HomeMy WebLinkAboutNCS000136_FINAL PERMIT_20060412i
-------STORMWATER-DIVISION-CODING SHEET --
PERMIT NO.
DOC TYPE
CfINAL PERMIT
❑ MONITORING INFO
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ Q'�� Q I
YYYYM M D D
f
WAr, • Michael F. Easley, Governor
State of North Carolina
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
April 12, 2006
Mr. Tim Roberts
Maliinckrodt, Inc.
8861 Capital Boulevard
Raleigh, North Carolina 27616
Subject: Final NPDES•Stormwater Permit
Permit No. NC5000136
Mallinckrodt, Inc.
Wake County
Dear Mr. Roberts:
In response to your renewal application for continued coverage under NPDES stormwater permit NCS000136, 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 February 15, 2005:
0 The monitoring schedule has been revised to begin on the effective date of the permit, and includes a
footnote explaining the facility may begin sampling in the fall if unable to sample a representative storm. .
event before June 30, 2006. Permit language has also been revised to reflect a minimum of nine analytical
samples during the. permit term.
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.
Carolina
�utura!!y
North Carolina Division of Water Quality 1617 Mail Service CenterRaleigh, NC 27699-1617 Phone (919) 733-5083 -Customer Service
Internet: www,ncwaterqualily.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748
An Equal Opportunit)r1AHirmative Action Employer— 50% Recyda10% Post Consumer Paper
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Mr. Tim Roberts •
1Vlallinckrodt, Inc.
Permit No. NC5000136
April 12, 2006
Page 2
Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case of
change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain
other permits which may be required by 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.georgouhas®ncmail.net.
Sincerely,
for Alan W. Klimek, P.E., Director.
cc: Raleigh Regional Office, Water Quality Section
Bill Reid/Wake County
Mike Mitchell, EPA Region W .
Stormwater. Permitting Unit
Central Files
Attachments
2
NCS000136
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,
Mallinckrodt, Inca
is hereby authorized to discharge stormwater from a facility located at
8801 Capital Boulevard
Raleigh, NC
Wake County
to receiving wafers designated as Perry Creek and the Neuse River, class C-NSW and WS-IV
NSW streams, respectively, in the Neuse River Basin, in accordance with the discharge
limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and
VI hereof.
This permit shall become effective May 1, 2006. .
This permit and the authorization to discharge shall expire at midnight on April 30, 2011.
Signed this day April 12, 2006.
for Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000136
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_
DISCHAR(JES
Section k " Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: On -Site Vehicle Maintenance Monitoring Requirements .
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
PERMITS
Section A: Compliance and Liability
1.
Compliance Schedule
2.
Duty to Comply
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.
Tenalties for Falsification of Reports
Section B: General Conditions
l .
Individual Permit Expiration
2.
Transfers
i
• Permit No. NCS000136
3.
Signatory Requirements
4.
Individual Permit Modification, Revocation and Reissuance, or
Termination
5.
Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1.
Proper Operation and Maintenance
2.
Need to Halt or Reduce Not a Defense.
3.
Bypassing of Stormwater Control Facilities
Section D: . Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3..
Flow Measurements „
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry .
Section E: Reporting.
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes,
6.
Anticipated Noncompliance
7.
Bypass
S.
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
Permit No. NCSOOO 136
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.
The discharges allowed by this individual permit shall not cause or contribute to violations of
Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page 1 of 2
SECTION 6 LOCATION MAP • • Permit No. NCS000136
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Latitude: 35°53'55" NCS000136 Facility ►
Longitude:78.°33'40" i
County: Wake : Mallinckrodt, Inc.
Location
Stream Class: WS-IV NSW and C-NSW
Receiving Stream: Neuse River and Perry Creek
Sub -basin: 03-04-02 (Neuse River Basin) jOA �Otfh ' TCALE 1:211,008 '
Part I Page 2 of 2
• Permit No. NC5000136
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
the 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 II Page 1 of 8
Permit No. NCS000136
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 stormwatermanagement 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 stormwater 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.
