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NCS000050_Permit (Issuance)_20061121
STORMWATER-DIVISION-CODI NG-SHEET- PERMIT NO, DOC TYPE FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ D,J©b YYYYMMDD \N A ] Michael F. Easley, Governor \ 9pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director > Division of Water Quality o DATE: November 21, 2006 TO: The Herald Sun NUMBER: 919-419-6773 FROM: SARAH YOUNG, DIVISION OF WATER QUALITY SUBJECT: PUBLIC NOTICE PAGES: 1 Please publish only the information (Public Notice) below, ONE TIME In the legal section of your paper by Tuesday, October 4, 2005. Please fax a copy of the proof to me at 919-733-9612 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Sarah Young NCDENRIDWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 SCM Metal Products, Inc., 2601 Weck Drive, Research Triangle Park, NC 27709 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at SCM Metal Products, Inc., 2601 Weck Drive, Research Triangle Park, NC, Durham County. The facility discharges to waters designated as an unnamed tributary to Northeast Creek and Stirrup Iron Creek, within the Cape Fear and Neuse River Basin(s). Copies of the draft permit, No. NCS000050, are available at the following website: http://h2o.enr.state.nc.us/su/publicnotice.htm Or by contacting: Bethany Georgoulias NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-733-5083, extension 529 bethany.georgoulias@ncmail. net Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in writing to the above address no later than November 4, 2005. All comments received prior to that date will be considered in the final determination regarding permit issuance. All comments and requests should reference draft permit number NCS000050. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-8053 Customer Service 1 800 623-7748 AFFIDAVIT OF PUBLICATION State of North Carolina County of Durham Donna B. Minor being duly sworn says that she is the Principal Clerk of The Durham Herald Co., Inc., publishers of The Herald -Sun a newspaper published in 'and of -general circulation in said County, and that a notice of which the annexed is a true copy, was published in said newspaper one time on the 3rd day of October, 2005. Cer Principal Clerk III. ROEi Sworn to and subscribed before me this 20th day of October, 2005. 'B ror,,, unswinwu amu r ,n r� located s at •6 SCM t Metw r' Drive,,; ResearchyTrkuV ZZ."'The kfaclllty diecha� ."' 1 unnamed �_tributeryn nip`, Iron § Creek,` w@hln ' RlverC.'Basln(s) ::The. �Copleerpf;tholdraft ppaai y I howl websRe: htt :'rX Not P lic e�,r}}"���a«;ottce.Imn `_.r i E,OY.CI antactina: .7.., My commission expires December lb, 2005. Durham County, North Carolina Nshingg` ta,;eomment3upon� soddetaiminadon w. are;- invite n"n InSwrRing to ,the;obov ,, November-' 4„ �200&t; n $ 0 ar::to that`w date,wlnsbcorms Tnlnetlon,aardl reg, giparrnit� c:'andJreqqueets"Iuldi rel nicer-NCS0=40 ' or. NCS0001 mr.3 � L 2005 �°, jk.x, „Y i i J'IttkS tio%,,�i 0 ' N p ;• Z, / the the R cr C C C OF WAT�`,ry Michael F. Easley, Governor r State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources 0 Alan W. Klimek, P.E., Director Division of Water QU& October 27, 2006 ; Mr. Gerard Reverri SCM Metal Products, Inc. 2601 Weck Drive Research Triangle Park, North Carolina 27709 Subject: Final NPDES Stormwater Permit Permit No. NCS000050 ' SCM Metal Products, Inc. Durham County Dear Mr. Reverri: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000050 and agreements reached in September 2006, the Division of Water Quality (Division) 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 US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). This final permit contains the following minor changes from the draft permit sent to you on September 29, 2006: • The footnotes under Table 1. and Table 2. in Part II, Section B. have been revised to reflect annual monitoring. • The language in Part II, Sections B. and D. has been revised to include "or each representative ' outfall, if representative status has been granted" in the body of the text next to "each stormwater, discharge outfall." In addition, this letter verifies representative status of outfall 001 at this site. Please include this documentation with the facility's permit and SPPP records. ' This letter verifies representative outfall status of outfall 001 at this facility (originally granted in 1995). The information provided during the renewal process continued to support that this outfall represents the industrial activities occurring at this site. ' For reference, this final permit reflects following changes from the contested permit issued December- 2, 2005: " Analytical monitoring frequency in Part 11, Section B. has changed to annual. Semi-annual monitoring is still required if activities trigger Vehicle Maintenance requirements in Section D- • The benchmark value for copper has been removed, and Part II, Section E "Mandatory Best Management Practices" has been added per discussions between SCM Metal and DWQ. • Zinc and ethylene glycol monitoring have been removed based on information provided by SCM Metal in its June 9, 2006 letter to DWQ. • , Monitoring schedule dates have been revised to"reflect agreements and anticipated issuance date. North Carolina Division of Water Quality (919) 733-7015 1617 Mail Service Center FAX (919) 733-0719 Raleigh, North Carolina 27699-1617 On the Internet at http://h2o.enr.state.nc.us/ r Mr. Gerard Reverri u SCM Metal Products, Inc. Permit No. NCS000050 'October 27, 2006 Page 2 ; 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 III, 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. 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 Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions or comments concerning this permit, contact Bethany Georgoulias at (919) 733- . 5083 x 529 or bethany.georgoulias®ncmail.net. Sincerely, ORIGINAL SIGNED BY t, BRADLEY B NNP�� for Alan W. Klimek, P.E., Director cc: Raleigh Regional Office, Water Quality Section Mike Mitchell, EPA Region IV Stormwater Permitting- Unit Central Files Attachments NCS000050 STATE OF NORTH CAROLINA - DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions, of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, SCM Metal Products, Inc. is hereby authorized to discharge stormwater from a facility located at SCM Metal Products, Inc.' 2601. Weck Drive Research Triangle Park, NC Durham County to receiving waters designated as an unnamed tributary to Northeast.Creek and Stirrup Iron Creek, both class C-NSW streams, in the Cape Fear and Neuse River Basins, respectively, in accordance with the discharge Iimitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V,and VI hereof. :. . This permit shall become effective November 1, 2006. . This permit and the authorization to discharge shall expire at midnight on October 31, 2011. Signed this day October 27, 2006. ORIGINAL SIGNED BY. BRAD+ BY BENNE77 for Alan W. Klimek, P.E., Director Division of Water Quality . By the Authority of the Environmental Management Commission I Permit No. NCG¥¥0000 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage . Section B: Permitted Activities Section C: Location Map ; ! . PART II ' : MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED ! DISCHARGES Section A: Stormwater Pollution Prevention Plan ' Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements .. : PART III STANDARD CONDITIONS Section A: Compliance and Liability :. 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. ` Civil and Criminal Liability, = 5. Oil and Hazardous Substance Liability 6. ` Property Rights 7. - Severability S. Duty to Provide Information - ' 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration • 2. Transfers . Page i of 10 Permit No. NCS000050 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5... Permit Actions. Section C: Operation and Maintenance of Pollution Controls . l . .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.. Bypass 8. Twenty-four Hour Reporting 9. .. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER - PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS •r Permit No. NCS000050 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. 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 which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All 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. 