NCS000312_Permit Issuance_20180817

STORMWATER DIVISION CODING SHEET
PERMIT NO.
2
DOC TYPE
)(FINAL PERMIT
❑ MONITORING INFO
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑
YYYYMMDD

Energy, Mineral
and Land Resources
ENVIRONMENTAL RVALITY
August 17, 2018
Mr. Erik Bomireto
AERC Acquisitions Corporation
d/b/a DART, A Clean Earth Company
4132 Pompano Road
Charlotte, NC 28216
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR.
Interim Director
Subject: Final NPDES Stormwater Permit
Permit No. NCS000312
AERC Acquisitions Corporation
d/b/a DART, A Clean Earth Company
Mecklenburg County
Dear Mr. Bomireto:
In response to your renewal application for continued coverage under NPDES stormwater permit
NCS000312, the Division of Energy, Mineral and Land Resources is 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 U.S. Environmental
Protection Agency dated October 15, 2007 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on June 11, 2018. On July
16, 2018 our office received your ownership change request for this facility. This permit reflects the
ownership change as requested.
Please note that analytical and qualitative monitoring is required in this permit. Failure to complete the
monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of
the Clean Water Act. Reference Part lit, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for
Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information.
If any parts, measurement frequencies or sampling requirements contained in this modification are
unacceptable to you, then you have the right to file a petition for a contested case with the Office of
Administrative hearings within thirty (30) days following receipt of this letter. This petition must Conform
to the requirements of Chapter 150B of the North Carolina General Statutes. Petitions must be filed in a
timely manner with the Office of Administrative Hearings, Post Office Drawer 11666, Raleigh, North
Carolina 27604. If you do not file a petition within the required time, the agency decision shall be final and
binding.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, NC 27699-1612
919 707 9200 T

NCS000312 Draft Permit
Page 2
Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed
in case of change in ownership or control of this discharge. This permit does not affect the legal
requirements to obtain other permits which may be required by this Division, or permits required by the
Division of Water Resources, Coastal Area Management Act or any other federal, state or local
governmental permit that may be required.
If you have any questions or comments, please contact Bradley Bennett at [phone] or at
[e-mail].
Sincerely,
for Iliam E. ((Toby) Vinso/Jr.,..E., CPESC, CPM
Interim Director
cc: Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303,
Zahid Khan, DEMLR Mooresville Regional Office - electronic
Chad Broadway, Charlotte -Mecklenburg Stormwater Services - electronic
Stormwater Permitting Program
Attachments

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Permit No. NCS000312
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 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,
AERC Acquisition Corporation
d/b/a DART, A Clean Earth Company
is hereby authorized to discharge stormwater from a facility located at
AERC Acquisitions Corporation d/b/a DART, A Clean Earth Company
4132 Pompano Road
Charlotte, NC
Mecklenburg County
to receiving waters designated as Stewart Creek, a class C stream in the Catawba River
Basin, in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts I,11, II1, and IV hereof.
This permit shall become effective August 17, 2018.
This permit and the authorization to discharge shall expire at midnight on July 31, 2023.
Signed this day August 17, 2018.
I
for William E. (Toby) Vinsofi Jr., P.E., CPESC, CPM, Interim Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission

t
Permit No. NCS000312
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: On -Site Vehicle & Equipment Maintenance Monitoring Requirements
Section D: Qualitative Monitoring Requirements
Section E: Special Conditions
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
Section A: Compliance
and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
b.
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
y

Permit No. NCS000312
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
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1. Representative Sampling
2. Recording Results
3. Flow Measurements
4. Test Procedures
S. Representative Outfall
6. Records Retention
7. Inspection and Entry
Section E: Reporting Requirements
1. Discharge Monitoring Reports
2. Submitting Reports
3. Availability of Reports
4. Non-Stormwater Discharges
5. Planned Changes
6. Anticipated Noncompliance
7. Spills
8, Bypass
9. Twenty-four Hour Reporting
10. Other Noncompliance
11. Other Information
PART IV DEFINITIONS
M