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 as of.potential of sources to contribute significant quantities
of pollutants to stormwater discharges and data collected through monitoring of
stannwater 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
C.
2.
Part II Page 2 of 8
Permit No. NCS000136
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.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific .
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position 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 U 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 11 Page 3 of 8
• • Permit No. NCS000136
be kept on -site for a period of five years and made available to the Director or his
authorized representative immediately upon request.
0
• Permit No. NCS000136
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
1.
All analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of nine analytical samplings being conducted over the term
of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the
minimum nine 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 Requirements
�Er , Discharge '' a
::. p S
ik.fthc ` Chara CtertstICS�,i; fh4
3r TI.„■ tom+
.I�UnitS
Measurement Frequencyi
"Sample
Sample'
Conductivity
us/cm.
Semi-annually
Grab
SDO
Total Suspended Solids
m
Semi-annually
Grab
SDO
Chemical Oxygen Demand
mg/L
Semi-annually
Grab
SDO
Total Nitro en
mg/L
Semi-annually
Grab
SDO
Nitrate + Nitrite, as Nitrogen
mg/L
Semi-annually
Grab
SDO
Total Ammonia, as Nitrogen
mg/L
Semi-annually
Grab .
SDO
Sulfate '
mg/L
Semi-annually
Grab
SDO
Ammonium Sulfate
mg/L
Semi-annually
Grab
SDO
H
standard
Semi-annually
Grab
SDO
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 -
3une) and once in the fall (September - November). See Table 2 for schedule of monitoring periods.
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 8
• Permit No. NC5000136 '
•. k'..... £ i � { �
Monrtormgrper�od�f�Samp>CeNumber
.-.,_... �.. _
.,.,. „-,
,3px=F
e;
�,,.
P "1�41d� I Z1�_I i,
,Year; l �,SRpg �.,,.
TjaJ I �IhrI k -
See Footnotet2 Ek
j�l lf�l F`: x 11I rJ 1. UI{
I MaY,:l, 2006 ;k1
I,.�
�I �}Pi� 'I�!
June,3�, 2Q06�,;1'J;i
Year 1— Fall
1
September, 1, 2006
November 30, 2006
Year 2 — Spring .
2
April 1, 2007 '
June 30, 2007
Year 2 — Fall
3
September 1, 2007
November 30, 2007
Year 3 — Spring'
4
April 1, 2008
June 30, 2008
Year 3 — Fall
5
September 1, 2008
November 30, 2008
Year 4 — Spring
6
April 1, 2009
June 30, 2009
Year 4 — Fall
7
September 1; 2009
November 30, 2009
Year 5 — Spring
8
April 1, 2010
June 30, 2010,
Year 5 — Fall
9
September 1, 2010
November 30, 2010
Footnotes:
1 . ° Maintain semi-annual monitoring during permit renewal process.
2 If unable to sample.a representative storm event prior to June 30, 2006, may begin sampling schedule the
following fall..
Table 3. Benchmark Values for Analytical Monitoring
Rtw Lfl!].;Il ly i iil k ° i;J I X'..r l Yj
_Discharge Characters#�cs,'.
e� ary jii -'• Er+ uj," !
,.Ft,Unitsl,;;„t
I I7rJ,l '�: : F -'� T dY',p.11.i`` 41'4�
;Benchmark .;
Conductivity
us/cm
NIA
Total Suspended Solids
mg/L
100
Chemical Oxygen Demand
mg/L.
120
Total Nitrogen (TN)
mg1L.
-.30.
Nitrate + Nitrite, as Nitrogen
mg/L
10
Total Ammonia, as Nitrogen
mg/L
19.9
Sulfate
mg/L
250
Ammonium Sulfate "
mg/L
13.75
pH
standard
6 - 9
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 (SPPP) 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 11 Page 6 of 8
• Permit No. NCSOo0136
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).
