc: Mr. Roger O. Pfaff, EPA
Mooresville Regional Office
Mecklenburg County
96 OF j 8J"4
P,O. Box 29535, Raleigh, North Carolina 27626-0 35 Telephone [phone] FAX [phone]
An Equal Opportunity Aff�trrfatiive.Actiop Employer 50% recycled/ 10% post -consumer paper

Permit No. NCS000315
Y
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended,
Ashland Chemical Company
is hereby authorized to discharge stormwater from a facility located at
3930 Glenwood Drive
Charlotte
Mecklenburg County
to receiving waters designated as the City of Charlotte Storm Sewer System and Stewarts 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 1, I1, III, and IV hereof.
This permit shall become effective June 1, 1996.
This permit and the authorization to discharge shall expire at midnight on May 31, 2001.
Signed this day April 29, 1996
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By the Authority of the Environmental Management Commission

Permit No. NCS000315
PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system which has been
adequately treated and managed in accordance with the terms and conditions of this Permit. All
discharges shall be in accordance with the attached schedules as follows:
Part I: Monitoring, Controls, and Limitations for Permitted Discharges
Part 11: Standard Conditions for NPDES Stormwater Permits
Part III: Limitations Reopener
Part IV: Administering and Compliance Monitoring Fee Requirements
Any other point source discharge to surface waters of the state is prohibited unless covered by
another permit, authorization or approval.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree.
Page 2

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Permit No. NCS000315
PART I
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
SECTION A: FINAL LIMITATIONS AD CONTROLS FOR STORMWATER DISCHARGES
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified below.
1. Stormwater Pollution Prevention Plan
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the
Plan. This Plan shall be considered public information in accordance with Part I1, Standard
Conditions, Section EX of this permit. The Plan shall include, at a minimum, the following
items:
a. Site Plan. The site plan shall provide a description of the physical facility and the potential
pollutant sources which may be expected to contribute to contamination of stormwater
discharges. The site plan shall contain the following:
(1) A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters, the name of the receiving water(s) to which the stormwater outfall(s)
discharges, or if the discharge is to a municipal separate storm sewer system, the
name of the municipality and the ultimate receiving waters; and accurate latitude
and longitude of the point(s) of discharge.
(2) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and -7ra
waste disposal practices.
(3) A site map drawn to scale with the distance legend indicating location of industriv
activities (including storage of materials, disposal areas, process areas and loading
and unloading areas), drainage structures, drainage areas for each outfall and
activities occurring in the drainage area, building locations and impervious surfaces,
and the percentage of each drainage area that is impervious. For each outfall, a
narrative description of the potential pollutants which could be expected to be
present in the stormwater discharge.
(4) A list of significant spills or leaks of pollutants that have occurred at the facility
during the 3 previous years and any corrective actions taken to mitigate spill
impacts.
(5) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part I1, Standard Conditions, Section
B.9,
Page 4

Permit No. NCS000315
b. Stormwater Management Plan. The stormwater management plan shall contain a narrative
description of the materials management practices employed which control or minimize the
exposure of significant materials to stormwater, including structural and nonstructural
measures. The stormwater management plan, at a minimum, shall incorporate the
following.
(1) A study addressing the technical and economic feasibility of changing the methods
of operations and/or storage practices to eliminate or reduce exposure of materials
and processes to stormwater. Wherever practicable the permittee shall cover all
storage areas, material handling operations, manufacturing or fueling operations to
prevent materials exposure to stormwater. In areas where elimination of exposure
is not practicable, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(2) A schedule to provide secondary containment for bulk storage of liquid materials,
storage of Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) water priority chemicals, or storage of hazardous
materials to prevent leaks and spills from contaminating stormwater runoff. If the
secondary containment devices are connected directly to stormwater conveyance
systems, the connection shall be controlled by manually activated valves or other
similar devices [which shall be secured with a locking mechanism] and any
stormwater that accumulates in the containment area shall be at a minimum visually
observed for color, foam, and visible sheens, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated. Records documenting the individual making the observation, the
description of the accumulated stormwater and the date and time of the release shall
be kept for a period of five years.
(3) A narrative description shall be provided of Best Management Practices (BMPs) to
be considered such as, but not limited to, oil and grease separation, debris control,
vegetative filter strips, infiltration and stormwater detention or retention, where
necessary. The need for structural BMPs shall be based on the assessment of
potential of sources to contribute significant quantities of pollutants to stormwater
discharges and data collected through monitoring of stormwater discharges.
(4) Inspection schedules of stormwater conveyances and controls and measures to be
taken to limit or prevent erosion associated with the stormwater systems.
Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall
incorporate a risk assessment of potential pollutant sources based on a materials inventory
of the facility. Facility personnel (or team) responsible for implementing the plan shall be
identified in the plan. A responsible person shall be on -site at all times during facility
operations that have the potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations.
d. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance
program shall be developed. The program shall document schedules of inspections and
maintenance activities of stormwater control systems, plant equipment and systems.
Inspection of material handling areas and regular cleaning schedules of these areas shall be
incorporated into the program.
e. Employee Training. Training schedules shall be developed and training provided at a
minimum on an annual basis on proper spill response and cleanup procedures and
preventative maintenance activities for all personnel involved in any of the facility's
Page 5