Permit No. NC5000312
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge stormwater associated with industrial activity.
Such discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described
in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES
stormwater discharge permit requirements. Any owner or operator wishing to obtain a No
Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to
the Division; must receive approval by the Division; must maintain no exposure conditions
unless authorized to discharge under a valid NPDES stormwater permit; and must recertify
the No Exposure Exclusion annually.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that
has been adequately treated and managed in accordance with the terms and conditions of
this permit. All stormwater discharges shall be in accordance with the conditions of this
permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or
approval. The stormwater discharges allowed by this permit shall not cause or contribute
to violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
Page - 1

SEGTION C: LOCATION MAP
Permit No. NCS000312
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Page - 2

Permit No. NCS000312
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan
(SPPP). The SPPP shall be maintained on site unless exempted from this requirement by
the Division. The SPPP is public information in accordance with Part III, Standard
Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum,
the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility
and the potential pollutant sources that may be expected to contribute to
contamination of stormwater discharges. The Site Overview shall contain the following
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters; the name of the receiving waters to which the stormwater outfalls
discharge, or if the discharge is to a municipal separate storm sewer system, the
name of the municipality and the ultimate receiving waters; and accurate latitude
and longitude of the points of stormwater discharge associated with industrial
activity. The general location map (or alternatively the site map) shall identify
whether any receiving waters are impaired (on the state's 303(d) list of impaired
waters) or if the site is located in a watershed for which a TMDL has been
established, and what the parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants that
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary;
the stormwater discharge outfalls; all on -site and adjacent surface waters and
wetlands; industrial activity areas (including storage of materials, disposal areas,
process areas, loading and unloading areas, and haul roads); site topography and
finished grade; all drainage features and structures; drainage area boundaries and
total contributing area for each outfall; direction of flow in each drainage area;
industrial activities occurring in each drainage area; buildings; stormwater Best
Management Practices (BMPs); and impervious surfaces. The site map must
indicate the percentage of each drainage area that is impervious, and the site map
must include a graphic scale indication and north arrow.
(d) A list of significant spills or leaks of pollutants during the previous three (3) years
and any corrective actions taken to mitigate spill impacts.
Page - 3

Permit No. NCS000312
(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 HI, Standard Conditions, Section B, Paragraph 3.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall
contain a narrative description of the materials management practices employed which
control or minimize the stormwater exposure of significant materials, including
structural and nonstructural measures. The Stormwater Management Strategy, at a
minimum, shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to rainfall and run-on Flows. Wherever practical, the
permittee shall prevent exposure of all storage areas, material handling operations,
and manufacturing or fueling operations. In areas where elimination of exposure is
not practical, this review shall document the feasibility of diverting the stormwater
run-on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials: storage in any amount of Section 313
of Title III of the Superfund Amendments and Reauthorization Act (SARA) water
priority chemicals; and storage in any amount of hazardous substances. in order to
prevent leaks and spills from contaminating stormwater runoff. A table or summary
of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected to
stormwater conveyance systems, the connection shall be controlled by manually
activated valves or other similar devices (which shall be secured closed with a
locking mechanism). Any stormwater that accumulates in the containment area
shall be at a minimum visually observed for color, foam, outfall staining, visible
sheens and dry weather flow, prior to release of the accumulated stormwater.
Accumulated stormwater shall be released if found to be uncontaminated by any
material. Records documenting the individual making the observation, the
description of the accumulated stormwater, and the date and time of the release
shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill
Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan
fully compliant with the requirements of this permit may be used to demonstrate
compliance with this permit. The Division may allow exceptions to secondary
containment requirements for mobile refuelers, as with the exemption provided by
amendments to federal SPCC regulations,.as long as appropriate spill containment
and/or diversionary structures or equipment is used to prevent discharge to surface
waters. Exceptions do not apply to refuelers or other mobile tankage used primarily
as bulk liquid material storage in a fixed location in place of stationary containers.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs
Page : 4

