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PERMIT NO.
DOC TYPE
9b FINAL PERMIT
❑ MONITORING INFO
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ )rcol 05�09
YYYYM M DD
May 9, 2008
Mr. Wayne Black
Perdue Farms Inc.
PO Box 460
Lewiston Woodville, North Carolina 27849
Michael F. Easley, Governor
State of North Carolina,
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Coleen H Sullins, Director
MAY 13 2008
Dvvoo _ �� Z4, Ro
Subject: Final NPDES Stormwater Permit
Permit NCS000166
Perdue Farms Inc. - Lewiston
Bertie County
Dear Mr. BIack:
In response to your. renewal application for continued coverage under NPDES stormwater permit
NCS000166, 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 includes no major changes from the draft permit sent to you on March 5, 2008.
The qualitative monitoring strategy remains the same (semi-annual) as the previous term of the permit.
Please note that analytical monitoring is also required in this permit. Failure to complete the monitoring
as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean
Water Act. Reference Part III, Section A, Item 2,"Duty to Comply", Item 9 "Penalties for Tampering " and
Item 10 "Penalties for Falsification of Reports" of your permitfor 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 I1I, 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 Robert Patterson at (919) 733-5083
x 360 or robert.patterson®ncmail.net.
Sincerely,
ORIGINAL SIGNED BY
BRADLEY BENNETT
for Coleen H. Sullins, Director
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/
Mr. Wayne Black
Perdue Farms Inc.
Permit No. NC5000166
Page 2
cc: Washington Regional Office, Water Quality Section
Mike Mitchell, EPA Region IV
Stormwater Permitting Unit
Central Files
Attachments
2
NCS000 166
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,
Perdue Farms Inc.
is hereby authorized to discharge stormwater from a facility located at
Lewiston Mill
3539 Governors Road
Lewiston Woodville, NC
Bertie County
to receiving waters designated as Flag Run Gut, a class C stream in the Roanoke 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 June 1, 2008.
This permit and the authorization to discharge shall expire at midnight on May 31, 2013.
Signed this 91" day of May, 2008
ORIGINAL SIGNED BY
BRADLEY BENNETT
for Coleen H. Sullins Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCSOOO 166
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:
On -Site Vehicle Maintenance Monitoring Requirements
Section C:
Qualitative 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.
Severabiiity
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
3. Signatory Requirements
8
Permit No. NCS000166
4. Individual Permit Modification, Revocation and Reissuance, or
Termination
S. 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
I.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
b.
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
b.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
14.
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
ii
Permit No. NCS000166
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR § I22.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certification NOI form to the Division; must receive
approval by the Division; must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once
every five (5) years.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that has been
adequately treated and managed in accordance with the terms and conditions of this individual
permit. All stormwater discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed by this 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 C: LOCATION MAP
Permit No. NCSOOO 166
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NCS000166
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Perdue Farms Inc.
Lewiston Mill
Latitude: 360 08'40" N
Longitude: 770 12' 53" W
Receiving Stream: Flag Run Gut
Stream Class: C
Sub -basin: 03-02-08 (Roanoke River Basin)
Facility Location
Pan I Page 2 of 2
Permit No. NCS000166
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 that 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. The map
should identify whether each receiving water is impaired (on the state's 303(d)
List of impaired waters) or is located in a watershed for which a TMDL has
been established, and what the parameter(s) of concern are.
North Carolina's 303(d) List can be found here:
http://h2o.enr.state.ne.us/tmdl/General 303d.htm#Downloads
North Carolina TMDL documents can be found here:
http://h2o.enr.state.ne.us/tmdlffMDL—list.htmh[Fina]—TMDLs
b. A narrative description of storage practices, loading and unloading activities,,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfall.