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 I of 2 SECTION C: LOCATION MAP Permit No. NCS000050 r ♦ „� r 1 / �" ( x ..�f�it I �„i �i! � • '♦ •^_Isy � y,��rj/i/�� � "�,y �rt !. v.: fir!' j f7' '.1 .'' _ . i , r "y'�•` • , '�•,9' „�. L'' x ��. . \\\ '"j? � ' x C r�t '�•'S ��,{J b�. .it Qi 4� �..' 13 �, �� � ;4't �t� ���7i y �. �� �x'�• •r �'•Ak • y 4 ,s� .P . ♦.., CSC' �. iAI ;f . ''41 •PJa i ,- " ,s:°�� .� r� l .. �dr '�L.r^..+.r•'�nwi� '✓. �.""'��1.�w't° j �i i S-, $ ,t.Q� �: �.'�• .,. ��r�,. X� - rL, t' �.,, '+t i{. M� � �. gI ��ry � •' ��;, rn. ;� .: (� f '�. 1 [ "' 7 � m.f � _ �- � h r` i'� "' 7 n:�, •'�- gY�'i� ... �, .ia � P^ `.i ata. ,.v :rr»,.i �: 7.^f�,r�,x � y i w ✓`'� �,a�'f" x � �k^ w,t,Y � � � �'f xx� � �+ i�r yy � � • ? Ww {f 'o ��`= r .SCM Metal Products, Inc. w+ i ,• y � ia4.✓'�" i _. i'k Wj� ' �' � r �,.. �..� * : ' 4 tW�" jr' ��� 'r11 OR'��� wrr' s'ti,f" —3 .�itF0 i+.�, r r fir.•' J ��+..w� 13��" A;r '{re ' �: w" s Id. c3,y � r',J�p� a € .�� I ^.�.-"'t� 'R1 1-k a �iNCr. 'X�';.�t. -.7r 11.�p•'' Li• •„ � � .' tl� ;k .d � .1 s�;";:v, �. 3 ♦ �a, yy, r, he � '.-� a .l. �-' } . t •r :.. -..: s �' 3 'F . 1 r ' � .�', �#`' � r ' ! 'ti �'t r +n> '�f .yM�' e_ �V - T.,E- '. � ��6" SFyas'���r"�' y� n6'f" �,, y'. q �.yu�, � 1'♦:. f� - � ..f�1FL'���r+ " � . ,t} .C'r(���'• .: '� � �5� r �. .i, �- a�•�L� r�"i�•f y' °°�� s'4 �. ir[' .ItitA,. Cz� r � gyp,,+ . �'� ^,.�I � ��C ~&T Y". � r 3'• � � "� 'r 2R �t�, ^'. �'r� 7- ' �e�,a i J ,�e t �' �� r�.J�i. Az `�"r;v �'"� �* M�� -, a .'is' ?� �' s - � �� "t 5 �L "i. g... � .'3•�, c ��, r� a' .� r'3'--r.,rf'Y..-. � - �, r � u r s" r Ra. r� ( ''� . � �'"'4 '�s� s � 4 •n?, x= r.8 � '' � i� ixQ �[ Sr a may, � ,....,.. i ♦'a 'yy # A �.: [ �, r''+t 7 .s {lr.• � y i - x � * , `� �°� � ..... _..��"�k�l'c�'`F rt zTS�R� �a t 'V Nt+q, �7e 'l� �� P.. .i7� .1' �':Z' Y �. �" ;{ � Ikw "�i... 'R�.�" 3Nfr� `Y �$' �T . ua��p .rr i• . L �• %w I n „ � r xl � �Z . i. r x�� .�, Y�� . jr,'r �- ��f�: 4 r€ -�.�..��'�� . '�`4}_l. n� 1 1 F .,� Latitude. 35056'02" Longitude: 78°51'00" NCS000050 Facility County: Durham SCM Metal Products. Inc. Location Stream Class: C-NSW (both) Receiving Stream: UT to Northeast Creek (Cape Fear Basin) & Stirrup Iron Creek (Neuse-Basin)�t�►/ SCALE 1.14,000 Sub -basin: 03-06-05 and 03-04-02 Part I Page 2 of 2 Permit No. NCS000050 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES . SECTION A: STORMWATER POLLUTION PREVENTION PLAN. . The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as ahe Plan. This Plan shall be considered public information in accordance.with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a . .minimum, the following items: : 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges.; The site plan shall contain the following: 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 water(s) to which the stormwater outfall(s) discharges,` or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude .of the point(s) of discharge. 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. c. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas) (3) Drainage structures (4) Delineated drainage areas for each outfall : (5) Drainage area for each outfall in acres and percentage of each drainage area that is impervious, (6) Building locations (7) Existing BMPs and impervious surfaces (8).. For each outfall, a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge. d.. A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of. non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. Part 11 Page 1 of 9 Permit No. NCS000050 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: 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 stormwater. 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, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. ; b.' Secondary Containment' Schedule. • A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be , controlled by manually activated valves or other similar devices [which shall be ' secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated storm'water shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making 'the observation, the description of the. accumulated stormwater and the date and time'of the release shall be kept for a period of five years. c. BMP Summary.. A narrative description shall be provided of Best Management Practices (BMPs)-to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of ' stormwater discharges. 3. Spill Prevention and Response Plan., The Spill Prevention and Response Plan (SPRP) shall incorporate_ an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified.. A responsible person shall be on -site at all times during facility 'operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations.. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may. Part II Page 2 of 9 Permit No. NCS000050 ; 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 program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of 'these areas shall be incorporated into the program. 5... ' Employee Training.. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and . preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff.. Facility personnel (or team) responsible for implementing the training shall be identified., Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and t revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. - .7. : ._, Plan Amendment. The 'permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis: The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall " submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee. shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8.. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) ; making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this -permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall Part II Page 3 of 9 Permit No. NCS000050 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table ' All analytical monitoring shall be performed during a representative storm event.' The required monitoring will result in a minimum of five analytical samplings being conducted over the term of the.' permit at each stormwater discharge outfall (SDO) (or each representative outfall, if representative outfall status has been granted). The permittee shall complete the minimum five analytical samplings in accordance with the schedule specified below in Table 2.. Monitoring results shall be compared to the benchmark.values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). The permittee shall evaluate the sources of any. `benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Table 1. Analytical Monitoring Re uirements �SIJ'^ '.'I{�4 �1i Discharge�{ {Measurement Frequency. ;Sample4Sampleg l,x xII4x 6 T.'� Y-F.�f:�: 1� .L �r3,a_ 43 '� 4 -:=, ii h I S - �'��.iT e�haraeterlshc5 k�4:,�»>'4! !}.- 6.UnItS k.t4 Ikl x�`�?k>.�,f:r ii ..!t .,, jl�,� i�,4.1!giI4�T e2.x.i:��v�;;: `11Locahon3.L Copper, Total Recoverable mg/1 Annually Grab SDO H standard Annually Grab SDO Total Rainfall inches Annually Rainfall Event Duration minutes Annually Footnotes: 1 Measurement Frequency: All analytical monitoring will be performed once per year. See Table 2 for schedule of monitoring periods. .. . 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. Part II Page 5 of 9 1 f r A .f r11: r1 ] i �lMon�toring,perod r,# hp �I _fi.' h°- ' !7�7d fpf i,ySample Numbers; rt R } y f f6 f i4 �fE E PIW r %, .� �d�aStart ,ff,? E [ '",Yr I� - �' A � �, I��� A, End IN aK , Year I 1 November 1, 2006 October 31, 2007 Year 2 2 November 1, 2007 October 31, 2008 Year 3 3 November 1, 2008 October 31, 2009 Year 4 4 November 1, 2009 October 31, 2010 'Year 5 5 November 1, 2010 October 31, 2011 Footnotes: 1 Maintain annual monitoring during permit renewal process. ' Table 3. 'Benchmark Values for Analytical Monitorin F•`, 4 ...,.. .' ... r.,1 M�D�schar a Char"acter�stics ff'�1�1 �. •�.. 