Permit No. NCS000312
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.
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. i
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed and implemented.
The program shall address all stormwater control systems (if applicable), stormwater
discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial
activity areas (including material storage areas, material handling areas, disposal areas,
process areas, loading and unloading areas, and haul roads), all drainage features and
structures, and existing structural BMPs. The program shall establish schedules of
inspections, maintenance, and housekeeping activities of stormwater control systems,
as well as facility equipment, facility areas, and facility systems that present a potential
for stormwater exposure or stormwater pollution where not already addressed under
another element of the SPPP. Inspection of material handling areas and regular
cleaning schedules of these areas shall be incorporated into the program. Timely
compliance with the established schedules for inspections, maintenance, and
housekeeping shall be recorded and maintained in the SPPP.
S. FaciIity Inspections. Inspections of the facility and all stormwater systems shall occur
as part of the Preventative Maintenance and Good Housekeeping Program at a
minimum on a semi-annual schedule, once during the first half of the year (January to
June), and once during the second half (July to December), with at least 60 days
separating inspection dates (unless performed more frequently than semi-annually).
These facility inspections are different from, and in addition to, the stormwater
discharge characteristic monitoring at the outfalls required in Part 11 B, C, and D of this
permit.
6. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill
response and cleanup, preventative maintenance activities, and for any of the facility's
operations that have the potential to contaminate stormwater runoff. The facility
Page - S

Permit No. NCS000312
personnel responsible for implementing the training shall be identified, and their
annual training shall be documented by the signature of each employee trained.
7. Responsible Party. The SPPP shall identify a specific position or positions responsible
for the overall coordination, development, implementation, and revision of the SPPP.
Responsibilities for all components of the SPPP shall be documented and position
assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP
whenever there is a change in design, construction; operation, site drainage,
maintenance, or configuration of the physical features which may have a significant
effect on the potential for the discharge of pollutants to surface waters. All aspects of
the SPPP shall be reviewed and updated on an annual basis. The annual update
shall include:
(a) an updated list ofsignificant spills or leaks of pollutants for the previous three
(3) years, or the notation that no spills have occurred (element of the Site
Overview);
(b) a written re -certification that the stormwater outfalls have been evaluated for
the presence of non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on -site stormwater
BMPs (BMP Summary element of the Stormwater Management Strategy).
(d) a review and comparison ofsample analytical data to benchmark values (if
applicable) over the past year, including a discussion about Tiered Response
status. The permittee shall use the Division's Annual Summary Data
Monitoring Report (DMR) form, available from the Stormwater Permitting
Program's website (See: https://dea.ne.gov/about/divisions/energy-mineral-land-
resourceslnpdes-stormwater-individuall.
The Director may notify the permittee when the SPPP does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee
shall submit a time schedule to the Director for modifying the SPPP to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part 111, Standard Conditions, Section B, Paragraph 3) to the Director that the changes
have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution
Prevention Plan and all appropriate BMPs consistent with the provisions of this permit,
in order to control contaminants entering surface waters via stormwater.
Implementation of the SPPP shall include documentation of all monitoring,
measurements, inspections, maintenance activities, and training provided to
employees, including the log of the sampling data and of actions taken to implement
BMPs associated with the industrial activities, including vehicle maintenance activities.
Such documentation shall be kept on -site for a period of five (5) years and made
available to the Director or the Director's authorized representative immediately upon
request.
Page - 6

Permit No. NCS000312
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1.
All analytical monitoring shall be performed during a measureable storm event at each
stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with
industrial activity must be sampled (See Definitions).
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 Monitoring Requirements
Parameter
Code° E
3 E E , Discharge �:. `
Characteristics
i, Units
Measurement
Fres uenc
; '
3+ T Sample eZ
Sample
Location
C0530
Total Suspended Solids TSS)
m L
semi-annual
Grab
SDO
340
Chemical Oxygen Demand COD
m L
semi-annual
Grab
SDO
400
pH
standard
semi-annual
Grab
SDO
46529
Total Rainfall4
inches
semi-annual
Rain Gauge
-
Footnotes;
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.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30
minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall he
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
Page - 7