C. A site map drawn to scale with the following items:
(1) Distance legend and north arrow
(2) Site property boundary and topography
(3) Location of industrial activities (including storage of materials,
disposal areas, process areas, and loading and unloading areas)
(4) Drainage features and structures
(5) Stormwater discharge points (outfalls)
(6) Delineated drainage areas for each outfall
(7) Drainage area for each outfall in acres and percentage or each
drainage area that is impervious
(8) All on -site and adjacent surface waters and wetlands
(9) Building locations
Part II Page 1 of 10
Permit No. NCSO00166
(10) Existing BMPs and impervious surfaces
d. A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (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.
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 processe's 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 Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount'of Section
313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances to
prevent leaks and spills from contaminating stormwater runoff. A table or
summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices which shall be
secured closed with a•locking mechanism, 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 (5) 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 the potential of pollutant sources to contribute
Part II Page 2 of 10
Permit No. NCS000166
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, an oil SPCC plan may be a component of the SPRP, but
may not be sufficient to completely address the storrnwater 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 that 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 annual update
shall include an updated list of significant spills or'leaks of pollutants for the previous
three years, or the notation that no spills have occurred. The annual update shall include
re -certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges.
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.
Part II Page 3 of 10
Permit No. NCS000166
8. Facility Inspection Program. Inspections of the facility and all stormwater systems shall
occur at a minimum on a semi-annual schedule, once during the -first half of the year
(January through June) and once during the second half (July through December), with at
least 60-days separating inspection dates (unless performed more frequently). 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. These facility inspections are different from, and in addition to, the
stormwater discharge characteristic monitoring required in Part II of this permit.
9. Implementation. The permittee shall implement the Plan. 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 actions taken to
implement BMPs associated with the industrial activities, including vehicle maintenance
activities. Such documentation shall be kept on -site for a period of five years and made
available to the Director or the Director's authorized representative immediately upon
request.
Part I I Page 4 of 10
Permit No. NCS000166
SECTION B: 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 1. This monitoring shall be performed at all
stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance
areas, and in accordance with the schedule presented in Table 2 (Section B). 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) with vehicle maintenance.
A representative storm event is 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.
Table 1. Anal tical Monitoring Requirements
Discharge
Measurement-:
Sample
Sample
Characteristics
Units`
Frequency)
Type2
Location3
BOD5 (Bological Oxygen
mg/L
semi-annual
Grab
SDO
Demand, 5-day)
COD (Chemical Oxygen
mg/L
semi-annual
Grab
SDO
Demand)
Total Suspended Solids
mg/L
semi-annual
Grab
SDO
Oil and Grease
m L
scmi-annual
Grab
SDO
H
standard
semi-annual
Grab
SDO
Total Rainfalls
inches
semi-annual
Rain Gauge
New Motor Oil Usage
gallons/month
semi-annual
Estimate
-
Footnotes:
1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or.until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
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.
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 10
Permit No. NCS000166
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or
local rain gauge reading must be recorded.
The permittee shall complete the minimum_ ten analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate Period 2 and
Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two
response.
Table 2. Monitoring Schedule
Monitoring period
Sample Number
• Start , 1 _,
�� End ,
Year 1 — Period 1
1
June 1, 2008
November 30, 2008
Year 1 — Period 2
2
December 1, 2008 1
May 31, 2009
Year 2 —Period 1
3
June 1, 2009
November 30, 2009
Year 2 — Period 2
4
December 1, 2009
May 31, 2010
Year 3 — Period 1
5
June 1, 2010
November 30, 2010
Year 3 — Period 2
6
December 1, 2010
May 31, 2011
Year 4 — Period l
7
June 1, 2011
November 30, 2011
Year 4 — Period 2
8
December 1, 2011
May 31, 2012
Year 5 — Period 1
9
June 1, 2012
November 30, 2012
Year 5 — Period 2
10
December 1, 2012
May 31, 2013
Footnotes:
Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual
monitoring until the renewed permit is issued.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No
Flow" within 30 days of the.end of the six-month sampling period.
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). Exceedences of benchmark values require the permittee to
increase monitoring, increase management actions, increase record keeping, and/or install
stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of
Tier One and Tier Two.
