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NCS000008_FINAL PERMIT_20141218
_ ____..-----STORMWATER-DIVISION-CODING~SHEET' ---�- PERMIT NO. 00,0067 DOC TYPE NPFINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ a�J (y 2 $ YYYYMM DD 'A Permit Number NCS000006 Central Files: APS — SWP _ 12/17/2014 Permit Tracking Slip Program Category Status Project Type NPDES SW issued Renewal Permit Type Version Permit Classification Stormwater Discharge, Individual RECEIVEDIndividual Primary Reviewer DEC I g LA Permit Contact Affiliation julie.ventaloro Scott Fulcher CENTRAL FILES Manager Operations Coastal SWRule SECTION DWR PO Drawer4991 Martinsville VA 24115 Permitted Flow 0 Facility Facility Name Major/Minor Region Fortress Wood Products Minor Washington Location Address County 899 Foreman Bundy Rd Pasquotank Facility Contact Affiliation Elizabeth City NC 27909 Nand Kerby Facility Manager Owner Owner Name Owner Type Fortress Wood Products Non -Government Owner Affiliation James Dudley President PO Drawer 4991 Dates/Events Martinsville VA 24115 Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 8/31/1994 11/26/2012 9/4/2014 10/29/2014 12/15/2014 1/1/2015 12/31/2019 Regulated Activities Requested !Received Events Stormwater (activities not covered) Region comments on draft requested - 9/10114 Region comments on draft received 11/13/14 Outfalt 001 Waterbody Name Streamindex Number Current Class Subbasin Little River 30-5-(1) C;Sw 03-01-52 AMMMA a NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Scott Fulcher Fortress Wood Products P.O. Drawer 4991 Martinsville, VA 24115 Dear Mr. Fulcher; John E. Skvarla, III Secretary December 15, 2014 Subject:' Final NPDES Stormwater Permit r Permit No. NCS000008 Fortress Wood Products Pasquotank County In response to your renewal application for continued coverage under NPDES stormwater permit NCS000008, 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). The final permit contains no significant changes from the draft permit that was noticed on October 24, 2014. The monitoring strategy remains the same (semi-annual) as the previous term of the permit. 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 II1, 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 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. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey'Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 t Internet http:Lportal.ncdenr.orplweb/ir/ An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NCS000008 Page 2 of 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 the Division of Energy, Mineral .and Land Resources, or permits required by the Division of Water Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions or comments concerning this permit, contact Julie Ventaloro at (919) 807- 6370 or julie.ventaloro@ncdenr.gov. Sincerely, for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Washington Regional Office, B. Moore Stormwater Permitting Program Files Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303 DWR Central Files Attachment: Permit NCS000008 NCS000008 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES . DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES 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, Fortress Wood Products is hereby authorized to discharge stormwater from a facility located at Fortress Wood Products 899 Foreman Bundy Road Elizabeth City, NC Pasquotank County to receiving waters designated as UT to Little River, a class C;Sw stream in the Pasquotank 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 January 1, 2015. This permit and the authorization to discharge shall expire at midnight on December 31, 2019. Signed this day December 15, 2014. . for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission i Permit No. NCS000006 M TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 1I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply I Duty to Mitigate 4. Civil and Criminal Liability S. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply } 0 Permit No. NCS000008 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 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3: Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS m Permit No. NC5000006 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 (N01) 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. Part I Page 1 of 2 •SECTION ,C: LOCATION MAP Permit No. NCSOOOOOE NCS000008 N W I~ S Map Scale 1.24, 000 D&A 0 • •�.:�� ivia -f 71 J Fortress Wood Products r I + I rj �1 Vol . • � 4y1 W lit ne � �iit Yirvr• Fortress Wood Products Fortress Wood Products Latitude: 360 16' 09" N ' Longitude: 760 19' 11" W Gaunty: Pasquotank Receiving Stream: UT to Litde River Index No: 30-5-(1) Stream Class: C; Sw Sub -basin: 03-01-52 (Pasquotank River Basin) 0 Facility Location r Part I Page 2 of 2 Permit No. NCS000008 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 pl, 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. Part 11 Page 1 of 12 Permit No. NCS000008 (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 I11, 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 torage 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. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a Part II Page 2 of 12 Permit No. NCSOOOOOB written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution whefe not already addressed under another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. 5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part 11 B, C, and D of this permit. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. Part II Page 3 of 12 Permit No. NCS000008 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 of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the 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 BM Ps (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 (DMA) form, available from the Stormwater Permitting Program's website (See'Monitoring Forms' here: httIL.Uportal.ncdennore/web11rInpdes-stormwatrer). 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 Ili, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five (S) years and made available to the Director or the Director's authorized representative immediately upon request. Part II Page 4 of 12 Permit No. NCS000008 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 Discharge Characteristics Units Measurement Fre uenc l' Sample T�peZ Sample Ldcation3 Biochemical Oxygen Demand (BOD) m L semi-annual Grab SDO Chemical Oxygen Demand COD m L semi-annual Grab SDO Ammonia, total as Nitrogen (Non- Trout mg/L semi-annual Grab SDO Copper, total recoverable m L semi-annual Grab SDO Total Suspended Solids (TSS) m L semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain Gauge - Footnotes: 1 Measurement Frequency: Twice per year (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 be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. Part 11 Page 5 of 12 Permit No. NCS000008 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 I11, Section E). However, for purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Table 2. MonitorinR Schedule Monitoring eriiod1,z p Sample Number.... . Start.., , .,. .. End;: Year 1- Period 1 1 January 1, 2015 June 30, 2015 Year 1- Period 2 2 July 1, 2015 December 31, 2015 Year 2 - Period 1 3 January 1, 2016 June 30, 2016 Year 2 - Period 2 4 July 1, 2016 December 31, 2016 Year 3 - Period 1 5 January 1, 2017 June 30, 2017 Year 3 - Period 2 6 July 1, 2017 December 31, 2017 Year 4 - Period 1 7 January 1, 2018 June 30, 2018 Year 4 - Period 2 8 July 1, 2018 December 31, 2018 Year 5 - Period 1 9 January 1, 2019 June 30, 2019 Year 5 - Period 2 10 July 1, 2019 December 31, 2019 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. 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. Part II Page 6 of 12 Permit No. NCS000008 Table 3. Benchmark Values for Analytical Monitoring D scharY `e Characteristics Units ' Benchmark`; Biochemical Oxygen Demand (BOD) mg/L 30 Chemical Oxygen Demand (COD) mg/L 120 Ammonia, total as Nitrogen (Non- mg/L 7.2 Copper, total recoverable mg/L 0.010 Total Suspended Solids (TSS) mg/L 100 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. Tier One If The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving . sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. S. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, 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. Part lI Page 7 of 12 Permit No. NCS000008 'Ti erTWo If: The first valid sampling results from two consecutive monitoring periods 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. 5. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Tier Th ree7. If. The valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results; Then: The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations through the permit renewal process. SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually as specified in Table 4, and during required analytical monitoring events (unless the permittee Part 11 Page 8 of 12 Permit No. NCS000008 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 4. Qualitative Monitoring Requirements bischage Characteristics '"' .. Frequencyi Monitoring Location2 ' Color semi-annual SDO Odor semi-annual SDO Clari semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative 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. Part li Page 9 of 12 Permit No. NCS000008 Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities that have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. 'All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance DischargerCharacteristics'� s Units Measurement Sample ,Sample. ' F're uenc i T e? Location3 Non -Polar Oil &Grease by mg/L semi-annual Grab SDO EPA Method1664 SGT'-HEM Total Sus ended Solids m L semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usage 1 gallons/month 1 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 revoked 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. Part II Page 10 of 12 Permit No. NCS000008 , 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 guage 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 11 Section B. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Dischair e,Character;istics Units Benchmark Non -Polar Oil & Grease by EPA Method1664 (SGT' HEM) mg/L 15 Total Suspended Solids mg/L 100 Part H Page 11 of 12 Permit No. NCS000008 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule; Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time: 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 II, 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 $37,500 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,S00 to $2S,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. . Part III Page 1 of 9 Permit No. NCS000008 , 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 1 violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500 [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. S. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rigs The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)]. Part III Page 2 of 9 Permit No. NCS000008 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. 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 122.41]. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122,41]. 11. Onshore 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 Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date'of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et seq. Part 1 1 1 Page 3 of 9 Permit No. NCS000008 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(l)(3), 122.61] or state statute. The Permittee Is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Siena; tory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of "one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to thePanager 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 122.221. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22). Part ill Page 4 of 9 Permit No. NCS000008 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: "I certify, underpenalty of law, that this documentand all attachments were prepared under my direction orsupervision 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 thesystem, or those persons directly responsible forgathering the information, the information submitted is, to the bestof my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties forsubmitting false information, including the possibility offines and imprisonmentfor knowing violations." e. Electronic Reports. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person as described in paragraph b. A person, and not a position, must be delegated signatory authority for eDMR or other electronic reporting purposes. The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina's Electronic Discharge Monitoring Report (eDMR) internet application for that purpose. For eDMR submissions, the person signing and submitting the eDMR must obtain an eDMR user account and login credentials to access the eDMR system. 4. Permit Modification. Revocation and Reissuance. or Termipation The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. S. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(01. 6. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 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)]. Part III Page 5 of 9 Permit No. NCS000008 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under, Part Ill, 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(j)]. 2. 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. Part ill Page 6 of 9 Permit No. NCS000008 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 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) and eDMR or other electronic DMR report submissions, 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 122.411. 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 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 [http llportal.ncdenr.orglweb/lr/nodes-stormwater). 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. Part I I I Page 7 of 9 Permit No. NCS000008 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 0213.0506. 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. 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 The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit The permittee may be required to use North Carolina's eDMR internet application for that purpose. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the address above. 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 143-215.66 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 5. Planned Chan= The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)], Part III Page 8 of 9 Permit No. NCS000008 7. S,,,pil' 1s The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. 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. 9. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122,41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11, Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Part I I I Page 9 of 9 v NCS000008 PART IV DEFINITIONS 1. Apt 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 your 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 AMR. 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 (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: httpij/cfpub.epa.goy/nodes/stormwater/menuofbmi2s/index.cfm. 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, intermediate products, manufactured products, waste materials, or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. 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. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural Resources. Part IV Page 1 of 4 Permit No. NCS0000013 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 11. EML The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. 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 (MS41 A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if 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 specifi6ally limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No. NCS000008 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: b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title 111 of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; c. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and d. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe Propedypamage 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. Sigpjjiicant 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 DischargeOutfall CSDO) 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. Part 1V Page 3 of 4 Pages Permit No. NCS000008 30. Stormwater Associated with lndU5trial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to,be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. Total Maximum Daily Load (TTM_DLl 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 httn://n_ar__W.ncdenr.org%webliq/ps/mtu/tmdl. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. 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. 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. Part IV Page 4 of 4 Pages Cooke COMMUNICATIONS NORTH C Advance I e RockLLCy Q DD The Dairy Reflector -The Dairy Advance -The Rocky Mount Telegram 0 Bertie Ledger - Chowan Herald - Duplin Times - Famwille Enterprise - Perquimans Weekly - Standard Laconic + Tarboro Weekly - Times Leader- Williamston Enterprise Check # I } 11 NC DENR/DWQ/PT. SOURCE BRANCH DINA SPRINKLE 1617 MAIL SERVICE CENTER RALEIGH NC 27699-1617 Account: 100553 Ticket: 12570 Pflax 7 Greenville NCC 27835 Date Pal AIR Rep Copy Line: Discharge Permit Lines: 36 Total Price: $124.00 PUBLISHER'S AFFIDAVIT NORTH CAROLINA NC DIV. OF ENERGY, MINERAL, AND Pasqu tank County LAND S' INTENT TO ISSUE A STDRMWATREDIS DISCHARGE PERMIT Public comment or obJ'ection to the affirms that she is clerk of The Daily draft comments o invited. Submit dress ten comments to DEMLR at the address Advance, a newspaper published daily at Elizabeth City, North Carolina, and that below. All comments received prior to the advertisement, a true copy of which is hereto attached, entitled Discharge November 28, 2014 will be considered in the final determination regarding Permit was published in said The Daily Advance on the following dates: permit w odrProd provisions. ppi cation cFort essspermit P.O. Drawer 4991, Martinsville, VA Wednesday, October 29, 2014 24115 has applied for an NPDES permit to discharge stormwater from an indus- trial facility at 899 Foreman Bundy Rd, Elizabeth City, NC 27906, Pasquotank and that the said newspaper in which such notice, paper, document or legal p p 9 County. The facility discharges to the Little River within the Pasquotank Riv- advertisement was published, was at the time of each and every publication, a er Basin. newspaper meeting all of the requirements and qualifications of Chapter 1, Sec- 5lie Ven t loro fitting Contact: JulieVentaloro tion 597 of the General Statutes of North Carolina and was a qualified newspaper (919) 807.6370 within the meaning of Chapter 1, Section 597 of the General Statutes of North julle.ventaloroOncdenr.gov Carolina. A copy of the draft permit NCS000008 is available at: httpJlportal.ncdenr.org/ web/Irlpublic-notices. Additional per- mit documents are available for the re- production cost at: DEMLR Stormwater Affirmed an ubscribed before me this 29th ay of October 2014 Permitting Program 512 N. Salisbury Street (location, zip 27604) 1612 Mail Service Center (mail) (Notary Public Signature) Raleigh, NC 27699-1612 10129 �t c..i►G ``��►►►u►tuttttfrrlrgji�ii p (Notary Public Printed Name) `� My commission expires 1 �1 e— z �v NOTARY t. PUBLIC R * 0 NCS000008 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES TO DISCHARGE STORMWATER UNDER THE In compliance with the provisions of North Caroli a G,$ e I tatufe 143-215.1, other lawful standards and regulations promulgated an Hopted y the North Carolina Environmental Management Commission, and thq de er�aI Water Pollution Control Act, as amended, ducts is hereby authorized d'isch rig stormwater from a facility located at Foxh ess Wood Products Foreman Bundy Road Elizabeth City, NC Pasquotank County to receiving waters designated as UT to Little River, a class C;Sw stream in the Pasquotank River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, II1, and IV hereof. Nate 'Drafi;' PermrtyDates areApproxrm'ato This permit shall become effective Janiiary-1,2015. This permit and the authorization to discharge shall expire at midnight on :December .31, ,20A. Signed this day December 152014. for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NCS000008 n PART I Section A: Section 13: Section C: PART II Section A: Section 13: Section C: Section D: TABLE OF CONTENTS INTRODUCTION Individual Permit Coverage Permitted Activities Location Map MONITORING, CONTROLS, AND LIMIT DISCHARGES Stormwater Pollution Prevention Analytical Monitoring Requir m Qualitative Monitoring qui me R PERMITTED On -Site Vehic 'nt ante Monitoring Requirements PART III STANDARD CWhLoiability 1~OR NPDES STORMWATER INDIVIDUAL PERMITS i Section A: Compliant 1. CompIiance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability $. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply Permit No. NCS000008 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 G. trols 1. Proper Operation and Mai ena 2. Need to Halt or Reduce N l,efens 3. Bypassing of Stormwater on .rol Facilities Section D: Monitoring and Records 1. Representative S pli g 2. Recor .ti Resin 3. Flow s remments, 4. Test PP ced res 5. Rep�esentat'Ge 0 tfall 6. Re •ords Rc�fention 7. Insp ction and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills S. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS M Permit No. NCS000008+ 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 rerator wishing to obtain a No Exposure Exclusion must submit a No Exposure Ce 'fi s, Notice of Intent (N01) form to the Division; must receive approval by the Divisio ; mu aintai,tfno exposure conditions unless authorized to discharge under a valid NPD orm r permit; and must recertify the No Exposure Exclusion annually.:^ SECTION B: PERMITTED ACTIVITIES Until this permit expires or is dz ke$.c �r rw:g& d, the permittee is authorized to discharge stormwater to the surface was offhaCarolina or separate storm sewer system that has been adequately treated a��'anan accordance with the terms and conditions of this permit. All stormwater di char ephall be in accordance with the conditions of this permit. All l Any other point source disbha'ree to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part i Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS00001 +.r 1 1 • •%% • f f ,. i • G7, era r•".:. ,i `1. Fortress Wood Products' � .. r� � 17 � i_.,r• . r�r r 'rjf! is ! !/ u i� • Y OlriAli„y F is � ii�� � ��� • � . ups. *•'� �TIa1�ii �,����"rf' f j ;,ram, Y 1= NCS000008 N w E S Map Scale 1.24, 000 Fortress Wood Products Fortress Wood Products Latitude: 360 16' 09" N Longitude: 760 19' 11" W County: Pasquotank Receiving Stream: UT to Little River Index No: 30-5-(1) Stream Class: C; Sw Sub -basin: 03-01-52 (Pasquotank River Basin) Part I Page 2 of 2 Facility Location Permit No. NCS000008 PART lI 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 d7%ot^ion of the physical facility and the potential pollutant sources that may be predrtcon)ribute to contamination of stormwater discharges. The rte}ew shall contain the following: (a) A general location map (USGS quad ranglecfnY";ar appropriately drafted equivalent ma g facility's p'r� ansportation routes and surface p), showing the facili s location in .�Iat n t '"�i� waters; the name of the receiving w rs o the stormwater outfalls discharge, or if the discharge is to , u cip l separate storm sewer system, the name of the municipality and ttO e Iti tee leceiving waters; and accurate latitude itude of the and lon g p Oof water discharge associated with industrial activity. The general loca on,m (9 alternatively the site map) shall identify whether any receiving 1 tr''¢` .are fmpaired (on the state's 303(d) list of impaired waters) or if the site, locate li�n a watershed for which a TMDL has been established, and w at the p rameters of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part II Page 1 of 12 Permit No. NCS000008 (e) Certification that the stormwater outfalls have been evaluated for the presence of -non-stormwater discharges. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and e onlo?nic feasibility of changing the methods of operations and/or storage pr ti o eliminate or reduce exposure of materials and processes to rainfall and r n-o b s:, W grever practical, the permittee shall prevent exposure of all sto ''gee areas' aerial handling operations, and manufacturing or fueling operations. It,�� M where elimination of exposure is not practical, °"b' ity g this review shall documen ,the fear of diverting the stormwater run-on away from areas of potential c. ntai, atibn. (b) Secondary Containment Requi .em 'ts d Records. Secondary containment is required for: 1 t ` Owls; storage in any amount of Section 313 of Title III of the Super uPrA ,Ame dments and Reauthorization Act (SARA) water priori chemicals: ande any amount of hazardous substances. in order to prevent leaks and spi Wirtaminating stormwater runoff. A table or summary of all such tanks and �'stored;aterials and their associated secondary containment areas shall. be main a ned. f the secondary containment devices are connected to stormwater convey ncesystems, 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. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a Part 11 Page 2 of 12 Permit No, NCS000008 written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be suffi Fief. f4o completely address the stormwater aspects of the SPRP. The common e), th>of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good maintenance and good housekeeping p The program shall address all stormwa discharge outfalls, all on -site and adjaci activity areas (including material sto aj process areas, loading and : 4tloa in Hai structures, and existing str tuhal B trc. a 'W inspections, maintenance, a))d_tLoseke ruse w ping Program. A preventative 7r .rr 'sha be developed and implemented. .co rohsrstems (if applicable), stormwater �, s rfa �e waters and wetlands, industrial &aslmaterial handling areas, disposal areas, strand haul roads), all drainage features and The program shall establish schedules of ing activities of stormwater control systems, as well as facility equipmg t, faci i ;areas, and facility systems that present a potential for stormwater exposur for stor water pollution where not already addressed under another element of the SPPT,.1 spection of material handling areas and regular cleaning schedules of th'se-'areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. 5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half Quly 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 personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. Part 11 Page 3 of 12 Permit No. NCS000008 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 of significant spills or leaks of poil`utants for the previous three (3) years, or the notation that no spill ihasfe,""bccurred (element of the Site Overview); (b) a written re -certification that the sto ater oU ..... s have been evaluated for the presence of non-stormwater disc ss element of the Site Overview); �, (c) a documented're-evaluation of th ectitetaess of the on -site stormwater BMPs (BMP Summary element (d) a review and comparison of sar applicable) over the pastOu r, status. The perr�tee hasl Monitoring Report I M'farr Program's website! �Seg `Mo`ii 1 F 7an Stormwater Management Strategy). yt cal data to benchmark values (if clu ing a discussion about Tiered Response )te Division's Annual Summary Data available from the Stormwater Permitting •inl; Forms' here: The Director may notithae�permittee when the SPPP does not meet one or more of the minimum requirementsWof 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 III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part 11 Page 4 of 12 Permit No. NCS000008 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 tach 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 Requireme IDI.Ai'schar a Measurement 'Sam le Sam ip Characteristics Units,, . Fr uen T e Location3 Biochemical Oxygen Demand (BOP m L . Wa MEannual Grab SDO Chemical Oxygen,Demand COD m Le i-annual Grab SDO Ammonia, total as Nitrogen (Non- semi-annual . Grab SDO Trout F, g Copper, total recoverable m , L semi-annual Grab SDO Total Suspended Solids TSS /' .a. 1 'm L semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfalls 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 be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. Part II Page 5 of 12 Permit No. NCS000008 The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required. outside of the facility's normal operating hours. A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted under a "Tier Two" response. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part III, Section E). However, for purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Table 2. Monitoring Schedule Monitorin perilodi„? Sa"mpleNu"mlier `' }' : Scarf , End' Year 1- Period 1 1 Jan lry 11 2 5 June 30, 2015 Year 1- Period 2 2 J ly 0 FIE December 31, 2015 Year 2 - Period 1 3 j a nt,aRy,1, 2 0 Pr June 30, 2016 Year 2 - Period 2 4 jvly 0 6 December 31, 2016 Year 3 - Period 1 5 J nu , 2017 June 30, 2017 Year 3 - Period 2 6 Ju y 1, 2017 December 31, 2017 Year 4 - Period 1 7 AjWlary 1, 2018 June 30, 2018 Year 4 - Period 2 4& 4K qwjuly 1, 2018 December 31; 2018 Footnotes: '11* 1 Maintain semi-annual mo ' bring u til ither another permit is issued for this facility or until this permit is revoked or res nded. Th permittee must submit an application for renewal of coverage before the submittal deEdIl'ine [18 days before expiration} to be considered for renewed coverage under the permit Theltt a 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. 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. Part II Page 6 of 12 Permit No. NCS000006 . Table 3. Benchmark Values for Analvtical Monitorine Discha`_ a Characteristics `: Units 'Benchmark Biochemical Oxygen Demand (BOD) mg/L 30 Chemical Oxygen Demand (COD) mg/L 120 Ammonia, total as Nitrogen (Non- mg/L 7.2 Copper, total recoverable mg/L pA10, Total Suspended Solids (TSS) mg/L 100 pH standard 6-9 The benchmark values in Table 3 are not implementation of the permittee's SPPP. An exce is not a permit violation; however, failure to res+ permit is a violation of permit conditions. , e 5%, ll e used as guidelines for o�rmwater benchmark value the excdedance as outlined in this �E If: The first valid sampling results re abov Benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater '`anagemir t 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. 5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response. Part 11 Page 7 of 12 Permit No, NCS000008 Wy 4 4 I iN ^ 6�7 ,� �.. t `�i yet kr h 1 ",3 " ?d fy t }ptw.4dl,y,4 ur_�tf an,,.TierT_W,oJC.41.t,..k.4s> If: The first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific dischar a 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 be 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 E gintr as provided below in Tier Three. The Regional Engineer may direct the response acti non he part of the permittee as provided in Tier Three, including reduced or additional sam ing�P. ers rfrequency. 5. Maintain a record of the Tier Two response in t e SP 6. Continue Tier Two response obligations through the permit renewal process. 93r�q PJ r r,iT11 i 7 r If: The valid sampling results required For "e p mi monitoring periods exceed the benchmark value, or are outside the benchmar rang,e �1 an s cific parameter at any specific outfall on four occasions, the permittee shall no � , the D MLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results; Then: The Division may but is notiimt d to: • require that the permit revise increase, or decrease the monitoring and reporting frequency for some or all of the parameters he ein; • require sampling of a %it!1on lfr substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations through the permit renewal process. SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually as specified in Table 4, and during required analytical monitoring events (unless the permittee Part II Page 8 of 12 Permit No. NCS000008 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 4. Qualitative Monitoring Requirements Vikh'irge Uif, c`terist><cs' i fi3 ,�Frequency1 ao Mocltin g �.