14. �� YI Units 'R4�i�; a�f �1I rG. Benchmarks r Copper, Total Recoverable " mg/l NIA PH ; . standard ' " 6 - 9 This site discharges upstream of a segment of Northeast Creek'designated as impaired waters, experiencing problems with fecal coliform, turbidity, and low dissolved oxygen; and also: upstream of theJordan Reservoir, experiencing problems with nutrients and chlorophyll a violations (indicative of excessive nutrient loads). A Total Maximum Daily Load (TMDL) for fecal coliform was approved in September 2003 for Northeast Creek, but the Permittee was not allocated a load for stormwater discharge and is not required to monitor for fecal coliform at this ' time. . If a Total Maximum Daily Load (TMDL) is approved for this segment of Northeast Creek, the Permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable If additional BMPs' are needed to achieve the fequired level of control, the Permittee will be " required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each 'stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 4: Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution... Prevention Plan ($PPP) and assessing new sources of stormwater pollution. No analytical tests. are required. Qualitative monitoring of stormwater outfalls is performed when stormwater discharge occurs but does not need to be performed during a representative storm event. Part It Page 6 of 9 - ' Permit No. NCS000050 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 Stormwater Pollution Prevention Plan. ;. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November).. , Table 4. ' Qualitative Monitoring Require ents 1 I u? Dks�harge,CharacteristlCs,j. iiFl1� �r'�ef-p 1'I� .�-- ��'k(2� 14,47_:� �(, 14 k{i� tllA(- ,ti',�t Frequency �,� .i va ;t. ':,n�h_I i�.• ," !I yMo�nito■ring V catlon,„.Yi Color Semi-annually SDO Odor Semi-annually SDO Semi-annually SDO -Clarity Solids Semi-annually SDO -Floating Solids Semi-annually SDO -Suspended Foam Semi-annually SDO Oil Sheen Semi-annually SDO Other obvious indicators of stormwater pollution Semi-annually 'SDO Footnotes: 1 , ,Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless,of representative outfall status. ; SECTION Dc ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which 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. This monitoring shall be performed at all outfalls which discharge stormwater runoff fromvehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall, (SDO)-which discharges stormwater runoff from vehicle maintenance areas (or each representative outfall, if representative outfall status has been granted for vehicle maintenance areas).. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified in Table 7 (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). The permittee shall evaluate the sources of any, benchmark exceedances and evaluate the effectiveness 'of any site BMPs. The peniiittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Part 1I Page 7 of 9 i - ii 41 iIi' I i 4' rI 71 ,Discharge Characteristics 1 y�' ', di Clara iP 'It "Ra �"fyf III I $ ] 'F dr Ha, r-k:��'Ff .> 4"�i *D la��;l ki rrht a�ILFA➢ .0 IY [I 1H E Ir t3M Units �, ' i , ; pE, ;' '� ':,r,"f�i� ,} _I:�i Ii�c'ti�fi NI'zY'�?`•1r�lpF - 9 Ei,xl"r z a �- 1.7 a{' rMeasurement'a ' �+ nP AI '..�.4. �I �° ' �'. F,a lul`.;i�e �.ienc,.Ihf n -,I P�I'� Sam le P ,,� P ° 1? �'�a, f:m r- t'. 'F�i{T e2',1..,; r r K�� c. Sam le N ;� P i 11 L P1rP,e �F# Ei .f ocati0nf H standard Semi-annually Grab SDO " Oil and Grease mg/1 Semi-annually, Grab SDO Total sus ended Solids m l Semi-annually Grab SDO New Motor Oil Usagegallons/month Semi-annually Estimate Total Rainfall inches Semi-annually Rainfall Event Duration minutes '" Semi-annually Footnotes: 1 Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April June) and'once in the fall (September - November). See Table 2 (Section B) for schedule of monitoring periods. z If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the l pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response . 'to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 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 has been granted.., Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring M n la" oEsindi I Ir i:~ Ilf DischargeECharactristres,ryat� x E r FYs? 't IaS �lJk�� i{Itr 17�,- ;{�Shb •f1184 a "k '71Nf i Fig{ t� 6>xdl�� fig' - Benchmark�1�4 EMI EUntts�rF� r,m,,�f, Total Suspended Solids ' mg/l 100 Oil and Grease mg/1 pH • standard 6-9 Table'7. -'Monitoring Schedule for Vehicle Maintenance k3"r t r „„Mon�tor�ng per odl.:E -� �- i C7N2 l YJ Simple Ngmber ; > y 1 r - "iY �` - w� a x a. fin" Start er; a r i;'a I '-i L A r; c hi",, N4,1 En"d �' Year 1 — Spring 1 April 1, 2007 June 30, 2007 Year 1.— Fall 2 ., .. September 1, 2007 November 30, 2007 Year 2 — Spring 3 April 1, 2008 . " June 30, 2008 Year 2 — Fall 4 September 1, 2008 November 30, 2008. Year 3 — Spring 5 April 1, 2009 June 30, 2009 Year 3 — Fall " 6 ' September 1, 2009 November 30, 2009 Year 4 — Spring 7 .. April 1, 2010 June 30, 2010 Year 4 — Fall 8 September 1, '2010 November 30, 2010 Year 5 — Spring 9 - April 1, 2011 . June 30, 2011 Year 5 — Spring 10 September 1, 2011 October 31; 2011 r ootnotes: I Maintain semi-annual monitoring during permit renewal process. PartI1 Page 8 of 9 Permit No. NCS000050 SECTION E: MANDATORY BEST MANAGEMENT PRACTICES (BMPS) The Permittee shall implement the following BMPs at this facility and shall include these BMPs. in the facility's SPPP: , (a.) The Permittee shall ensure entryways and loading areas near manufacturing areas where dust track -out occurs are "swept daily, and that cleaning procedures are conspicuously posted within the affected work areas. (b.) The Permittee shall ensure routine evaluations by employee task groups of BMPs intended to reduce copper dust exposure and shall identify practices or areas in need of improvement. (c.) The Permittee shall implement BMPs to reduce fugitive dust, including but not limited to: moving fork truck and sweeper maintenance indoors; improving preventative maintenance for dust collectors; and handling and storing glycerin in reusable containers. For BMPs that have already been implemented, the Permittee shall ensure those practices are maintained as long as: 1. they effectively reduce fugitive dust, . (d.) The Permittee shall devise a Monitoring Plan for sampling runoff from segregated areas (for.,, example, the main traffic "area contiguous to the Copper Plant) to determine where the primary contributions of copper to stormwater occur at the. site. This Monitoring Plan shall be submitted to DWQ for review and approval within four months of the effective date of this permit [by February 28, 20071. The Monitoring Plan should require sampling (grab samples) be conducted ; during representative storm events: In addition to other parameters the Permittee deems useful, the Permittee shall analyze copper concentration, pH, and estimate flow volume'for each sampled event. If averages will be used, the plan should include criteria about how many samples are - required. If the Permittee will evaluate the proportion of contribution to the total mass of copper, in runoff from the entire site, measurements should be taken concurrently at stormwater discharge outfalls. Revisions to the Monitoring Plan shall not require a revision to the Stormwater Permit. Any 'revision of the Monitoring Plan after the initial review and approval of DWQ shall be accomplished by mutual agreement between DWQ and the Permittee. (e,) For areas the Permittee has determined to be primary contributions to copper in runoff from this facility, either through the above Monitoring Plan or by other means, the Permittee shall assess BMPs intended to reduce dust release and track -out from industrial activities, improve dust collection efficiency, reduce other sources of copper contamination, and/or capture and treat the runoff with engineered controls. The Permittee shall establish a schedule to implement selected BMPs and shall submit a status report to DWQ outlining progress two"and a half years following the effective date of this permit [by April 30, 20091. Part I1 Page 9 of 9 r, Permit No. NCS000050 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: The Stormwater Pollution Prevention Plan shall be developed and implemented within t 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary „ containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. - Proposed Facilities: 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 II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. . 