Part I Page 6 of 10
Permit No. NCS000166
Table 3. Benchmark Values for Analvtical Monitoring
Discharge Characteristics
Units
Benchmark.
BOD5 (Bological Oxygen
mg/L
30
Demand, 5-day)
COD (Chemical Oxygen
Demand)
mg/L
120
Total Suspended Solids
mg/L
100
Oil and Grease
mg/L,
30
pH
standard
6-9
i Tier One
If: The sampling results are above.a benchmark value, or outside of the benchmark range, for any
at anv outtalk
Then: The permittee shall:
l . Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential, and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring
concentrations to within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan.
Include the date and value of the benchmark exceedence, the inspection date, the personnel
conducting the inspection, the selected actions, and the date the selected actions were
implemented.
Part !I Page 7 of 10
Permit No. NCS000166
, Tier
: wo
If: During the term of this permit, the sampling results are above the benchmark values, or outside
of the benchmark range, for any specific parameter at a specific discharge outfall two times in a
row (consecutive);
Then: The permittee shall:
1. Repeat all the required actions outlined• above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a
sampling result exceeded the benchmark value for two consecutive samples. Monthly
(analytical and qualitative) monitoring shall continue until three consecutive sample results
are below the benchmark values, or within the benchmark range, for all parameters at that
outfall.
3. If no discharge occurs during the sampling period, the permittee is required to submit•a
monthly monitoring report indicating "No Flow."
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
During the term of this permit, if the sampling results exceed the benchmark value, or are outside
the benchmark range, for any specific parameter at any specific outfall on more than four
occasions, DWQ may:
• Require that the permittee increase or decrease the monitoring frequency for the
remainder of the permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure
Exclusion.
This site discharges to impaired waters experiencing problems with low dissolved oxygen. A
Total Maximum Daily Load (TMDL) was approved for this section of the Roanoke River
drainage basin. The permittee maybe 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 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.
Part II Page 8 of 10
Permit No. NCS000166
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 in Table 4, and during the
analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the
effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of
stormwater pollution.
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall
document the suspected cause of the condition and any actions taken in response to the
discovery. This documentation will be maintained with the SPPP.
Table 4. Qualitative Monitoring Requirements
Discharge Characteristics
Frequencyl
Monitoring
Location2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the
outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Footnotes:
1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
Part I Page 9 of 10
Permit No. NCS000166
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 stonnwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the
initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11,
Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of
the initial permit issuance.
New Facilities applying for coverage for the f-irst time and existing facilities previously permitted and
applying for renewal under this permit: 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.
Du to Com 1
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 permittce 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 USG 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 Gass
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
Part Ill Page 1 of 8
Permit No. NCS000166
per day for each day during which the violation continues, with the maximum amount of any Class
II penalty not to exceed $137,500.
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.
Civil and Criminal Liabili
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 permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 1 L13-
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. 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.
Part Ili Page 2 of 8
Permit No. NCS000166
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
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 Ex it don
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. The Permittee is
required to notify the Division in writing in the event the permitted facility is sold or. closed.
Siunatory Reauirements
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;
PartI II Page 3 of 8
Permit No. NCS000166
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"1 certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
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. 1 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 t43-215.1 et. al.
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
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this 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 or
reduce the permitted activity in order to maintain compliance with the condition of this individual permit.
Bvnassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
PartI I t Page 4 of 8
Permit No. NCS000166
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal- periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
C. The permittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a 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 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136.
Part III Page 5 of 8
Permit No, NCS000166
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.
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.
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.
Inspection and Ent
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),
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
I. Discharge Monitorine Reports
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.
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all
required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
Part III Page 6 of 8
Permit No. NCS000166
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
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 143-215.6B or in Section 309 of the Federal Act.
4. Nan-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.
Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
8. Twenty-four Flour 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
Part III Page 7 of 8
Permit No. NCSOOO 166
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.
Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in an application for an
individual permit or in any report to the Director, it shall promptly submit such facts or information.