` Color sen0ean _ pal SDO Odor s(Rhi.-d'An`nu!% Of SDO Clarity s % nual SDO FloatingSolids rw aniaual SDO Suspended Solids a i=annual SDO Foam i-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfa_ll semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: w't�1 1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative 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. Part 11 Page 9 of 12 Permit No. NCS000008 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 SECTION D: ON -SITE VEHICLE MAINTENANCE Facilities that have any vehicle maintenance for a No Exposure Exclusion. RING REQUIREMENTS on -site which uses more than 55 gallons of new motor oil per m thh*he� averaged over the calendar year shall perform analytical monitoring ass ecifi d b ow in Table 5. All analytical monitoring shall be performeduri a eaWeable storm event at all stormwater discharge outfalls (SDOs) thatT--harg stormwater runoff from vehicle maintenance areas, and in accordance with the sch ule resented in Table 2 (Section B). _ Table 5. Analytical Mnitorin Requirements for On -Site Vehicle Maintenance D>IscliargeCliairacter><5ti"AMcs`��', ' E,E�Units'' Me'asure�meiitSample, Sample �E.uenc�i. F:;"„{Location3 ,.,.Fr"e s.T, a Nori-Polar 0�1 &Grease by� mg/L semi-annual Grab SDO PA Method1664 SGT-.HEM Total Suspended Solids m L semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain gauge New Motor Oil Usage gallons/month 1 semi-annual I Estimate 1 - Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of the permit prompt monthly sampling), until either another permit is issued for this facility or until this permit is revoked or rescinded. See 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. Part 11 Page 10 of 12 Permit No. NCS000008 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 guage may be substituted for an on -site reading. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part II Section B. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Pr 'ChAs (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Mains trance'Analytical Monitoring rr ,., x,,: Discharge, Characteristics _,F . , �7 itS .: ,,, °,,Un>< n B hm k' Non -Polar Oil & Grease byIf (/M /L 15 EPA Methodl664 (SGT-HEM) Total Suspended Solids mg/L 100 Part II Page 11 of 12 Permit No. NCS000008 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 [I, 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: it Stormwater Pollution Prevention Plan shall be developed and implemented prior to the be nninR f di charVgfrom the operation of the industrial activity and be updated thereafter on an nnu Iasi . Se ondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit s Il b accomp shed prior to the beginning of stormwater discharges from the operation of the iniiu rfactivity. Existing facilities previously permitted limitations, and controls contained in this shall become effective immediately upon Pollution Prevention Plan for his per ih r months of the effective dat ofthis rm� containment, as specified in Pa I , P beginning of stormwater dis rg s rom Irp —Ihg fdf renewal: All requirements, conditions, mi ex p new SPPP elements in this permit renewal) r ce o his permit. New elements of the Stormwater wah all be developed and implemented within 6 I updated thereafter on an annual basis. Secondary � 2(b) of this permit shall be accomplished prior to the operation of the industrial activity. 2. Duty to Comply The permittee must co pl wit 11conditions of this permit. Any permit noncompliance constitutes a violation of the Clean -ter Act (CWA) and is grounds for enforcement action; for permit termination, revocation and relssuance, 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 122.411. 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 $37,500 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)]. PartI I I Page 1 of 9 Permit No. NCS000008 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] f the CWA, shall, upon conviction of violating the imminent danger provision, be sub�ject ne of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsdquenton ctions�[40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more thari $2 ,000 perviolation may be assessed against any person who violates or fails to act in accor . `"c fie,v Ith the terms, conditions, or requirements . ..� q of a permit [North Carolina General Statutes§-143-21,5bP�]. g. Any person may be assessed an admi 301, 302, 306, 307, 308, 318 ar 405 implementing any of such sectionk� Administrative penalti f %�Cla s%l maximum amount of an las's I p a violations are not to exceed'$16.000 with the maximum and'40 CFR 122.41 h ate e-' by the Administrator for violating section I ts Ra or limitation of this Act.e not to exceed $16,000 per violation, with the assessed not to exceed $37,500. Penalties for Class II day for each day during which the violation continues, 11 penalty not to exceed $177,500 [33 USC 1319(g)(2) 3. Duty to Mitigate The permittee shall take ll-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 111, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. S. Oil and -Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. ProFeEty Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)]. Part III Page 2 of 9 Permit No. NCS000008 Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 1508-23]. 8. Day to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 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 $ComorethVanyears, pf� Violation, or by imprisonment for not more than two years per violation, or by both. If a i ofis for a violation committed after a first conviction of such person under this pah, pu is a fine of not more than $20,000 per day of violation, or by imprisonment o or both [40 CFR 122.41]. 10. Penalties for Falsification of Reports The Clean Water Act provides that any perso n wi ly makes any false statement, representation, or certification in any recor or o er d cument submitted or required to be maintained under this permit, including unit. ing vports or reports of compliance or noncompliance shall, upon co victio a pu she y a fine of not more than $10,000 per violation, or by imprisonment for not lone th> n o y a per violation, or by both [40 CFR 122.41]. 11. This permit does not autho ze or a r ve the construction of any onshore or offshore physical structures or facilities or e underRf ng of any work in any navigable waters. 12. Day to ReapplyO If the permittee wishes to -continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS 1. Permit Expiration The permittee is not authorized to discharge after the expiration date, In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et seq. Part III Page 3 of 9 Permit No. NCS000008 2. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. dory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. F,p�ewthe purpose of this Section, a responsible corporate officer means: [a} a pr rd tretary, treasurer or vice president jY,',, f. of the corporation in charge of a principal b dines . �fon, We ny other person who performs similar policy or decision making fun �' 1. - soration, or (b) the manager of one or more manufacturing, production, o eratingya°ci itis, provided, the manager is Via:, :. authorized to make management decisions, h h gI ern the operation of the regulated facility including having the explicit or implicit d f making major capital investment hf! ? recommendations, and initiating and. rre ng q, er comprehensive measures to assure long term environmental compliant wi�tit�e unmental laws and regulations; the manager can ensure that the necessary sy m re e bhshed or actions taken to gather complete and accurate information for rmit ppl' lion requirements; and where authority to sign documents has be r(aSsign droM I `gated to the manager in accordance with corporate procedures. 