2. Duty to Comply The permittee-must comply with all conditions ofthis individual permit..Any permit noncompliance constitutes a.violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation.and reissuance, or modification; or -denial of a permit upon renewal application. .'a. The permittee shall comply with standards or prohibitions established under'section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. ' b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any ; permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,00.0 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum - amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] ;.c. Under state law, a daily civil pe'nalty.of not more than twenty-five thousand dollars ($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. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, . 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any. of such sections in a permit issued under section 402 of the Act. Administrative penalties for.Class ... , I violations ate not to exceed $11,000 per violation,' with the maximum amount of any Class I penalty assessed not.to exceed $27,500. Penalties for Class Ii.violations are not to exceed $11,000 per -day for each day during which the violation continues, with the maximum amount of any Class lI penalty not to exceed $137,500. ' Part Ill: Page 1 of 8 , Permit No. NCS000050 . 3. Duty to Mitigate } . The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human healthor the environment. Civil and Criminal Liability Except as provided in Part.I1I, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this. individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual 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 3 11 of the Federal Act, 33 USC 1321. 6. Property^Rights The issuance of this individual 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. .7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid; the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected ' • thereby. . 8. • Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time,'any information which the Director =` may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 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 individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. if a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of . violation, or by imprisonment of not more than 4 years, or both. 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 individual Part III Page 2 of 8 Permit No. NCS000050 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. SECTION B: GENERAL CONDITIONS 1. Individual 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. "Any permittee that has not requested renewal at least 180 days prior to expiration, or, any permittee that does not : have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be ; subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers - This permit is not transferable to any person except after notice to and approval by the Director. The Director may"require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements. as may be necessary under the Clean Water Act. Permittee is required. to notify the Division in writing in the event the permitted facility is sold or closed. 3; Siinatoa Requirements . All applications, reports, or information submitted to the Director shall be signed and certified. -a.. All applications to be,covered under this individual permit 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 employing more than 250 persons or having gross'annual sales or expenditures exceeding 25 million (in ' second quarter 1980 dollars), if authority to sign documents has been assigned or 'delegated to the manager in accordance with corporate procedures. (2) . For a partnership or sole proprietorship: "by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall . be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by -a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant .. manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Permit No. NCS000050 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following 'certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. - Individual Permit Modification,_Revocation and Reissuance, or Termination -The issuance of this individual permit does not prohibit the Director from reopening and modifying the . individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and .123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina. General Statute 143-215.1 et. al. 5.. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition:' SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS I., Proper Operation and Maintenances The permittee shall at all times property 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 individual 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 individual permit. . 2.. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt br reduce the permitted activity in order to maintain compliance with the condition of this individual permit. - 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 'Part III Page 4 of 8 Permit No. NCS000050 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 III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: ; MONITORING AND RECORDS I." ; 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 representative 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 Director. r . 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance -activity; b. The individuals) who performed the sampling, ,measurements, inspection or maintenance activity, C. The date(s) analyses were performed; d. The individual(s) who `performed the analyses; er - ' The analytical techniques or methods used; and ' f.. The results of such analyses.. 3. Flow Measurements 1 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 individual 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. Part III Page 5 of 8 , Permit No. NCS000050 5. Representative 0utfall 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 all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all . reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the.Director at any time. 7.1 Inspection and Entey 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 individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit, ' c. 'Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), - =, A• practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. ' SECTION E: REPORTING REQUIREMENTS l : Discharge Monitoring Reports ' . - .- . ,. - .. •F 1, Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 9 Permit No. NCS000050 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 shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. " Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act." 4. Non-Stormwater Discharges ' If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater .: ' discharge permit and provide this information.with the stormwater discharge monitoring report. 5. 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. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Antic inated Noncompliance The permittee shall give notice to.the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. : 7• Bypass. '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 affect of the bypass. b. Unanticipated bypass.. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional offiee 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 p 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. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. , 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time . monitoring reports are submitted. ; Part I❑ Page 7 of 8 Permit No. NCS000050 . 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, 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. Clean Water Act The Federal, Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. . 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. • . 9 Director r f The Director of the Division'of Water. Quality, the permit issuing authority. The North Carolina Environmental Management Commission. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. . ' 12.. 'Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. •13. Landfill : ere waste is placed in or on land and which is not a land A disposal facility or part of a disposal facility wh treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, ,excluding topsoil or -similar naturally -occurring surface materials that are not disturbed by mining operations. Part V I Page 2 of 5 Pages Permit No. INCS000050 16. Permittee The owner or. operator issued a permit pursuant to this individual permit.. 