Part III Page 8 of 8
NCS000166
PART IV LIMITATIONS REOPENER
This individual pen -nit shall be modified or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and
307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditicros 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
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 Mann ement 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 I of 5
Permit No. NCS000166
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.
Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act.(CWA), as amended, 33
USC 1251, et. seq.
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. EMC
The North Carolina Environmental Management Commission.
I. 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. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff.
Industrial materials or activities include, but are not limited to, material handling equipment or activities,
Part VI Page 2 of 5 Pages
Permit No. NCS000166
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terms and conditions described in 40 CFR § 122.26(g).
'16. 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.
17. Permittee
The owner or operator issued a permit pursuant to this individual permit.
18. 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.
19. Representative Storm Event
A storm event that measures greater than .0.1 inches of rainfall and that is preceded by at least 72 hour's 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.
20. . Representative Outfah 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.
21. 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.
22. 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.
23. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA Title 111, Section 313 reporting
requirements; and
C. That meet at least one of the following criteria:
Part V I Page 3 of 5 Pages
Permit No. NCS000166
(1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic
pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
- ' CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
24.' 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.
25. 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) ofCERCLA; 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.
26. 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 1 10.10 and CFR 117.21) or section 102 of
CERCLA (Ref. 40 CFR 302.4).
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
28. 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.
29. Stomiwater 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.
30. 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.
Part VI Page 4 of 5 Pages
Permit No. NCS000166
31, 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.
32. Total Maximum Daily 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.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. 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.
35. Vehicle Maintenance Activi
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
36. 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.
37. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part VI Page 5 of 5 Pages
o�oF W ATFgQG
7
o -c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
DATE: March 10, 2008
TO: Daily Reflector
NUMBER: 252-752-9583
FROM: SARAH YOUNG, DIVISION OF WATER QUALITY, 919.733.5083x502
SUBJECT: PUBLIC NOTICE
PAGES: 1
Coleen H. Sullins, Director
Division of Water Quality
Please publish only the Information (Public Notice) below, ONE TIME in the legal section of your
paper by Tuesday, March 18, 2008. 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
Avoca, Inc., PO Box 129, Merry Hill, NC 27957 has applied for an NPDES Stormwater Permit
(NCS000134) to discharge stormwater associated with industrial activities at a facility located at Avoca,
Inc., 841 Avoca Farm Rd, Merry Hill, NC, Bertie County, The facility discharges to waters designated as
Salmon Creek, within the Chowan River Basin.
Perdue Farms Inc., PO Box 460, Lewiston Woodville, NC 27849 has applied for an NPDES Stormwater
Permit (NCS000166) to discharge stormwater associated with industrial activities at a facility located at
Perdue Farms Inc - Lewiston, 3539 Governors Rd, Lewiston Woodville, NC, Bertie County. The facility
discharges to waters designated as the Roanoke River, within the Roanoke River Basin.
Copies of the draft permits, Numbers NCS000134 and NCS000166, are available by contacting:
Robert Patterson
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Telephone Number: (919)-733-5083, extension 360
robert.patterson@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 April 18, 2008. 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 numbers NCS000134, or NCS000166.
IV3w
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N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-8053 Customer Service
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19'67 17.83�
0.. BO)e
M6 it up fid lick 'U'"i'
rVOUE
OF NOI
AvacA Inc. PO Box 129,
Merry Hill, NC 27957 has
applied far an NPOES Storm -
water Aermh (Nt:5tl4DIN to
dkscharge storneuatCr ano,
elated with industrial actrYi-
ties at a farWity Ixated at
Avoca, Jnt, B41 Avoca Falm
Rd, Mmy Hill, NC, Berne
County, Tha Wlittr dhdla"
to waters deslgrsated as
Salmon Creek, WMIn the
Chowan River Basin.
perdue Farms mr- PO Box
460, Lewiston Woodville. NC
27849 has applied for an
NPD% Stormwiter Permit
(N0t1001W to disrbarge
stormwater astodated vnlh
industrial 4COv#tles at a
facility located at Pardue
Farms Inc - lxwiston, 3539
Gawrners Pd tWstan W00*94,
NC, lfertte County. The facil-
ny discharges to waters
tleeslgnated as the Roanoke
Rlvcr, within the Roanoke
RW Win.