2 For partnership o riei�hi b a general partner or the proprietor, {) P -P� P� Y g P P P respectively; or (3) For a municipal' f eral, or other public agency: by either a principal executive officer or rankiAg'electg dfficial [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 122.221. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221. Part Ill Page 4 of 9 Permit No. NCS000008 I! d. Certification. Any person signing a document under paragraphs a. orb. 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 orsupervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of f nes and imprisonment for knowing violations." e. Electronic Reports. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person as described in paragraph b. A person, and not a position, must be delegated signatory authority for eDMR or other electronic reporting purposes. The Permit Issuing Authority may require the I electronically during the term of this permit T Carolina's Electronic Discharge Monitoring Rex For eDMR submissions, the person signing and account and login credentials to access the eDN The issuance of this permit does not modifying the permit, revoking and: laws, rules, and regulations c ntaine Title 15A of the North Carol `a..'Adm General Statute 143-215.1 et airy reporting monitoring data beAequired to use North L t application for that purpose. MR must obtain an eDMR user if;Issuing Authority from reopening and it, or terminating the permit as allowed by the le of Federal Regulations, Parts 122 and 123; Subchapter 2H .0100; and North Carolina Permit Actio The permit may be modi ed, revo d and reissued, or terminated for cause. The notification of planned changes c ant crated n ncompliance does not stay any permit condition [40 CFR (o)• 1Q,� V1 b. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the.conditions of this permit Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122.41(e)). 2. 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)]. Part III Page 5 of 9 Permit No. NCS000008 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under, Part 11I, 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 req and nature of the permitted discharge. Analyticabs storm event. Samples shall be taken on a day d samples shall be taken before the dischargq oms, water, or substance. Monitoring points adspe ec notification to and approval o the Per m rr, Iss i".g-A !rein, shall be characteristic of the volume be performed during a measureable his characteristic of the discharge. All :ed by any other waste stream, body of permit shall not be changed without 1 [40 CFR 122.410)]. Recording Results ;\ For each measurement or camp e`�'talten pursuant to the requirements of this permit, the permittee shall record the following i//n)time r[40,CFR 122.411: a. The date, exact plac , sandsmpling or measurements; b. The individuals) ho�ped the sampling or measurements; c. The date(s) analyses ere performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. FlgW 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. Part III Page 6 of 9 Permit No. NCS000008 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 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 mo itgo g instrumentation, o copies of all reports required by this permit, i clu i ischarge Monitoring Reports (DMRs) and eDMR or other electronic DMR report 17mis ns, ,,,,�� o copies of all data used to complete the appl[catio or �isJ erfiiit These records or copies shall be maintained for a pgjR ;oF41 t least 5 years from the date of the sample, measurement, report or application. Thisiperio 'be extended by request of the Director at any time [40 CFR 122.41]. 7. Inaction and Ent[y The permittee shall allow the�irector, fan utho .zed representative (including an authorized contractor acting as a reprp# entativ of the D rector), or in the case of a facility which discharges through a municipal separate'&,tarev�er ystem, an authorized representative of a municipal operator or the separate sto,r� wejystim receiving the discharge, upon the presentation of credentials and other docutftents ,_. be required bylaw, to: a. Enter upon the permiftee's pre6 ises where a regulated facility or activity is located or conducted, or where records m u'st�be Pt under the conditions of this permit; b. Have access to and copy, -at- .. reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (http;/112ort.al.ncdenr.org/weblirli2pdes-sLQEmwa=). 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. Part III Page 7 of 9 Permit No. NCS000008 When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR. 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 X� Two signed copies of Discharge Monitoring Reports k Rs ��a hbe pittedsu�to: Central File Division of Water 6 r. 1617 Mail Se ce."Cent�' Raleigh, North Cg0i99f`2617 The Permit Issuing Authority may requ electronically during the term of this E eDMR internet application thatp'fl compliant with EPA's Cross dia•Ele required to submit all dischargB:pniti M' . required to complete the e 9 MR su6rMi s original and a copy of t�compuol� j therm tee to begin reporting monitoring data init23iermittee may be required to use North Carolina's se.l such time that the state's eDMR application is roni Reporting Regulation (CROMI'sRR), permittees will be N.,1.. .Ing data to the state electronically using eDMR and will be ion by printing, signing, and submitting one signed rinted eDMR to the address above. 3. Availability of Reports Except for data determined -to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6E or in Section 309 of the Federal Act 4. Non-Stormwater Discharees If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. S. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. Part Ill Page 8 of 9 Permit No. NCS000008 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. B. gym Notice [40 CFR 122.41(m)(3)1: 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. , 1 9. Twenty-four Hour Reporting a. The permittee shall report to the central office noncompliance which may endanger health or provided orally within 24 hours from the time A written submission shall also be provided i aware ofthe circumstances. The written submission shall period of noncompliance, inc been corrected, thenticipa � aov, planned to reduce, e i inate, 122.41(l)(6)]. riate'fegional office any enKny information shall be became aware of the circumstances, the time the permittee becomes option of the noncompliance, and its causes; the fates and times, and if the noncompliance has not liance is expected to continue; and steps taken or reoccurrence of the noncompliance [40 CFR b. The Director may wafve thew 'ff6n report on a case -by -case basis for reports under this section if the oral report h Neen receved within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Part 111 Page 9 of 9 NCS000008 PART IV DEFINITIONS Asp 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 your SPPP records. Adverse wea then does not exempt the permittee from having to file a monitoring report in accordance ithe,ampling schedule. Adverse events and failures to monitor must also be explained and . orte@9n`ththe rel vant DMR. f J"�. This permit regulates stormwater discharges. Ho on-stormwater discharges which shall be allowed in the stormwater conveyance system i dude: a. All other discharges that are authorized 'a on- o "water NPDES permit b. Uncontaminated groundwater, founda on ain ' -conditioner condensate without added chemicals, springs, discharges of u nta ►nat potable water, waterline and fire hydrant flushings, water from footing drat , flo sifr riparian habitats and wetlands. c. Discharges resulting f ii�fire h ng o -ire-fighting training, or emergency shower or eye wash as a result of use iris he eve o n emergency. 