Tahle 4, Oualitative Monitoring Reauirements
�F�
Discharge Characteristics
I'rki'„• titi,l,�i s, s111�aiFf�. �...i'r
h;
� Frequency r z
,Ad ,,;1i r..i�il'�
Monitor�n g
Or
"IL,ocatlon�d
Color
Semi-annually
SDO
Odor
Semi-annually
SDO
Clari
Semi-annually
SDO
Floating Solids
Semi-annually'
SDO
Suspended Solids
Semi-annually
SDO
Foam
Semi-annually''SDO
Oil Sheen
Semi-annually
SDO
Other obvious indicators
of stormwater pollution
Semi-annually
SDO .
0
Footnotes:
l Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
SECTION D: 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
outfalis which discharge stormwater runoff from vehicle maintenance areas.
All analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of nine analytical samplings being conducted over the term
of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff
from vehicle maintenance areas. The permittee shall complete the minimum nine 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 permittee's
Stormwater Pollution Prevention Plan (SPPP). The permittee shall evaluate the sources of any
Part 1I Page 7 of 8
. • Permit No. NCS000136
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. Analvtical Monitorin- Requirements for On -Site Vehicle Maintenance
Djs)chjjar eCtiaracYteristics;�'�sl�'Unrt's'�
t, sifr rr,i,
j,, G�._. d,r.
>l,._ its �_ . n.r� ,, •,,
�I��''ih'�Measurenent
I
i�,.,;.Fre uenc _,._ .
S'ani''ample";
i a W
r
, . T e?,.,,:�,ti
V"
Y1', YG�F
s4
.. Locatlon3a;,.
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
gallons/month
Semi-annually
'Estimate
-
Total Rainfall
inches
Semi-annually
Rainfall Event Duration
minutes
Semi-annually
Footnotes:
I 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 be collected 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 Anal tical Monitoring
Fk�;
xscitarge CharacteristYcs
V 3 . Si.Un�ts,`;;
h
F'i`;;,�Beuchmark�#a,
pH
standard
6-9
Oil and Grease ".
mg/L "
30
Total Suspended Solids
mg/L '
100
• Permit No. NCS000136
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for sormwater 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 containment, as specified in Part Il, 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 of this 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 I year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $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
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 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 11 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 III Page 1 of 8
• Permit No. NCS000136
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 health or the environment.
4. Civil and Criminal Liabili
Except as provided in Part 1I1, 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 311 of the Federal Act, 33 USC 1321,
6. Promo erty 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- Severabili
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.pennit 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. NCS000136
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. Signatoryaignatory 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. NCS000136
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 Reissuancei 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
1..Proper Operation and Maintenance .
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 individuals permit.
2. Need to Halt or Reduce Not a Defense
If 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 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.
0
• Permit No. NCS000136
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
1. Representative Sam lin
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.
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 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 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 LISC 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. NCS000136
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall.status, then sampling requirements may be performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, including 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,is 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),
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
1. Dischajje Monitoring Reports
Samples analyzed in accordance with the termsof 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
Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
part III Page 6 of 8
Permit No. NCS000136
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. 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 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 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 Noncompliance
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
O NCS000136
PART IV LIMITATIONS REOPENER
This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water qua lily standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and
307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit; or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by
the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this
Division to initiate action to revoke the Individual Permit.
PART VI : DEFINITIONS
1. Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values divided by the number of
individual values.
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges.' Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a). All other discharges that are authorized by a non-stormwater NPDES permit. .
(b) 'Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
4. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process, activity, or physical structure.
Parts IV, V and VI Page 1 of 5
• • Permit No. NCS000136
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 Stara a 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 DWQ
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director _
The Director of the Division of Water Quality, the permit issuing authority.
10. EMS
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 :..' .
-A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or
a surface storage facility.
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 VI Page 2 of 5 Pages
OPermit No. NCS000136 I
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. Representative 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.
19. 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 washwaters
utilizing any type of detergent or cleaning agent.