Permit No. NCS000312
of benchmark comparison and Tiered response actions, the permittee shall use the
analytical results from the first sample with valid results within the monitoring period.
Table 2. Monitoring Schedule
�¢ i�1' flip
Semi Annual si! "1
¢i ` €t€ llit,i i
i4"', ;Stars Date I
I { IE
,` ���,, ,i3 End Date
Monitoring Events 1 2
l (All Yeaiirs]( "
3 3
i 3 3 i
(A11 Years)
Period 1
January 1
June 30
Period 2
July 1
December 31
Footnotes:
1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this
permit is revoked or rescinded. The permittee must submit an application for renewal of coverage
before the submittal deadline (180 days before expiration) to be considered for renewed coverage
under the permit. The permittee must continue analytical monitoring throughout the permit
renewal process, even if a renewal permit is not issued until after expiration of this permit.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period.
3 Monitoring periods remain consistent through the permit term and through the renewal process.
Failure to monitor semi-annually per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period. "No discharge" from an
outfall during a monitoring period does not constitute failure to monitor, as long as it is
properly recorded and reported.
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
' Dischar a Characteristics i
i,
g
,
Units
:Benchmark
Total Suspended Solids (TSS)
mg/L
100
Chemical Oxygen Demand (COD)
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.
Page - 8

Permit No. NCS000312
,TierOne�.
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any
arameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling
results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations
within the benchmark range.
4. Implement the selected feasible actions within two months of the inspection.
S. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark
exceedance, the inspection date, the personnel conducting the inspection, the selected actions, and the
date the selected actions were implemented.
6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response.
„.J ier wo;
If: The first valid sampling results from two consecutive monitoring periods (omitting periods with no
discharge) are above the benchmark values, or outside of the benchmark range, for any specific parameter at
a specific discharge outfall;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct
monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two
consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three
consecutive sample results are below the benchmark values or within benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the
option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional
Engineer may direct the response actions on the part of the permittee as provided in Tier Three,
including reduced or additional sampling parameters or frequency.
S. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
Tier Three
If The valid sampling results required for the permit monitoring periods exceed the benchmark value, or
are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the
permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth
analytical results;
Then: The Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency for
some or all of the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to installstructural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize impacts on
receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
Page - 9

Permit No. NCS000312
SECTION C: ON -SITE VEHICLE & EQUIPMENT MAINTENANCE MONITORING
REQUIREMENTS
Facilities that have any vehicle and/or equipment maintenance activity occurring on -site
which uses more than 55 gallons of new motor oil and/or hydraulic oil per month
when averaged over the calendar year shall perform analytical monitoring as specified
below in Table 4. 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 4. Analytical Monitoring Requirements for On -Site Vehicle & Equipment
Maintenance
EParameter
E'E'3 �3 ".E
Dischar a CharacIIItII er>istics 11� E 9
g 3E
€ E..- 311�33 E3
, t€t ° ttt 55 Unrts , E
EttF F 6 P 6 �-
3 3E E ?-4-,,5 F
€Measurements
€
d3i
3}tS Imp le -
€
:{
FFe Sample ,a3
[P IS€■/Y({�6.. (y3
dVvv�6t>1'rie
q
t-F 5 i
t
gee' _
3 -t.' i l y €# -{ E.€ 1pe t 3.
p F S pn./.�E E
�:—j
l:)'tt l 3
_ ! T '�i li 32
6�>Mo{iat�Dn
F<@i 'EC"c
u4n�r
is��S
9.
552
Non -Polar Oil & Grease by
mg/L
semi-annual
Grab
SDO
EPA Method1664 SGT-HEM
C0530
Total Suspended Solids
m L
semi-annual
Grab
SDO
46529
Total Rainfa114
inches
semi-annual
Rain gauge
-
--
New Motor Hydraulic Oil Usage
gallons/month
semi-annual
Estimate
-
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 revolted or rescinded. See Table 2 for schedule of monitoring periods through the end of this
permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions
under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in
Tier Two or Tier Three status until relieved by the provisions of this permit or the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation
between outfalls prevents collecting all samples within the first 30 minutes, sampling shall 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 5. The benchmark
values in Table 5 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 permiee to increase monitoring, increase management actions, increase retard
Page - 10