17. 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. 18. Re presentative Storm Event. A storm event that'measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no' - storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to ,10 consecutive 'hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then . stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. I9.. 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 DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform.analytical monitoring at a reduced number of outfalls. 20. Rinse Water Discharge The `discharge of rinse water from equipment cleaning areas associated with ,industrial activity.-' Rinse,. waters from vehicle and equipment cleaning areas are process wastewaters and do not include wastewaters utilizing any type of detergent or cleaning agent. 21: Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priori!y Chemical 'A chemical or chemical category which: , A. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of .1986, also titled the Emergency Planning and Community Right-, to -Know Act of 1986; b. rAs present at or above threshold levels at a facility subject to SARA title I11, Section 313 reporting requirements; and 1 c. That meet at least one of the following criteria: ' :'(I). Is listed in Appendix D of 40 CFR part 122 on either Table 11(organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (ceitain toxic . . PO llutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 1 I6.4; or (3) .Is a pollutant for which EPA has published acute or chronic water quality criteria. - Part V1 Page 3 of 5 Pages „ = Permit No. NCS000050 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be . expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused _ by delays in production. .. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA;'fertilizers; pesticides; and waste products such as ashes, . slag and sludge.that have the potential to be released with stormwater discharges. 25 Significant Spills . r Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). - 26. Stormwater Runoff The flow of water which results_ rom precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. ' . Stormw'ater 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. .28. 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. 29 Ten Year Desian Storm , The maximum 24 hour precipitation event expected to be equaled or exceeded.on the average once in ten .'years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 30. Total Flow The flow corresponding to the time period over which the entire storm event occurs.. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c)estimated by, the measurement of flow at 20 minute intervals during the rainfall event. , Part VI Page 4 of 5 Pages ly�Ol%�5 i State of North Carolina County of Durham r Igo rn a Z AVIT OF PUBLICATIONti nCIS l (J axp rn a��, M o 1-, r--, a Nil � C�> Wig Martine Adams being duly sworn says that she is the Principal Clerk of The Durham Herald Co., Inc., publishers of The Herald -Sun a newspaper published in and of general circulation in said County, and that a notice of which the annexed is a true copy, was published in said newspaper one time on the 3ra day of October, 2005. Principal Clerk Sworn to and subscribed before me this 29th day of November, 2005. 4t, q - - Notary P blic My commission expires December 16, 2006. Durham County, North Carolina PUBLIC NOTICE SPATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER - RALE)GH, NORTH CAROLINA 27699-1617 ertainTeed 'Corporation, 200 CertainTeed Road; xford,.�NC-27565, has `applied for.j;an NPDES tormwator,PoriNt,to,;discharge etormwater as4o ated with liidiistrial t<;a facility�localed The'dra11 permit number is NCS000140, Metal Products, Inc., 2601 Weck Drive, Re- f Triangle Park, NC 27709-has applied for an ter associated with Industrial„activrdesvat a facility located at SCM Metal Products,Inc.,;*2601.Wack Drive, Research, Triangle Park; -NC, Durham' Coun= ty..The facility diachhirges to waters doi3lgnated as an unnamed. tributary Northeast' Creek and Stir- rup Iron ,Creek, within the Cape Fear and Neuse River Baeln(e). The draft permit number Is NCS000050. Coples of the draft permits are available at the fol- lowsng website: http://ft2o.enr.state.nc.us/ sulppublk notk:e.htm Or by contacting: Bethany Goo ullas NC Division of star Ouality 1617.Mall Service Cantor Raleigh, INC 27699-16t7 :Telephone Number: (919) 733-5093, extension 521) t ' bothany. georgouiia9@ncmail. net . Persons wiyhin to. comment upon or object . to ,the proposed" determination are invited' to submit their CommentsJrTi.writing to the above'address no Slater than Ndvernber 4, •2005. All comments re - calved prior to that date will be considered in the final ;determination; regarding permit Issuance, All comments', and reqquests , should reference draft pperriit numli0'r'NC5000140; or NCS000050:" M-S: Oct ober':1 2006 . r� �j�` • t n 1 • r r✓ 1 r _ AFFIDAVIT OF PUBLICATIOM. m State of North Carolina i� t County of Durham Martine Adams being duly sworn says that she is the Principal Clerk of The Durham Herald Co., Inc., publishers of The Herald -Sun a newspaper published in and of general circulation in said County, and that a notice of which the annexed is a true copy, was published in said newspaper one time on the 3d day of October, 2005. Principal Clerk Sworn to and subscribed before me this 29th day of November, 2005. ax M_� Notary P blic My commission expires December 16, 2006, Durham County, North Carolina �(� WArtC`n Michael F. Easley, Governor Ir Q State of North Carolina GWilliam G. Ross, Jr., Secretary F- Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water QualLtX December 2, 2005 • Mr. Gerard Reverri SCM Metal Products; Inc. 2601 Weck Drive ; Research Triangle Park, North Carolina 27709 , : Subject: Final NPDES Stormwater Permit Permit No. NCS000050 � SCM Metal Products, Inc. Durham County . . Dear Mr. Reverri: In response to your renewal application for continued coverage under NPDES Stormwater permit : NCS000050, the Division of Water Quality (Division) 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 US Environmental Protection agency dated May9,1994 (or as subsequently amended).. This final permit contains the following minor changes from the draft permit sent to you on September 28, 2005: ' • The second paragraph of Part I, Section $has been revised, with standard language regarding . Water Quality Standards. The Monitoring Schedule table (Table 2., Section B.) has been revised to include the tenth sampling period that falls before the expiration date of the permit. In response to your comments received November 8; 2005, the copper and zinc benchmark values are derived from the EPA Multi -Sector Permit benchmarks for the primary metals industry.' (See Federal'. Register%Vol- 65, No. 210/October 30, 2000). The ethylene glycol benchmark is based on one-half of the Final Acute Value ('A FAV), a value the Division often uses to protect aquatic life from acute effects of., . toxicants in point source discharges. Because stormwater. events are sporadic in nature, several of our current stormwater benchmarks are based on values that take into account acute effects on aquatic life. 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 III, 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. North Carolina Division of Water Quality (919) 733-7015 1617 Mail Service Center' " FAX (919) 733-0719 Raleigh, North Carolina 27699-1617 :. On the Internet at http://h2o.enr.state.nc.us/. .. � �! .. _ � � �. _ ,. - '�• .. � ` ... � � � i �� .. � ..1. �� .. - � ., ... � ; r _ :. � .. '. . , .. . , . � � t Permit No. NCS000050 ' TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities 'Section C: Location Map PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERM=D 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 Section A: Compliance and Liability 1. Compliance Schedule .. .2.' Duty to Comply. . 3. 'Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and'Hazardous Substance Liability .6. Property Rights ". 7.. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers Permit No. NC5000050 3. Signatory Requirements • 4. , Individual Permit Modification, Revocation and Reissuance; or . Termination . .5. Permit Actions ; Section C:.. ,. Operation and Maintenance of Pollution Controls L - . Proper Operation- and Maintenance ' l 2.