21. Seconder 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 Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfand Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know. Act of 1986;
b. ' Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting
requirements; and =
C. That meet at least one of the following criteria:
(1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic
pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 31 I(b)(2)(A) of the CWA at 40
CFR 116.4; or.
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
Part VI Page 3 of 5 Pages
• Permit No. NCS000136
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. Sianificant 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
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 from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
27. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and which is
directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities
considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14).
The term does not include discharges from facilities or activities excluded from the NPDES program....
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 Design 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
Permit No. NCS000136
31. Total Maximum Dail Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet
water quality standards, and an allocation of that amount to the pollutant's sources, A TMDL is a detailed
water quality assessment that provides the scientific foundation for an implementation plan. The
implementation plan_outlines the steps necessary to reduce pollutant -loads in a certain body of water to
restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes
the water quality standards and TMDL programs.
32. Toxic Pollutant
Any pollutant listed as l:ozic under Section 307(a)(1) of the Clean Water Act.
33. Upset
Means an exceptional incident in which there is unintentional and temporary noncompliance with ,
technology based permit effluent limitations because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent caused by operational error, improperly
designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance; or careless or improper operation. ;
34. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
35. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
36. 25-3fear, 24 hour storm event
'The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 ;
years.
.Ao� wA r��Qt✓
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E, Director
Division of Water Quality
DATE: February 15, 2006
TO: News & Observer
NUMBER: 919-829-4824
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, February 21, 2006. 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
NCDENR/DWQ 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
Mallinckrodt, Inc., 8801 Capital Boulevard, Raleigh, NC 27616 has applied for an NPDES Stormwater
Permit to discharge stormwater associated with industrial activities at a facility located at Mallinckrodt,
Inc., 8801 Capital Boulevard, Raleigh, NC, Wake County. The facility discharges to waters designated as
Perry Creek and the Neuse River, within the Neuse River Basin.
Copies of the draft permit, No. NCS000136, 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 March 24, 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 NCS000136.
N. C. Division of Water Quality 1617 Wail Service Center Raleigh, NC 27699-1617 (919) 733-8053 Customer Service
1 800 623-7748
AFFIDAVIT OF PUBLICATION
NORTH CAROLINA.
Waite County. } 5s.
Before the undersigned, a Notary Public of Chatham
County North Carolina, duly commissioned and authorized to
administer oaths, affirmations, etc., personally appeared Debra
Peebles, who, being duly sworn or affirmed, according to law,
doth depose and say that she is Billing Manager -Legal
Advertising of The News and Observer a corporation
organized and doing business under the Laws of the State of
North Carolina, and publishing a newspaper known as The
News and Observer, in the City of Raleigh , Wake
County and State aforesaid, the said newspaper in which such
notice, paper, document, or legal advertisement was published
was, at the time of each and every such publication, a
newspaper meeting all of the requirements and, qualifications
of Section 1-597 of the General Statutes of North Carolina and
was a qualified newspaper within the meaning of Section 1-
597 of the General Statutes of North Carolina, and that as such
she makes this affidavit; that she is familiar with the books,
files and business of said corporation and by reference to the
rites of said publication the attached advertisement for NC
DIVISION OF WATER QUALITY was inserted in the
aforesaid newspaper on dates as follows: 02/17/06
Account Number: 73350831 �n
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The above is correctly copied from the books and files of the aforesaid Corporation and publication.
jonet So J` ''
Noto�'�
g�'O �coi i w
.._......- ..... ---- ------- __ _ -- — -- ---- --
Debra Peebles, Billing Manager -Legal Advertising
Wake County, North Carolina
Sworn or affinned to, and subscribed before me, this
20 day of FEBRUARY , 2006 AD ,by Debra Peebles.
In Testimony Whereof, I have hereunto set my hand
and affixed my official seal, the ay and year aforesaid.
---- ..._- ...... .... _ ._ . .. ..... _ y
anet Scroggs, Notary Pub
My commission expires 14`h of March 2009.
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