Copies of tha draft p�rmi%
Numbers NCSM0134 and
NW0.1% are available by
(919y 733.5083, ofiMsion 360
r65ert.patlersanierlt'mailrra#
lfettons rishing to Comment
upon or object to tht pro-
posed determination are
invited to submit their
comments '�n wrldng to the
above address no later than
Apeil M ZDDL All cam•
fonts received prior to that
date will be considered in
the ftna) determination
regarding permit Wuanca,
All comments and regmTh
should reference draft per-
mit number; Nt5400t34- or
NCMI66.
March 12, 2009
The
, ctor
8 8.2 2" 0 0 �7 ..
r
P.O. Box 1967, Greenville, NC 27835-1967 (252) 329-9504
F
1D MAIL SSERVICE CE
NCS000134, NCS000166
CopyLine:
NTER . � .__;.�� _.
"Etna§: 62
Total Price: $91.16
RALEIGH, NC 27699-1617 Pay this amount due in 10 days
Account: 146891 AD ID: 252230
PUBLISHER'S AFFIDAVIT AD ID: 252230
NORTH CAROLINA
PITT COUNTY:
Kim Little affirms that she is clerk of The Daily Reflector, a newspaper published daily at Greenville, Pitt County, North
Carolina, and that the advertisement, a true copy of which Is hereto attached, entitled NCS000134, NCS000166 was
published in said The Daily Reflector on the following dates:
Wednesday, March 12, 2008 Page: C5
and that the said newspaper In which such notice,
paper, document or legal advertisement was published,
was at the time of each and every publication, a
newspaper meeting all of the requirements and
qualifications of Chapter 1, Section 597 of the General
Statutes of North Carolina and was a qualified
newspaper within the meaning of Chapter 1, Section
597 of the General Statutes of North Carolina.
1FAM MM �
Affirmed and subscribed before me this 18 day
of March 2008
(Notary Public Signature )
(Notary Public Printed Name)
My commission expires l -n Z-Q%1
1
O
cc
PU811C NOTICE
STATE OF NORTH CAROLINA
ENVIRONMENTAL
MANAGENENr COMMISSION
1617 MAIL 50MCE CENMR
RAWGH, NORrH CAROLINA
27699.1617
Avoca, Inc., PO Box 129,
Merry Hill, NC 27957 has
applied for an NPDES Storm -
water Permit (NCS000134) to
discharge stormwater asso-
dated with fndwirlal activ€-
ties at 'a facility located at
Avoca, Inc, 841 Avoca Farm
Rd, Merry Hill, NC, Bertle
County, the fa:ilily &%barges
to waters designated as
Salmon Creek, within the
Chowan Rh+er Basin.
Perdue Farms Inc, PO Box
460, Lewiston Woodville, NC
27849 has applied for an
NPDES Stormwater Permit
(NC5000166) to discharge
stormwater associated with
Industrial activities at a
facility located at Perdue
Farms Inc - Lewiston, 3539
Comma Ild, Lessdslon Woodvllk
NC Bertle County. The facll-
Ity discharges to waters
designated as the Roanoke
River, within the Roanoke
River Basin
Copies of the draft pperml%
!Numbers NC5000134 and
NCSO00166, are available by
contacting:
Robert Patterson
NC O7Alc t of Water Quality
1617 Mail Service Center
Raleigh NC 27699.1617
Telephone Number:
(919) 733.5083, exitt6on 3W
robertpattersorifterailnet
Persons wishing to comment
upon or object to the pro-
posed determination are
invited to submit their
comments In writing to the
above address no later than
April 19, 2008, All corn -
mean received prim to that
date will be considered in
the final determination
regarding perrM Issuance.
A!1 comments and requests
Muum Movcmr wan Flo,-
mit numbers NCS000134, or
NCS000166.
Mardh 12, 2008