Permit No. NCS00031 S
v operations that have the potential to contaminate stormwater runoff. Facility personnel (or
team) responsible for implementing the training shall be identified in the Plan.
f. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position(s) assignments provided.
g. Plan Ammendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with Part
II, Standard Conditions, Section B, #9) to the Director that the changes have been made.
h. Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a
minimum on a semiannual schedule, once in the fall (September -November) and once
during the spring (April - June). The inspection and any subsequent maintenance activities
performed shall be documented, recording date and time of inspection, individual(s)
making the inspection and a narrative description of the facility's stormwater control
systems, plant equipment and systems. Records of these inspections shall be incorporated
into the Stormwater Pollution Prevention Plan.
Visual monitoring as required in I.A.2.g.(I) shall be performed in addition to facility
inspections.
Implementation. Implementation of the plan shall include documentation of all monitoring,
measurements, inspections and maintenance activities and training provided to employees, Q
including the log of the sampling data and of activities taken to implement BMPs associated,?
with the industrial activities, including vehicle maintenance activities. Such documentatioll�
shall be kept on -site for a period of five years and made available to the Director or his cr, Lt
authorized representative immediately upon request. w
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Page 6

Permit No. NCS000315
2. Minimum Monitoring and Reporting Requirements
Minimum monitoring and reporting requirements are as follows unless otherwise approved in
writing by the Director of the Division of Environmental Management.
If a facility has multiple discharge locations with substantially identical stormwater
discharges that are required to be sampled, the permittee may petition the Director for
representative outfall status. If it is established that the stormwater discharges are
substantially identical and the permittee is granted representative outfall status, then
sampling requirements may be performed at a reduced number of outfalls.
b. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry
weather flow shall be performed at all stormwater discharge outfall locations. All visual
monitoring shall be documented and records maintained with the Stormwater Pollution
Prevention Plan. The initial visual monitoring event shall be performed simultaneously
with the first analytical monitoring event and documentation of only this initial visual
monitoring event shall be submitted along with the required analytical monitoring submittal.
c. For purposes of the stormwater sampling required in this permit, all samples shall be
collected from a discharge resulting from a representative storm event (See Part II,
Standard Conditions, Section A). Failure to monitor storm events in accordance with the
specified frequency shall constitute a violation of this permit. If the stormwater runoff is
controlled by a detention pond, the following sampling requirements shall apply-
541
e.
(1) If the detention pond detains the runoff generated by one inch of rainfall for 24
hours, visual observations for color, foam, outfall staining, visible sheens, and dry
weather flow are required, but analytical sampling shall not be required.
(2) If the detention pond discharges only in response to a storm event exceeding a 25-
year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall
be considered a non -discharging stormwater control system and not subject to
NPDES requirements, unless the discharge causes a violation of water quality
standards.
Samples analyzed in accordance with the terms of this permit shall be submitted on forms
provided by the Director no later than January 31 for the previous year in which samplingv
was required to be performed. r,
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Analytical results from sampling during the final year of the permit term shall be submitted
with the permit renewal application. cr�
This permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
(1) All other discharges that are authorized by a non-stormwater NPDES permit.
(2) Uncontaminated groundwater, foundation drains, air -conditioner condensate
without added chemicals, springs, discharges of uncontaminated potable water,
waterline and fire hydrant flushings, water from footing drains, flows from riparian
habitats and wetlands.
(3) Discharges resulting from fire -fighting.
Page 7