Permit No. NCS000312
keeping, and/or install stormwater Best Management Practices (BMPs) in response to a
tiered program. See description of tiers and required response in Part II Section B.
Table 5. Benchmark Values for Vehicle & Equipment Maintenance Monitoring
,` ;Discharge Characteristics ! g' ':
°° 3 Units
„'', Benthrriark
Non -Polar Oil & Grease by
EPA Method1664- (SGT-HEM)
mg/L
15
Total Suspended Solids
mg/L
100
SECTION D: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater
pollution. Qualitative monitoring of stormwater outfalls must be performed during a
measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status. Qualitative monitoring shall be performed semi-annually
during required analytical monitoring events (unless the permittee is required to perform
further qualitative monitoring per the Qualitative Monitoring Response, below). Inability
to monitor because of adverse weather conditions must be documented in the SPPP and
recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions).
Only SDOs discharging stormwater associated with industrial activity must be monitored
(See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee
shall document the suspected cause of the condition and any actions taken in response to
the discovery. This documentation will be maintained with the SPPP.
Table 6. Qualitative Monitoring Requirements
,Disc harg'e,Cha racterastIcs' E [ €' `
` Frequency
, Monitoring
Sj-
Locations
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Page - 11

Permit No. NCS000312
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. The permittee must
continue qualitative monitoring throughout the permit renewal process until a new permit is issued.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status.
A minimum of 60 days must separate monitoring dates, unless additional sampling has
been instituted as part of other analytical monitoring requirements in this permit.
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are
ineffective, or that significant stormwater contamination is present, the permittee shall
investigate potential causes, evaluate the feasibility of corrective actions, and implement
those corrective actions within 60 days, per the Qualitative Monitoring Response, below.
A written record of the permittee's investigation, evaluation, and response actions shall be
kept in the Stormwater Pollution Prevention Plan.
Dualitative MonitorinL kesnonse r " f
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new
potential sources of stormwater pollution, and prompting the permittee's response to pollution. If
the permittee repeatedly fails to respond effectively to correct problems identified by qualitative
monitoring, or if the discharge causes or contributes to a water quality standard violation, the
Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for some
or all parameters (analytical or qualitative)
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters; or
require the permittee implement site modifications to qualify for a No Exposure Exclusion.
SECTION 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. The final NPDES Electronic Reporting Rule was adopted and
became effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within
Part III of this permit (Standard Conditions far NPDES Permits):
• Section B. (3.)
• Section D. (6.)
• Section E. (1.)
• Section E. (2.)
Signatory Requirements
Records Retention
Discharge Monitoring Reports
Submitting Reports
Page - 12

Permit No. NCS000312
1. Reporting Requirements [Supplements Section E. (I.) and Supersedes Section E.
LU
Effective December 21, 2016 or when the agency's electronic reporting system is able
to accept NPDES stormwater permit monitoring data, the permittee shall report
discharge monitoring data electronically using the NC DWR's Electronic Discharge
Monitoring Report (eDMR) internet application. NC DEMLR will notify permittees
when eDMR is ready to accept stormwater monitoring data.
Monitoring results obtained during the previous month(s) shall be summarized for each
month and submitted electronically using eDMR. The eDMR system allows permitted
facilities to enter monitoring data and submit DMRs electronically using the internet.
Until such time that the state's eDMR application is compliant with EPA's Cross -Media
Electronic Reporting Regulation (CROMERR), permittees will be required to submit all
discharge monitoring data to the state electronically using eDMR and also will be
required to complete the eDMR submission by printing, signing, and submitting one
signed original and a copy of the computer printed eDMR to the following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If permittee is unable to use the eDMR system due to a demonstrated hardship or due
to the facility being physically located in an area where less than 10 percent of the
households have broadband access, then a temporary waiver from the NPDES
electronic reporting requirements may be granted and discharge monitoring data may
be submitted on paper DMR forms or alternative forms approved by the Director.
Duplicate signed copies shall be submitted to the mailing address above. See "How to
Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due no later than 30 days from
the date the facility receives the sampling results from the laboratory.
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 S 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
Page - 13

Permit No. NCS000312
reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver
are found on the following web page:
http_/�deg..nc.goy_labout/divisions/water-resources/edmr
3. SignatoEy Requirements S e e s Section B. 3. Supersedes Section
B. (3.) (d)ld)l
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part II1, Section B. (3.)(a) or by a duly authorized representative of that
person as described in Part III, Section B. (3.)(b). A person, and not a position, must be
delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the eDMR system. For more
information on North Carolina's eDMR system, registering for eDMR and obtaining an
eDMR user account, please visit the following web page:
http://deq..nc.gov/about/divisions/water-resources/edmr
/deq..nc.goy/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system
shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible forgathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility off nes and
imprisonment for knowing violations."
4. Records Retention [Supplements Section ID,"
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 anytime [40 CFR 122.41].
Page - 14