4. Best Manaae Measures or practices d to redu�e the amount of pollution entering surface waters. BMPs may take the form of a pro c „ss� activi or physical structure. More information on BMPs can be found at: 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, intermediate products, manufactured products, waste materials, or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverace The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et seq. 9. The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural Resources. Part IV Page 1 of 4 Permit No. NCS000008 10. Director The Director of the Division of.Energy, Mineral, and Land Resources, the permit issuing authority. 11. F.N1� The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous ubstance 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 plaod in or on land and which is not a land treatment facility, a surface impoundment, an injection w , a hazardous waste long-term storage facility or a surface storage facility. If 15. Measureable Storm Event A storm event that results in an actual discharge measurable storm event must have been at least apply if the permittee is able to document that.4 events during the sampling period, and ob fins a copies of this information and a written uests Office. After authorization by the DE Re or site in the permittee's SPPP 16. A stormwater collection town. t ey rmitted site outfall. The previous cur ri r. The 72-hour storm interval may not inin rval is representative for local storm 7Ilfrom the local DEMLR Regional Office. Two shall be sent to the local DEMLR Regional ice, a written approval letter must be kept on incorporated area of local self-government such as a city or 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. - Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit 19. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permitteg 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. Part IV Page 2 of 4 Pages Permit No. NCSOOOOOB 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: b. 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; � c. Is present at or above threshold levels at a facility ubj ('Y!ytb'SARA title III, Section 313 reporting requirements; and d. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 12 are.;: able II [ f> anic priority pollutants), Table III (certain metals, cyanides, and phenol�.or?Ta 1 IV (certain toxic pollutants and hazardous substances); ii. Is listed as a hazardous substa;pp?ru1§I rs 'ntto s' ion 311(b) (2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA h Zhedaicute or chronic water quality criteria. ,U 25. Severe Proper Damage Substantial physical damage fop, amage to the control facilities which causes them to become inoperable, or substa and, er anent loss of natural resources which can reasonably be � expected to occur in the aVence of"? "'Pass. Severe property damage does not mean economic loss caused by delays in pro446tion. 1 26. Significant Materials Includes, but is not limite � : 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 Part IV Page 3 of 4 Pages Permit No. NCSOOOOOB 30., Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant A list of approved TMDLs for the state of North Carolina can be found at htto: //nortal,ncdenr.ore/web /wa lips/mtu/tmdl. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a) 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painti g, fuelin lubrication, vehicle cleaning operations, or airport deicing operations. 35. yisibie 5edinaeentation Solid particulate matter, both inera a d or anic, at has been or is being transported by water, air, gravity, or ice from its site F ari in which can be seen with the unaided eye. 36. The maximum 24-hour pry pitatio event expected to be equaled or exceeded, on the average, once in 25 years. Part IV Page 4 of 4 Pages + :s e n rr vj Mr, Brian Lowther 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Mr. Lowther: Foss WOOD PRODUCTS PRESSURE TREATED LUMBER November 19, 2012 D Subject: NPDES Stormwater Permit Coverage Renewal Fortress Wood Products Permit Number NCS000008 Pasquotank County Enclosed you will find our permit renewal that was sent in October. I gathered all of the information requested. When I got to the Renewal Application Form and Certification form enclosed from your office, I noticed it was not my renewal forms. All of the correspondences enclosed except for these two were addressed to me and we are up for renewal. I called the phoned number on the business letter and spoke with a gentleman named Ken who I found to be very helpful in resolving the matter. Due to my time constraints of our deadline of December 2, 2012, he advised me to mark out all information on these two forms that did not pertain to me and fill in my information which I have done and enclosed. Also, since the Discharge Information on the Renewal Application Form was not mine, he advised me of what our expiring permit said and I entered that information on the renewal. In our conversation, I informed him that the website on the Impaired Waters/TMDL portion of the Renewal Application Form was a dead link He said to leave that area blank and your office would handle that portion. Please let me know if you have any questions regarding this renewal. Thank you, iaarc Scott E. Fulcher Operations Manager 276.656.3248 SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. F� 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. 16 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) ST JRMIIIIA Eft LLlJ1'I(]N ?REI/ENT10', PLAN @` 9 s3 - ;. �DE�IEL1PMFN' �1►ND IMP EMENT�AT,IN . v ,e - CERTIFfCATI�Ns .. North Carolina Division of Water Quality - Stormwater Permitting Unit Facility Name: ;*r+r• 5S W00A PNAU&T Permit Number: moots*— C S 00000 S Location Address: -Nryp 15a- 8'" tuft MMMer-F5, All, NE Rq95F Qctrdl� d 0Z10&t44,% C Z*y,NC t"I406 County: Bertre. Pas��,o#o�lc " I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." And " 1 certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign (according to permit signatory requirements) and returnahi-s Certification. DO NOT SEND STORMWATER POLLUTION. PREVENTION`PLAN WITH THIS CERTIFICATION. : Signature S co E4 U . IkAI &wer Print or type name of person signing above Date I(111 m oerv*o., Motnaacr Title SPPP Certification 5/09 Permit Coverage Permit Number ofW^*Fq Renewal Application Form NGSeeel National Pollutant Discharge Elimination System NC S00000B Stormwater Discharge Permit The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information *Reissued Permit will be mailed to the owner address Owner / Organization Name: - Avoca la Forirta Owner Contact: Mr DRIy0d M-Reow Mr. Scoi4 PLAAC) CC Mailing Address:-FS-ReT+z49. M/�.r1r'Insy; llc �( A %4tIS Phone Number: - ('L'11a1 *S(a - 37.4 B Fax Number: E-mail address: FacifitylPermat Contact Information Facility Name: Fortrssi VVaoA PC0dAVH Facility Physical Address: NGSR +5582 841 FonMm GvvN ty LA , �lizwbelrin Lii}v jA 2l10I. Facility Contact: inscige%K Mailing Address: D @ 11 '1 L5 Phone Number: DO tSZ 16--L Fax Number:'�� E-mail address: .. DENR --WATER duALITY Discharize Information Receiving Stream G We Vye/ Stream Class: C,•, SW I Basin: l'a No nti L. Var $asln Sub-Basin:-•E}34i7W of - o 1- S1 Number of Outfalls: Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? © Yes ❑ No ❑ Don't Know for information on these waters refer to http://h2o.enr.state.nc.uslsu/Impaired Waters TMDL/ ) This afreetrs -n 6c a A.&0( UAL , Per {Lrn on IWA(111 CERTIFICATION Yom w1t1 C"%k ' ^ -tiACc 5e c1A6t` , certify that 1 am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Date Itla IM SLOW & • P"w, rr 0V""en s N�M►,!Jtr- Print or type name of person signing above Title Stormwater Permitting Unit Please return this completed renewal application form to: Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2.3 Sile Mali A site map locating operations is presented on pages 52 and 53. 