Permit No. NCS000315
If the storm event monitored and reported in accordance with this permit coincides with a
non-stormwater discharge, the permittee shall separately monitor and report all parameters
as required under the non-stormwater discharge permit and provide this information with
the stormwater discharge monitoring report.
g. Specific Stormwater Monitoring Requirements
The specific stormwater monitoring requirements includes visual monitoring of stormwater
samples. Specific monitoring requirements are defined below.
(1) Visual Monitoring
Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless
of representative outfall status, for the purpose of evaluating the effectiveness of the
Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater
pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not
need to be performed during a representative storm event.
Stormwater Discharge
Characteristics
Fre uenc 1
Monitoring
T e2
Monitoring
Location3
Color
Semi -Annual
Visual
SDO
Odor
Semi -Annual
Visual
SDO
Clart
Semi -Annual
Visual
SDO
Floating Solids
Semi -Annual
Visual
SDO
Suspended Solids
Semi -Annual
Visual
SDO
Foam
Semi -Annual
Visual
SDO
Oil Sheen
Semi -Annual
Visual
SDO
Other obvious indicators
of stormwater pollution
Semi -Annual
Visual
SDO
Footnotes:
1 Frequency: All visual monitoring will be performed twice per year, once in the
spring and once in the fall.
2 Monitoring Type: Visual monitoring requires a qualitative visual observation of each
stormwater outfall. No analytical testing or sampling is required.
3 Sample Location: Stormwater Discharge Outfall (SDO)
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Page 8

Permit No. NCS000315
SECTION B: SCHEDULE OF COMPLIANCE
The permittee shall comply with Final Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
The Stormwater Pollution Prevention Plan shall be developed and implemented within 12
months of the effective date of this permit and updated thereafter on an annual basis.
Secondary containment, as specified in Part I, Section A, 1. b. 2, of this permit, shall be
accomplished within 12 months of the effective date of this permit.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
permitted stormwater controls at optimum efficiency.
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Page 9

Individual Stormwater Page Al
PART II
STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS
SECTION A: DEFINITIONS
2.
3.
4.
5.
Act or "the Act" or CWA
The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
Best Management Practices (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and
other management practices to prevent or reduce the pollution of waters of the
United States. BMPs also include treatment requirements, operation procedures,
and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw material storage.
Calculation of Means
Means shall be calculated according to the following definitions:
a. Arithmetic Mean: The arithmetic mean of any set of values is the summation
of the individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root
of the product of the individual values where N is equal to the number of
individual values. The geometric mean is equivalent to the antilog of the
arithmetic mean of the logarithms of the individual values. For purposes of
calculating the geometric mean, values of zero (0) shall be considered to be
one (1).
C. Weighted by Flow Value: Weighted by flow value means the summation of
each concentration times its respective flow divided by the summation of the,
respective flows. �. Ca
_a _;
Bulk Stora eg of Liquid Products v -)
Liquid raw materials, manufactured products, waste materials or by-products witth�a
single above ground storage container having a capacity of greater than 660 gallons
or with multiple above ground storage containers having a total storage capacity of
greater than 1,320 gallons.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for
purposes of this permit, any consecutive 24-hour period that reasonably represents
the calendar day may be used for sampling.
6. Coal Pile
The rainfall runoff from or through any coal storage pile.

Individual Stormwater Page A2
0J
10
11
12.
13.
14.
DEM or Division
The Division of Environmental Management, Department of Environment, Health
and Natural Resources.
Director
The Director of the Division of Environmental Management, the permit issuing
authority.
EMC
The North Carolina Environmental Management Commission.
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the
Clean Water Act,
Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land
and which is not a land treatment facility, a surface impoundment, an injection well,
a hazardous waste long-term storage facility or a surface storage facility.
Large or Medium Municipal Separate Storm Sewer System
All municipal separate storm sewers that are either:
a. Located in an incorporated place with a population of 100,000 or. more as
determined by the Decennial Census by the Bureau of Census; or
b. Located in the counties with unincorporated urbanized populations of
100,000 or more, except municipal separate storm sewers that are located in _ .
the incorporated places, townships or towns within such counties; or
c. Owned or operated by a municipality other than those described in
paragraph (a) or (b) and that are designated by the Director as part of the
large or medium separate storm sewer system. `__°
Eo
Overburden Cn
k"F)
Any material of any nature, consolidated or unconsolidated, that overlies a mineral
deposit, excluding topsoil or similar naturally -occurring surface materials that are
not disturbed by mining operations.
Permittee
The owner or operator issued a permit.
15. Point Source Discharge
Any discernible, confined and discrete conveyance, including but specifically not
limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,