Permit No. NCS000312
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 11, Section A, Paragraph 2(b) of this permit, shall be accomplished
within 12 months of the effective date of the initial permit issuance.
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan
shall be developed and implemented prior to the beginning of discharges from the operation of the
industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified
in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of
stormwater discharges from the operation of the industrial activity.
Existing facilities previously permitted and applying for renewal: All requirements, conditions,
limitations, and controls contained in this permit (except new SPPP elements in this permit renewal)
shall become effective immediately upon issuance of this permit. New elements of the Stormwater
Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6
months of the effective date of this permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit shall be accomplished
prior to the beginning of Stormwater discharges from the operation of the industrial activity.
2. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes
a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal
application [40 CFR 122.41].
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)].
Page - 15

Permit No. NCS000312
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) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and
can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)].
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against
any person who violates or fails to act in accordance with the terms, conditions, or requirements
of a permit [North Carolina General Statutes § 143-215.6A].
g. Any person may be assessed an administrative penalty by the Administrator for violating section
301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act.
Administrative penalties for Class I violations are not to exceed $20,628 per violation, with the
maximum amount of any Class 1 penalty assessed not to exceed $51,570. Penalties for Class I1
violations are not to exceed $20,628 per day for each day during which the violation continues,
with the maximum amount of any Class 1I penalty not to exceed $257,848 [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)].
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
permit which has a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
4. Civil and Criminal Liability
Except as provided in Part III, 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. ,
5. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)].
Page - 16

Permit No, NCS000312
7. Seyerability
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 1506-23).
B. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Permit Issuing
Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)].
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not
more than two years per violation, or by both. If a conviction of a person is for a violation committed
after a first conviction of such person under this paragraph, punishment is a fine of not more than
$20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411.
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411.
11. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
12. Duty to Reap&
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
SECTION S: GENERAL CONDITIONS
Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as
are required by the agency authorized to issue permits no later than 180 days prior to the
expiration date, unless permission for a later date has been granted by the Director. (The Director
shall not grant permission for applications to be submitted later than the expiration date of the
existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days
prior to expiration, or any permittee that does not have a permit after the expiration and has not
requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures
as provided in NCGS §143-215.36 and 33 USC 1251 et. seq.
Page - 17

Permit No. NCS000312
2, Transfers
This permit is not transferable to any person without prior written notice to and approval from the
Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with
NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation
and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate
such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state
statute. The Permittee is required to notify the Division in writing in the event the permitted
facility is sold or dosed.
3. Signatory ReguirpMents
All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed
and certified [40 CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing, production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure
long term environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions taken to gather complete
and accurate information for permit application requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with corporate
procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, state, federal, or other public agency: by either a principal executive
officer or ranking elected official [40 CFR 122.22].
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).
Page - 18

Permit No. NCS000312
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
122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"1 certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properlygather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible forgathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. 1 am aware that there are significant penalties for submitting false information,
including the possibility offines 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, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 eta].
PermitActions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance does not stay any permit condition [40 CFR
122.41(f)].
6. Annual Administering and Compliance Monitoring Fee Bequirerrlents
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
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)].
Bypassing of Stormwater_Control_Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass
unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater, or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
Page - 19