'Phis map shows the locations oI'industrial activity, drainage structures, drainage areas associated with each storinwater outfali, activities occurring in and around drainage areas, building locations, existing BMPs, impervious surfaces, anti the percentage of each impervious drainage area There are four stoml water outfalls as described below. Area Receiving; Outfall Outfall Description & Drained Industrial Activity in Water Number Location (Acres) Drainage Area Body I Southeast of Acecss Road 5 Treated Lumber Storage Little River J Treated Lumber Storage and 2 Southeast of Access Road 5 Treatment Building Little River Southeast of Wood Storage Treated Lumber Storage and 3 Bldg. 6 Kiln Drying Operations Little River _ Southeast of Wood Storage Wood Storage Building and _4 Bld , _ 16 Kiln Drying Operations Little River NCSOOOOOS N Storm Water Pollution Prevention Plan Fortress Yirood Products, Inc. Elizabeth City. NC Fortress Wood Products Fortress Wood Products Latitude: 363 16' og" rE LonOtude: 7611-19' 11" W Receiving Stream: U7 to Little Rivet - Stream Cass, C; S ` Ub-basin: 03-01-52 (Pasquotank River Basin) M rom"Ofli, Facility Location Part I [gage 2 or2 50 Storm Water Pollution Prevention Plan Fortress Wood Products, Inc. Elizabah City, NC ALL, 01 4 A L0q 3 3 DOG P as qi�m2m n k JIG 2 A Su E's'a t;0, jj C Cer Mt Hermon Ch L 7— king James Ch li43 1140 JIM 17 )0 FEET 379 r 380 - 20' 381 HERFFORD U (NIXONTON1 EDV,'TON .75 xxf 5756 /it pqE 'rvey SCALE 1:24 000 5 KILOMETERS flis _�5 151 MILS 'IO-17' 2D09 30DO 4000 5000 6000 7000 8600 F MiLS FELT CONTOUR fNTERVAL 2 METERS SUPPLUIEN'rARY COYTOUR NTERVAL I METER DASHED SUPPLENEINTARY CONTOURS ARE APPRONUNIATF UIM GRID AND Z9132 MAGNETIC NORTH NATIONAL GEODETIC VERTICAL DATUM OF 1929 DECLINATION AT CENTER OF SHrET CONTROL ELEVATIONS SHOWN TO THE NEAREST 0.1 MF-TER OTHER ELEVATIONS SHOUN TO THE: NEAREST 05 METER 51 H n7• „• oa• w - r H 45' 45' 3' E 240.0Y i N ,z• 10, Dw 2U00' J � Storm Water Pollution Prevention Plan A pjrrEte i 1 Fortress Wood Products, Inc. 51 j ] } Elizabeth City, NC j y j iu DRIP PA D Ah+D TANK. Ff1PM A 0,400i) FPL,SSuRE� TfR ATlN& (CCA)) � ° I I L � ��] ] rx�o•,o•oa-� D,ru+Sd Iy ]o A�GSS ROAD r 01 �I 1-o�,rnuca.J M f ! it \r 7F LL r Oar rCjp r 00 PROPERTY EOUORY <IYP> 4�✓j4-7 6• 6 ' OUT FALL NO.-1 �o� nl•�GN cr-I �c� LEGCkI5 ..SITE DP1!NP\GE MAP- SOUTH ATLANTIC .WOOD PRESERVING PLAN`F 52 n,' � 7 � 3Q' 00- C R 4.D0 Storm Water Pollution Prey For Iss Wood Produ `---- - . TREATED WOOF .- STORAGI GR,iV5L SURFAGC TOOL S�tCG FUEL TANKS NOIJT��q-rEp : ��Io�G OFFICE 0UrFALL No. � El izabefhti Ci�C T�e'- � I 1 � s1 T �M' 1�`� Ear✓ )'I � � A f I t�rrcu� � I ' I / 3 I• 4 � IL :2 J yy \ /L � J i I — / / i�i r `" � �,•,. � '" � it � � ' / -- � II� r �X�r�. �,hIA�--,•��//���i � fib 11 / 1 I ✓ /'� OuT(=RLL I fw 47' u' 00 r T224r 4 " T 53 Summary of Analytical Monitoring date sampled outfall # Total Rainfall, Inches Parameter, (mg/L)-(units) BOD 5 (5 day) COD Ammonia Total Nitrogen non -trout Total Recoverabl TSS PH 10/4/2010 1 2.2 <6 53 1 3.33 0,196 8.3 6.53 10/4/2010 2 2.2 <6 80 1 3.27 0.016 22.0 6.63 10/5/2010 3 2.2 <6 51 1 2.66 0.497 17.5 7.17 10/6/2010 4 2.2 <6 69 3.44 0.122 10.0 6.96 3/30/2011 1 1.4 4.69 63 5.10 0.113 1.0 8.33 3/30/2011 2 1.4 3.72 43 4.45 0.028 7.5 6.14 3/30/2011 3 1.4 5.46 53 4.20 0.008 27.5 5.77 3/30/2011 4 1.4 4.59 39 4.30 0.117 29.5 5.71 9/26/2011 1 1.6 <2.00 71 1.91 0.180 <1.0 6.52 9/26/2011 2 1.6 5.91 77 3.81 0.029 2.5 6.80 9/26/2011 3 1.6 <2.00 53 1.71 0.139 13.7 6.61 9/26/2011 4 1.6 2.27 88 3.00 0.100 13.0 6.76 3/26/2012 1 1.25 8.70 156 2.72 0.120 27.0 6.15 3/26/2012 2 1.25 1 7.20 84 2.87 0.015 8.0 6.60 3/26/2012 3 1.25 6.15 55 2.19 0.198 19.5 6.14 3/26/2012 4 125 8.55 148 2.60 0.055 39.0 5.66 10/9/2012 1 2.5 5.07 54 <.10 0Q 121 10.0 6.30 10/9/2012 2 2.5 6.57 40 0.18 0.018 7.0 6.80 10/9/2012 3 2.5 4.33 61 <.10 0.141 29.0 6.97 10/9/2012 4 2.5 7.60 60 <.10 0.058 11.0 6.34 ./ ✓ ✓ Gu+rf4 ht '4k. A* Ci,- is b, 00 O Summary of Visual Monitoring Results Parameters Surveyed/Observations Date Outfall # total rainfall inches color tint odor clarity 1-5 (1 very clear, 5 very cloud floating solids 1-5 (1 none, 5 surface completely covered) suspended solids 1-5 (1 no solids, 5 extremely muddy) foam in discharge YIN oil sheen present YIN evidence of erosion or deposition YIN 10/4/2010 1 2.2 blue light wet dirt 2 2 2 N N N 10/4/2010 2 2.2 blue light wet dirt 2 2 2 N N N 10/4/2010 3 2.2 blue light wet dirt 3 2 2 N N Y 10/4/2010 4 2.2 light blue none none 1 2 2 N N N 3/30/2011 1 1.8 grey blue medium fresh rain 2 2 2 N N N 3/30/2011 2 1.8 blue grey medium fresh rain 2 2 2 N N N 3/30/20111 3 1.8 blue grey medium musty hay 2 2 2 N N N 3/30/2011 4 1.8 blue grey medium musty hay 2 2 2 N N N 9/26/2011 1 4.0 brown medium pond water 4 2 2 N N N 9/26/2011 2 4.0 brown medium pond water 4 2 2 N N N 9/26/2011 3 4.0 brown medium pond water 4 2 2 N N N 9/26/2011 4 4.0 brown light none 2 1 1 N N N 3/26/2012 1 1.3 brown light none 3 2 2 N N N 3/26/2012 2 1.3 brown light none 3 2 2 N N N 3/26/2012 3 1.3 brown light none 3 2 1 N N N 3/26/2012 4 1.3 brown light none 3 2 2 N N N 10/9/2012 1 2.5 brown light mowed grass 2 2 1 N N N 10/9/2012 2 2.5 brown light grass 2 2 1 N N N 10/9/2012 3 2.5 brown light mowed grass 2 1 2 N N N 10/9/2012 4 2.5 brown light mowed grass 2 2 1 N N N Best Management Practices Fortress Wood Products 899 Foreman Bundy Rd Elizabeth City, NC Fortress Wood Products utilizes the following Best Management Practices (BMPs). Good Housekeeping Areas that may contribute pollutants to storm water discharges are maintained in a clean and orderly manner. Preventative Maintenance Inspections of equipment are done on a monthly basis to ensure all systems are working properly and to identify conditions (i.e. cracks, leaks and corrosion) that could lead to breakdown or failures. Visual Inspections Visual inspections of outfalls are conducted semi-annually to confirm the BMPs for storm water pollution prevention are in place and working properly. Spill Prevention and Response Guidelines outlined above are essential to spill prevention. They ensure faulty equipment is detected before a spill occurs. Good housekeeping ensures containers are properly stored and maintained. Employees have been trained in proper materials handling and storage to prevent spills during loading and unloading. Furthermore, any spill that occurs at the facility is documented and records are kept on site. Sediment and Erosion Control Undeveloped areas around the facility (including storm water drainage areas) arc planted with native vegetation or rip rapped to prevent soil erosion. These areas are also inspected semi-annually, Management of Storm Water Runoff This is accomplished by diverting storm water to areas where natural filtration occurs and reduces the concentration and amount of pollutants in storm water discharge. Employee Training All employees are provided an employee training program annually regarding their responsibility and the goals of the SWPPP are upheld and complied with. Record Keeping and Recording Inspection, record keeping and reporting program is established to monitor pollution prevention practices, maintain storm water drainage areas, prevent spills and leaks from reaching navigable waters, identify and document needed improvements, and define responsibilities and communications in the event of a related emergency. Fueling Tanks are stored in a bcrmed area with dry absorbent material to clean up small spills. Treatment material storage Liquids and chemicals are stored and unloaded in the treatment building where leaks and spills will be contained within the architectural construction of the building. The tanker unloading area is sloped to capture any leaks and spills from the tanker. A mechanical dam/gate is in place on storm water outfall #2 as secondary containment in the event of a catastrophic spill that migrates outside of the treatment area. Outside storage of treated product Treated product is packaged and stacked in a manner to minimize storm water runoff. Treated material is placed on bolsters to avoid direct contact with the ground and storm water. Activity by products Condensate from drying operations is collected and recycled back into the treatment process. WOOD PRODUCTS PRESSURE TREATED LUMBER There haven't been any significant changes in industrial activities at our Elizabeth City facility since the last permit.