Individual Stormwater Page A3
container, rolling stock, or concentrated animal feeding operation from which
pollutants are or may be discharged to waters of the state.
16. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded
by at least 72 hours during which no storm event measuring greater than 0.1 inches
has occured. A single storm event may contain intervals of up to 10 consecutive
hours of no precipitation. For example, if it rains for 2 hours without producing
any collectable discharge and then stops, a sample may be collected if a rain
producing a discharge begins again within the next 10 hours.
17. Runoff Coefficient
The fraction of total rainfall that is not infiltrated into or otherwise retained by the
soil, concrete, asphalt or other surface upon which it falls that will appear at the
conveyance as runoff.
18. Secondary Containment
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event.
19. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) of 1986, also
titled the Emergency Planning and Community Right -to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III,
Section 313 reporting requirements; and
C. That meet at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on either Table II
(organic priority pollutants), Table III (certain metals, cyanides, and
phenols) or Table IV (certain toxic pollutants and hazardous
substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A)
of the CWA at 40 CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water
quality criteria.
20. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents,
detergents, and plastic pellets; finished materials such as metallic products; raw
materials used in food processing or production; hazardous substances designated
under section 101(14) of CERCLA; any chemical the facility is required to report
pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste

Individual Stormwater Page A4
products such as ashes, slag and sludge that have the potential to be released with
stormwater discharges.
21. Significant_Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR
110.10 and CFR 117.21) or section 102 of CERCLEI(Ref: 40 CFR 302.4).
22. Stormwater RunoFf
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
23. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying
stormwater and which is directly related to manufacturing, processing or raw
material storage areas at an industrial site. Facilities considered to be engaging in
"industrial activities" include the activities defined in 40 CFR 122.26(b)(14). The
term does not include discharges from facilities or activities excluded from the
NPDES program.
24. Ten Year Design Storm
The precipitation event of a duration which will produce the maximum peak rate of
runoff for the watershed of interest resulting from a rainfall event of an intensity
expected to be equaled or exceeded, on the average, once in ten years.
25. Total Flow
The flow corresponding to the time period over which the sample collection occurs.
The total flow calculated based on the size of the area draining to the outfall, the
amount of the built -upon (impervious) surfaces within the drainage area, and the
total amount of rainfall occurring during the sampling period. V
26. Toxic Pollutant Cn ''
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. M
r�
27. Types of Samples u;
a. Grab samples are individual samples collected instantaneously. Grab samples that
will be directly analyzed or visually monitored must be taken within the first 30
minutes of discharge. Grab samples for compositing purposes must be collected at
no greater than 20 minute intervals.
b . Composite Sample: a composite sample shall mean:
(1) A flow -weighted composite sample, which is a mixture of aliquots collected
at a constant time interval, where the volume of each aliquot is proportional
to the flow rate of the discharge at the time the sample is collected; or

Individual Stormwater Page A5
(2) A time -weighted composite sample, which is a mixture of equal volume
aliquots collected at a constant interval of time.
A composite sample can be obtained from the collection of a series of grab samples,
taken at intervals of no greater than 20 minutes for the entire storm event or the first
three hours of the storm event. The grab sample to be composited must be of no
less than 100 milliliters.
28. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle
cleaning operations, or airport deicing operations.
29. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being
transported by water, air, gravity, or ice from its.site of origin which can be seen
with the unaided eye.
30. Waste Pile
Any non -containerized accumulation of solid, non -flowing waste that is used for
treatment or storage.
31. 25-year. 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on
the average, once in 25 years.