Permit No. NCS000312
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 122.41(i)).
Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee
shall record the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
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 and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge
requirements, then the most sensitive (method with the lowest possible detection and reporting
level) approved method must be used.
5. Representative OutLall
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.
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Permit No. NCS000312
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 Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to:
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location [40
CFR 122.41(i)].
SECTION E: REPORTING REQUIREMENTS
Discharge Monitorine Repo
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 htt s:Hde .nc. ov/about/divisioiis/ener -
mineral-land-resources/npdes-stormwater-individual). Regardless of the submission method
(paper or electronic), submittals shall be delivered to the Division or appropriate authority no later
than 30 days from the date the facility receives the sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required
to submit a discharge monitoring report, within 30 days of the end of the specified sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T15A 028.0506.
If the permittee monitors any pollutant more frequently than required by this permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or
other appropriate instrument governing the discharge, the results of such monitoring shall be
included in the data submitted on the DMR [40 CFR §122.41(1)].
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Permit No. NCS000312
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
Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be
available for public inspection at the offices of the Division. As required by the Act, analytical data
shall not be considered confidential. Knowingly making any false statement on any such report may
result in the imposition of criminal penalties as provided for in NCGS 143-215.6E or in Section 309 of
the Federal Act.
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 provide this information with the stormwater discharge
monitoring report.
S. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged [40
CFR 122.41(I)]. 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(l)(2)].
7. Spills
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.
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.
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Permit No. NCS000312
9. Twenty-four Hour_Repor_tin�
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(l)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section
if the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at [phone], [phone] or [phone].
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at
the time monitoring reports are submitted [40 CFR 122.41(I)(7)].
11. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)].
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Permit No. NCS000312
PART IV DEFINITIONS
A&
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 weather does not exempt the permittee from
having to file a monitoring report in accordance with the sampling schedule. Adverse events and
failures to monitor must also be explained and reported on the relevant DMR.
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. However, non-stormwater discharges which shall be
allowed in the stormwater conveyance system include:
a. All other discharges that are authorized by a non-stormwater NPDES permit
b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye
wash as a result of use in the event of an emergency.
4. Best Management Practices {BM Ps)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may
take the form of a process, activity, or physical structure. More information on BMPs can be found at:
htt w d a i n 1 i- s n ra tices- m- or wat #
5. aynass
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 leEated On close proximity to eaeh other having a
total combined storage capacity of greater than 1,320 gallons.
7. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under any General Permit and is signed by the Director.
B. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
9. Division or DEMO R
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
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Permit No. NCS000312
10. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
11. E I
The North Carolina Environmental Management Commission.
12. Oral-Samp.L
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively
or qualitatively) must be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term
storage facility or a surface storage facility.
15. Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm
events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two
copies of this information and a written request letter shall be sent to the local DEMLR Regional
Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on
site in the permittee's SPPP.
16. Municipal Separate Storm Sewer System CM14]
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
17. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff. Industrial materials or activities include, but are not limited to, material handling equipment
or activities, industrial machinery, raw materials, intermediate products, by-products, final products,
or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES
Stormwater Permitting requirements only if a facility complies with the terms and conditions
described in 40 CFR §122.26(g).
18. Notice_of-Intent
The state application form which, when submitted to the Division, officially indicates the facility's
notice of intent to seek coverage under a General Permit.
19. Permit Issuing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above).
20. Permittee
The owner or operator issued this permit.
21. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
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Permit No. NCS000312
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, Secondary 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 III, Section 313 reporting
requirements; and
c. Meets at least one of the following criteria:
i. 1s listed in appendix D of 40 CFR part 122 on Table 1I (organic priority pollutants), Table
11I (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
ii. Is listed as a hazardous substance pursuant to section 311(b) (2)(A) of the CWA at 40 CFR
116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
25. kyere-Propert3LDarnage
Substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
26. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or
production; hazardous substances designated under section 101(14) of CERCLA; any chemical the
facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges.
27. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section
102 of CERCLA (Ref: 40 CFR 302.4).
28, Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including
but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection
areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina.
29, Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt
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Permit No. NCS000312
30. Stormwatgr 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 he engaged in "industrial activities" include those activities defined in
40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded
from the NPDES program.
31. Stormwater Pollution -Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution potential of the site.
32. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be
found at ht//dgq.nc.gov/about/divisions/water-resoui-CC5/plan.nillgImadejing-
assessmentltmdls/draft-and-apl2roved-tmdls.
33. T_oxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. Yphicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations,
or airport deicing operations. For the purposes of this permit, vehicle maintenance activity includes
equipment maintenance -that uses hydraulic oil and that is stored or used outside, or otherwise
exposed to stormwater.
35. Visible SedimgRlation
Solid particulate matter, both mineral and organic, that has been or is being transported by water,
air, gravity, or ice from its site of origin which can be seen with the unaided eye.
36. 25-year. 24 hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once
in 25 years.
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