- Need to Halt or Reduce'Not abefense .3. Bypassing of Stormwater.Control Facilities Section D Monitoring and Records 1. RepresentativeSampling 2:...Recording Results ' 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...,Bypass 8. : Twenty-four Hour Reporting 9. '.',Other Noncompliance 10. Other Information PART IV LU IITATIONS REOPENER ' PART V. ADM ,11STERING AND COMPLIANCE MONITORING FEE REQUIREMENTS, PART VI DEFINITIONS Permit No. NCS000050 PART I' INTRODUCTION . SECTION A: INDIVIDUAL PERMIT COVERAG ' DO 3 f o During the period beginning" on the effective date of the peizY 't and lasting until _eration-the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited. and -monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the•permittee is authorized to dischargem stormwater to the surface waters of North Carolina or separate storm sewer systewhich has been adequately treated and.managed in accordance with the terms and conditions of this permit. All 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 discharges allowed by this�mit al-pershall 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 r Permit No. NCSOOOO50 APART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES , '. SECTION A: STORMWATER POLLUTION PREVENTION PLAN' .The perrnittee shall develop a Stormwaier Pollution Prevention Plan, herein after referred to as . the Plan.. This Plan shall be considered public information in accordance with Part III, Standard Conditions,. Section E, Paragraph 3 of this.e&4dual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan:. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of „ :. stormwater discharges. The site'plan shall contain. the following: 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 water(s) to which the. stormwater outfall(s) discharges, or if the discharge is to a, municipal separate storm sewer system, the name of the municipality and the ultimate receiving „ waters; and accurate.latitude and longitude_of the point(s)of discharge. 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. c. A site map drawn,to scale with the following items: (1) `Distance legend and north arrow ' (2) Location of industrial activities (including storage of materials,': disposal areas, process areas and loading and unloading areas) '.(3) Drainage structures . (4) Delineated drainage areas for each outfall r j (5) -Drainage area for each outfall in acres, and percentage of. - each drainage area that is impervious (6) . Building locations (7) Existing BMPs and impervious surfaces, (8) For each outfall, a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge. : d. A list of 'significant.spilis or leaks of pollutants that have occurred at -the facility V during the 3 previous years and any corrective actions taken to mitigate spill impacts. . e. Certification that the stormwater outfalls have been evaluated for the presence of : non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section ✓ B, Paragraph 3. Part II Page t of 7 Permit No. NCS000050 u 2 Stormwater Management Plan. -The stormwater management plan shall contain a narrative description. of the materials management practicesemployed which control or minimize the exposure of significant materials to stormwater; including structural and , nonstructural measures:: The stormwater management plan, at a minimum, shall incorporate the following: 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 stormwater. -Wherever practical, the permittee shall prevent exposure of all storage areas; material handling operation", and manufacturing or fueling operations;; In areas where elimination of exposure is... not practical, the stormwater.management plan shall document the feasibility'of: diverting the stormwater runoff away from areas of potential contamination.. . b econdary Containment Schedule. A schedule to provide secondary containment l.`ior ul age of li uid materials storage of Section 313 of Title III oLthe ' Superfund mendments and Readthorization'Act SARA) water riorit chemicals,, s ora e o azard o prevent leaks.and spills from contaminating stormwater r inoff..if the secondary containment devices are connected directly to stormwater conveyance systems, the connection'shall be controlled by manually activated: valves or other similar device's [which shall be secured with a locking mechanism] and any stormwater that accumulates in. the V 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 stortwater shall be released if found to be': uncontaminated by the material stored within the contaunment area. Records documenting the. individual, making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five. years C. ' BMP Summary.. A narrative description 'shall be provided of Best -Management Practices (BMPs) to be considered such as; but not limited to; oil and grease , , seQaration, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary..THe need for stnctural BMPs shall be based on the assessment of potential of sources to contribute signif cant quantities of pollutants to stormwater discharges and data collected through monitoring of - stormwater discharges., 3 ' 'Spill Prevention and Response Plan.-, The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility.,Faciiity personnel (or team) responsible for implementing the.: ` SPRP shall be identified. A responsible person shall be'on-site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations.: The SPRP must be site ' stormwater specific: Therefore, a SPCC plan .may be a component of the SPRP, but may not.be sufficient.to completely address the storriiwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference.into the SPRP. , Part H Page 2 of 7 Permit No. NCS000050 4. Preventative Maintenance and Good Housekeeping Program.':A preventative maintenance program shall. be developed.. The program shall. document schedules of ✓ inspections and maintenance activities of stormwater control systems, plant equipment. and systems.. Inspection of material handling areas and regular cleaning schedules of these areas 'shall be incorporated into the program. . 5. : Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. ,Facility personnel (or team) responsible for implementing the training shall be identified 6. Responsible Party, The Stormwater Pollution Prevention Plan'shall identify a specific position(s) responsible for the overall coordination, development, implementation, and ,r revision to' the Plan. Responsibilities for all components of the Plan shall be documented :.and position assignments provided.: 7.1 .."Plan Amendment;. The permittee shall amend the Plan whenever there is a change in design, construction', -operation., or maintenance which.has a significant effect on the potential for the discharge of pollutants to surface waters. The, Stormwater Pollution V" Prevention Plan shall be reviewed and updated, on an annual basis. " The.Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for. modifying the Plan to meet minimum requirements.'. The permittee shall provide, certification in writing (in accordance with Part III, Standai-d'Conditions; Section B, Paragraph 3) to the Director that the changes have been made: . 8. Facility Inspection Program. F;rCtttfz%-are4eqeifed4e inspect all stormwater systems on at least a semiannual schedule, once in the. fall. (September -November) and once in the spring (April - rune). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and_a narrative description of the facility's'stormwater control systems., plant equipment and systems. Records of these inspections shall be - into. orated into the Stormwater Pollution Prevention Plan. rP. ..,Stormwater discharge characteristic monitoring as required in Part H of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, / inspections and maintenance activities and training provided to employees, including the ✓ log of the sampling data and of activities taken.to implement BMPs associated with the : industrial activities, including vehicle maintenance'activities.. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. = " Part II Page 3 of 7 a Permit No. NCS000050 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the. permit and lasting until expiration, the , permittee is authorized to discharge siormwater,subject.to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below,in Table All analytical monitoring.shall be performed during a representative storm event. The required monitoring will result. in a minimum of 10 analytical, samplings being conducted over the term of the permit at each stormwater discharge'outfall (SDO). The permittee shall complete the minimum 10 analytical samplings in accordance with the schedule'specif .ed below_in Table Z. . ' Monitoring results shall be compared to the benchmark values in Table 3. The benchmark . values in Table 3. are not permit limits but should be used as guidelines for the permittee's ' Stormwater Pollution Prevention Plan (SPPP).' The permittee shall evaluate the sources of any benchmark exceedances'and evaluate the effectiveness.of any site BMPs. The permittee shall review and/or update the SPPP. and document any efforts 'to address stormwater contamination. Table 1. Analytical Monitoring Re uirements 3 iseha ,g Chaac, r�sl3cs i4lnits asuremen r quency Same Tq, e2 Sam_ oca 'on3 : Copper, Total Recoverable rrik/lF 'Semi-annually Grab SDO, Zinc, Total Recoverable ' m Semi-annually ' - . Grab. ' . SDO Ethylene Glycol ` - ; m Semi-annually' Grab SDO ' H. standard Semi-annually Grab SDO Total Rainfall . = 'inches Serni- nnually Rainfall Event Duration `: : - minutes : ; -Semi Xnnually _ . _ M'onitoring;period SampleaNu�ribe, Start End ` Year 1— Spring 11 '.- April'l, 2006 June 30, 2006 Year 1 —Fall 2 September 1; 2006 November 30, 2006 . Year 2 - Spring 3 April 1, 2007 June 30, 2007 Year 2 —Fall 4 September 1, 2007 November 30, 2007 Year 3 -- Spring 5 April 1, 2008. ' June 30, 2008 - . Year 3 — Fall . 6 September 1, 2008 November 30, 2008 Year 4 — Spring 7 April 1, 2009 June 30, 2009 Year 4 — Fall 8 September 1, 2009 November 30, 2009 Year 5 — Spring 9 April 1, 2010 June 30, 2010 Year 5 - Fall 10 September 1, 2010 November 30, 2010 Footnotes: I Maintain semi-annual monitoring during permit renewal process. Table 3. Benchmark Values for Analyfical.Monitoring.; MORE ha ,g (characteristics L'7n is enchrnaOkr Copper, Total Recoverable : ' mg/1 ' . ' . ' ` . 0.0636 Zinc, Total Recoverable . " mg/1 Ethylene Glycol :; ;'.mgn 2500 PH ' . :. standard 6-9 This site discharges upstream of a s.e 'ment o Northeast Creek designated as impaired wa experiencing problems with fecal coliform turbidit ; and low dissolved ox a ,and also upstream of th o eservotr ex riencm ro ems wrt nutrients and chloroph 11 a �. violations (indicative of excessive nutrientloads). ATotal Maximum. Daily Load (TMDL) for . fecal coliform was approved in September 2003 for Northeast Creek, but theel rmittee was not allocated a load for stormwater discharge and is`not required to monitor for fecal coliform at this time. If a Total Maximum Daily Load (TMDL) is approved for this segment of Northeast Creek, the Permittee may be required to monitor for the pollutant(s) of concern in the future and submit . results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the Permitiee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part II Page 5 of 7 �.sahar Je -} � ,�req�ency l� .ocatfon Color. - Semi-annually'SDO ' SDO _Odor:':.."Semi-annually Clan Semi-annuall SDb Floating' Solids Semi-annually, SDO Sus ended'Solids Seini-annuall ' SDO Foam' Semi-annuall SDO Oil Sheen' Semi-annuall SDO' Other obvious indicators of stormwater ollution• .. = Semi-annually SDO Permit No. NCS600050 the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from J. vehicle maintenance areas. The permittee shall complete the minimum 10 analytical samplings in accordance with the schedule specified in Table 2 (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 pernuttee's , / Stormwater Pollution Prevention Plari (SPPP). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination.. Table 5. - , :'.'.Analytical Monitoring Re uirements for On -Site Vehicle Maintenance Doha rgr a Cha' raeter'� s c: its 1Vlea'su . n "T� Sam le' ocation H . standard Semi-annually Grab SDO` Oil and Grease ' m Semi-annually Grab SDO ' Total suspended Solids m Semi-annually Grab SDO New Motor Oil Usage allons/month Semi-annually Estimate - Total Rainfall inches Semi-annually Rainfall Event Duration I..":minutes ' Semi-annually Footnotes: 1 Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April _ June) and once in the fall (September -.November). See Table 2 (Section B) for schedule of monitoring periods. 2 If the stormwater runoff is controlled by 'a stormwater detention pond, a grab sample of the discharge from the �. pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. ' .3 Sample Location: Samples shall becollected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur: Table 6. Benchmark Values. for Vehicle Maintenance Analytical Monitoring Discharge Characteris ics Units Ben lun�rk Total Suspended Solids. mg/l _ 100 ✓: -. " °.. Oil and Grease mgll . 30, . -v pH standard 6 -- 9 Permit No. NCS000050. PART III. STANDARD CONDITIONS FOR NPDES 5TORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY. ✓.. 1. Compliance Schedule The perrruttee shall comply wit imitations and ontrols specified for Stormwater discharges in accordance with the following schedule: , Existing Facilities: 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 Proposed Facilities: 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, containriment, as specified in Part Ii, Section A, Paragraph 2(b) of this permit shall be accomplished prior'to the.beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permRke must comply with all conditions of this indivkhm4ermit: Any permit noncompliance „'constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.— a The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic'pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the . requirement b. The Clean Water Act provides that any person who violates a permit condition is subject to.a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any . permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditionsis subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for'not more than 3 years, or both. Also, any person'Who violates a Permit condition may be assessed an administrative penalty not to exceed $11,000 per, violation with the maximum ' amount not to exceed $137,500. [Ref Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. , .•" . " Under state law, a daily civil penalty of not .more than twenty-five thousand dollars ($.25,000) per violation may be assessed against any person who'violates or fails to act in accordance with the r/ ` terms, conditions, or requirements of a permit. JRef: North Carolina General Statutes 143- 215.6A] Any person may be assessed an administrative penalty, by the Director for'violating section 301, 302, 3061 307, 308; 318, or 405 of the Act, or any permit condition;oi• limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I / penalty assessed not to exceed $27,500. Penalties for Class H violations are not to exceed$11,000 ✓ per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $ i 37,500; ' Part III Page i_.of 8 Permit No. NCS000050 j 3. Duty to Mitigate r/ The permittee shall take'all reasonable steps to minimize or prevent any discharge in violation of this inal permit which has a reasonable likelihood of adversely affecting human health or the environment. 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 individual permit shall be construed to relieve the pernuttee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6B, 143- 215.6C or Section 309 of the Federal Act, 33. USC 1319. Furthermore, the' permittee is responsible for consequential damages,.such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this �iduaf- ivpermit shall be construed to preclude the institution of any legal action or relieve ✓` the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act; 33 USC 1321., - 6. Property Rights The issuance of this irttTiermit does not convey any property rights in either real or personal property, or, any exclusive privileges, nor Poes it a orize any injury, to private property or any invasion of ✓ personal rights, nor any infringement of edera]. e or local laws or regulations. .7. ' Severability ' The provisions of this Indivktual permit are severable, and if any provision of this irdividuA permit, or the / application of any provision of this ftTffiY4dm4-permit to any circumstances, is held invalid, the application ✓ of such provision to other circumstances, and the remainder of this i tdirtidetal-permit, shall not be affected thereby.