Individual Stormwater Page A6
SECTION B: GENERAL CONDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds for
enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application.
a. The permittee shall comply with effluent standards or prohibitions established
under section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if the
permit has not yet been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed $25,000 per day for each violation. Any
person who negligently violates any permit condition is subject to criminal penalties
of $2,500 to $25,000 per day of violation, or imprisonment for not more than I
year, or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $10,000 per violation with
the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act
33 USC 1319 and 40 CFR 122.41(a).]
c. Under state law,`a daily civil penalty of not more than ten thousand dollars
($10,000) per violation may be assessed against any person who violates or fails to
act in accordance with the terms, conditions, or requirements of a permit. [Ref:
North Carol-na General Statutes 143-215.6A],
d. Any person may be assessed an administrative penalty by the Administrator for,
violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit
-�
condition or limitation implementing any of such sections in a permit issued under.,
section 402 of the Act. Administrative penalties for Class I violations are not to
exceed $10,000 per violation, with the maximum amount of any Class I penalty n
assessed not to exceed $25,000. Penalties for Class II violations are not to exceed"
$10,000 per day for each day during which the violation continues, with the
maximum amount of any Class 11 penalty not to exceed $125,000.
2. Du1y to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liabili
Except as provided in permit conditions on "Bypassing" (Part II, C.3.), nothing in
this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A,
143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish
kills, even though the responsibility for effective compliance may be temporarily
suspended.

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4. 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 143-2I5.75 et seq. or
Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
5. 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.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or
the application of any provision of this permit to any circumstances, is held invalid,
the application of such provision to other circumstances, and the remainder of this
permit, shall not be affected thereby.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any
information which the Director may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating this permit or to determine
compliance with this permit. The permittee shall also furnish to the Director upon
request, copies of records required to be kept by this permit.
8. Expiration of Permit
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 such information, forms, and fees as are required by the
agency authorized to issue permits no later than 180 days prior to the expiration
date. Any permittee that has not requested renewal at least 180 days prior to
expiration, or any permittee that does not have a permit after the expiration and has
not requested renewal at least 180 days prior to expiration, will be subjected to
enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et.
seq.
9. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed
and certified.
a. All applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of
this Section, a responsible corporate officer means: (a) a president,
secretary, treasurer or vice president of the corporation in charge of a

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C.
principal business function, or any other person who performs similar
policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing production or operating facilities employing
more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a
principal executive officer or ranking elected official.
All reports required by the permit and other information requested by the Director
shall be signed by a person described above or by a duly authorized representative
of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or
position having overall responsibility for environmental matters for the
company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
Any person signing a document under paragraphs a. or b. of this section shall make
the following certification:
"I certify, under penalty of law, that this document and all attachments wed;
prepared under my direction or supervision in accordance with a system ,,
designed to assure that qualified personnel properly gather and evaluate than
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines
and imprisonment for knowing violations."
10. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibii the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 40, Code of
Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute
143-215.1 et. al.
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11, Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any
permit condition.
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
the permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have
been necessary to halt or reduce the permitted activity in order to maintain
compliance with the condition of this permit.
3. Bypassing of Stormwater Control_ Facilities
a. Definitions
(1) "Bypass" means the known diversion of stormwater from any portion of a
stormwater control facility including the collection system, which is not a
designed or established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property,
damage to the control facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does
not mean economic loss caused by delays in production.
b. Bypass Not Exceeding Limitations.
The permittee may allow any bypass to occur which does not cause limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provisions of Paragraphs c. and d.
of this section.
c . Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a
bypass, it shall submit prior notice, if possible at least ten days before the
date of the bypass; including an evaluation of the anticipated quality and
affect of the bypass.

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(2) Unanticipated bypass. The permittee shall submit notice within 24 hours of
an unanticipated bypass as required in Part II, E. S. of this permit. (24-
hour notice).
Prohibition of Bypass
Bypass is prohibited and the Director may take enforcement action against a
permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe
property damage;
(2) There were no feasible alternatives to the bypass, such as the use of
auxiliary control facilities, retention of stormwater or maintenance during
normal periods of equipment downtime or dEy weather. This condition is
not satisfied if adequate backup controls should have been installed in the
exercise of reasonable engineering judgment to prevent a bypass which
occurred during normal periods of equipment downtime or preventive
maintenance; and
(3) The permittee submitted notices as required under Paragraph c. of this
section.
The Director may approve an anticipated bypass, after considering its adverse
effects, if the Director determines that it will meet the three conditions listed above
in Paragraph d. of this section.
4. Unsets
a. Definition
"Upset " means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations
because of factors beyond the reasonable control of the permittee. An upset does
not include noncompliance to the extent caused by operational error, improperly
designed treatment or control facilities, inadequate treatment or control facilities,
lack of preventive maintenance, or careless or improper operation.
b . Effect of an Upset.
An upset constitutes an affirmative defense to an action brought for noncompliance
with technology based permit effluent limitations if the requirements of paragraph c.
of this condition are met. No determination made during administrative review of
claims that noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial review.
Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or other
relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of the
upset;
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(2) The permitted facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II, E. 5. (b)
(B) of this permit.
(4) The permittee complied with any remedial measures required under Part II,
A. 2. of this permit.
d. Burden of Proof
In any enforcement proceeding the permittee seeking to establish the occurrence of
an upset has the burden of proof.
SECTION D: MONUORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be
characteristic of the volume and nature of the permitted discharge. Samples shall be
taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. Monitoring points shall not be changed without notification to
and approval of the Director.
2. Reporting
Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent
with accepted scientific practices shall be selected and used to ensure the accuracy
and reliability of measurements of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality
Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC
1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40
CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures
must produce minimum detection and reporting levels that are below the permit
discharge requirements and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure. If no approved

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7.
methods are determined capable of achieving minimum detection and reporting
levels below general permit discharge requirements, then the most sensitive
(method with the lowest possible detection and reporting level) approved method
must be used.
Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or
knowingly renders inaccurate, any monitoring device or method required to be
maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years
per violation, or by both. If a conviction of a person is for a violation committed
after a first conviction of such person under this paragraph, punishment is a fine of
not more that $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
Records Retention
The permittee shall retain records of all monitoring information, including all
calibration and maintenance records and all original strip chart recordings for
continuous monitoring instrumentation, copies of all reports required by this
permit, for a period of at least 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.
Recordine-Results
For each measurement, sample, inspection or maintenance activity performed or
taken pursuant to the requirements of this permit, the permittee shall record the
following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspectionx'
or maintenance activity; ,
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c•. The date(s) analyses were performed;M I-
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d . The individual(s) who performed the analyses;
e . The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a
facility which discharges through a municipal separate storm sewer system, an
authorized representative of a municipal operator or the separate storm sewer
system receiving the discharge, upon the presentation of credentials and other
documents as may be required by law, to;

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a. Enter upon the permittee's premises where a regulated facility or activity is
located or conducted, or where records must be kept under the conditions of
this permit;
b. Have access to and copy, at reasonable times, any records that must be kept
under the conditions of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring
and control equipment), practices, or operations regulated or required under
this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
SECTIQN_E: REPORTING REQUIREMENTS
I . Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned
physical alterations or additions to the permitted facility. Notice is required only
when:
a. The alteration or addition to a permitted facility may meet one of the criteria
for determining whether a facility is a new source in 40 CFR Part 122.29
(b); or
b. The alteration or addition could significantly change the nature or increase
the quantity of pollutants discharged. This notification applies to pollutants
which are subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR Part 122.42 (a) (1).
2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in
the permitted facility or activity which may result in noncompliance with the permit
requirements.
3. Transfers
This permit is not transferable to any person except after notice to and approval by
the Director. The Director may require modification or revocation and reissuance of
the permit to change the name and incorporate such other requirements as may be
necessary under the Clean Water Act.
4. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this
permit.
S. 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

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of the circumstances. A written submission shall also be provided within 5 days of
the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the noncompliance.
The following shall be included as information which must be reported within 24
hours under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the
permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants
listed by the Director in the permit to be reported within 24 hours.
The Director may waive the written report on a case -by -case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24
hours.
Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part IL
E. 4. and 5. of this permit at the time monitoring reports are submitted. The reports
shall contain the information listed in Part 11. E. 5. of this permit.
Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a
notice of intent to be covered under this permit or in any report to the Director, it
shall promptly submit such facts or information.
Availability of Reports NO
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or c�
Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance
with the terms shall be available for public inspection at the offices of the Division
of Environmental Management. As required by the Act, effluent data shall not be
considered confidential. Knowingly making any false statement on any such report
may result in the imposition of criminal penalties as provided for in NCGS 143-
215.6B or in Section 309 of the Federal Act.
9 . Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false
statement, representation, or certification in any record or other document
submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for
not more than two years per violation, or by both.
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PART III
LIMITATIONS REOPENER
This permit shall be modified or alternatively, revoked and reissued, to comply with any
applicable effluent guideline or water quality standard issued or approved under Sections
302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent
guideline or water quality standard so issued or approved:
a. contains different conditions or is otherwise more stringent than any effluent
limitation in the permit; or
b. controls any pollutant not limited in -the permit.
The permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
PART IV
ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty)
days after being billed by the Division. Failure to pay the fee in timely manner in
accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to
revoke the permit.