` $ to Provide ]nformat _ Duty _ ion The permittee shall,fdmish to the Director, within a reasonable time, any information which the Director . may request to determine cause exist for. modifying, revoking and reissuing, or terminating the permi issued-pnrsnenttCfthi�'iti 'a>mi or to determine compliance with this -permit. The - permittee shall a so furnish to the Director upon request, copies of records required to be kept by this --iudixidaftl permit. 9. Penalties for Tam grin 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 indi;4deal-permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first . , conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 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-mairtained under this irirlivkhml Part III Page 2 of 8 . Permit No. NCS000050 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', br by imprisonment for not more than two years per violation, or by both SECTION B. GENERAL CONDITIONS . 1 Individual 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: Any ✓: permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after'ihe expiration and has not requested renewal at least 180. days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2.. T an sfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require.niodification or revocation and reissuance of the•permit to change the name and incorporate,such other requkements as rriaybe necessary under the Clean Water Act: Permittee is required I notify the Division in writing in the event the permitted facility is sold or closed. . • 3. Signatory Requirements All'appH ations, reports, or information submitted to the Director shall be signed and certified. a All applications to be covered under thisvdna! permit shall be signed as follows %" (1): - '- • For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officermeans: (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 orie or more manufacturing production or operating facilities employing more, -. than 250 persons or having gross annual sales or expenditures exceeding 25 million (in " second quarter 1980 dollars), if authority to sign documents has, been assigned or delegated to the manager in accordance with corporate procedures. (2) Fora partnership or sole proprietorship:. bya general partner. or the proprietor, . ' .. respectively; or' (3) For a municipality;il ederal, or other public agency: by either a principal executive .: officer or ranking elec official. b. •. .: All reports required by the individual perri it,and other information requested by the Director shall - be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (I) ' 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 . Part III Page 3 of 8 Permit No. NCS000050 matters for the company. (A duly authorized representative may! thus be either a named individual"or any individual occupying a, named position.); and (3) The ,written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification:. "I certify, under penalty of law, that this document and all attachments were prepared under my . direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate.the, information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information; ' including the possibility of fines and imprisonment for knowing violations." 4. lndi*idnal^Permit_Modification, Revocation and Reissuance, or Termination The issuance of thisindividtm& permit does not prohibit the Director from reopening and modifying the del permit, revoking and reissuing the individual-perrnit, or terminating the'indivkhW permit as allowed by the laws, rules, and regulations contained in Title 40; Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. .5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause: Tha notification of planned changes, or anticipated noncompliance does not stay any im ivWtraf permit condition. ; SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operationand 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 individemi 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 individual permit. 2.' Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to.halt or reduce the permitted activity in order to maintain compliance with the condition of this indi&W permit. 3... Bypassink 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 Ioss 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 Part 111_ Page 4 of 8 Permit No. NCS000050 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 III, Section E of this permit: If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects:. ' ' • SECTION D: MONITORING AND RECORDS :. L 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 representative storm , event. Samples shall be taken on a day and time that is characteristic of the discharge All samples shall be 1� 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 Director. 2 : Recordm Results esults For each measurement,'sample, inspection .or maintenance activity performed or collected pursuant to the requirements of this ii idual-pernvt, the' permittee shall record the fallowing information: ; " a: " The.date, exact place;. and time of sampling, measurements, inspection or maintenance'activity; b 'The individual(s) who performed the sampling, measurements, inspection or maintenance activity,' ; C. The date(s) analyses'were performed, d. The individual(s) who performed the analyses; ; - e -The analytical techniques or methods used; and 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 of ,volume 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 individual 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. „ Part III Page 5 of 8 H Permit No. NCS000050 5. Re resentative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that arc' 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 all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application.. This period may be extended by request of the Director at any time. . 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal - separate storm sewer system, an authorized representative of a municipal operator'or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permitteeis premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; -v/' ` b. ; Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. ' ' Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,,or operations regulated or required under this individual permit; and d.. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as.otheiwise authorized by the Clean Water Act, any substances or parameters at any location, . SECTION E: REPORTING REQUIREMENTS 1., Discharge Monitoring Reports / Samples analyzed1in''accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality °h'at�Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Permit No. NCS000050 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 shall be available for public inspection at the offices of the Division of Water Quality. '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 Dischar If the storm event monitored in accordance with this individual permit coincides with a non-stormwater 'discharge, the permittee shall separately monitor. all parameters as required under the non-stormwater 'discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Chan es ; 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. This notification . requirement includes pollutants which are not specifically listed in the individual permit or subject to" .'' ✓ notification requirements under 40 CFR Part 122.42 (a).., Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes'at the permitted facility which may result in noncompliance with the individual ermit r uirements. Y y ..p. p �1 ,. 7. Bypass ' s - • � .. . . 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 affect of the bypass. b Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an' unanticipated bypass.. 8. ` Twenty-four Hour Reporting 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 The Director may waive the written report on a' case -by -case basis if the oral,report has been received ' within 24 hours..:. ^ 9. Other Noncrim liance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of 8 Part III Page 9 of 8