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HomeMy WebLinkAboutNCS000201_FINAL PERMIT_20130326^._—_-STORMWATERTDIVISfONTCODING-SHEET__-- PERMIT NO. /\jC:S�,2�} DOC TYPE 3a7FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ a bi � 01 '2L YYYYMMDD �YA ftcEMR Nord, C/ arolina Department of Envirorimenl Line! NLtILD'al Resoul'Ces Division of Water QLIaiity Pat McCrory Charles Wakild, P. E. Governor Director March 26, 2013 Sharon A. Myers, L.G. Environmental Compliance Officer The University of North Carolina at Chapel Hill Department bf Environmental; Flealth & Safety 1120 Estes Drive Ext., CB# 1650 Chapel Hill, North Carolina 27599-1650 Subject: Final NPDES Stormwater Permit Permit NCS000201 The University of North Carolina at Chapel Hill Orange County Dear Ms. Myers: John Skvarla Secretary In response to your renewal application for continued coverage under NPDES stormwater permit NCS000201, 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 .I and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). 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 orthe 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. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or any other Federal, State, or local governmental permit that may be required. --id ;fcifn .;riwo f ,,r, 5 11 :�,,t�' ....fl'If. RG „r� rat„Ili' aUii!'n.. •,J: i„17 r3ii0 i� 11. :' ",f't:fp �1 .d!^.•'r i:Gah ` �: �Ll �:: „!n �hn.�p. ,i. .�, I�.[i:n^.rj't. �t:•.�', , �: i.�'n'n, ja.rvrrr ''.!'i1 Sharon A. Myers March 26, 2013 Page 2 of 2 Ifyou have any questions or comments concerning this permit, contact Mike Randall at (919) 807-6374 or milce.randallGii(,,denr.gov Sincerely, for Charles Wakild, P.VE., Director cc: Raleigh Regional Office, Water Quality Section Stormwater Permitting Unit Central Files Attachments: NCS000201 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY Permit No. NCS000201 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, University of North Carolina at Chapel Hill is hereby authorized to discharge stormwater from a facility located at UNC-CH Hazardous Materials Facility 1000A Estes Drive Extension - Buildings 488 & 531 Chapel Hill, Orange County, North Carolina 27599-1650 to receiving waters designated as an unnamed tributary to Bolin Creek, a class C-NSW stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, Ili, IV, V and VI hereof. This permit shall become effective April 15, 2013. This permit and the authorization to discharge shall expire at midnight on April 14, 2018. Signed this day March 26, 2013. for Charles Wakild, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission a Permit No. NCS000201 TABLE OF CONTENTS lgalI t G111ettf]a Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART lI MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability i . Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability b. Property Rights 7. Severability S. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Permit No. NCS000201 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 8. Twenty-four Hour Reporting 9. Other Noncompliance 10, Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS I Permit No. NCS000201 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure 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 I of 2 SECTION C: LOCATION MAP Permit No. NCS000201 Part I Pagel? of 2 Permit No. NCS000201 PART If MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: -STORMWATER POLLUTION PREVENTION PLAN The permittee shall maintain and implement 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 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. b. A description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A 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 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. Part 11 Page 1 of 9 Permit No. NCS000201 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. A Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. b. Secondary Containment Requirements and Records. Secondary containment is required for 1) bulk storage of liquid materials, 2) storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, and 3) 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. A description of Best management Practices (BMPs). The need for structural BMPs shall be based on 1) the assessment of the potential of sources to contribute significant quantities of pollutants to stormwater discharges and 2) 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 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 specific. Therefore, an oil SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the Part I I Page 2 of 9 Permit No. NCS000201 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. The program shall document schedules of inspections and maintenance activities of stormwater control systems and equipment. 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 provided at a minimum on an annual basis. Training shall include 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. 6. Responsible Party. The 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 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 11I, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Inspections bf 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 facility inspection program shall include a description of the facility's stormwater control systems and equipment. The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, the individual(s) making the inspection, and any observations. Records of these inspections shall be maintained with the Plan. These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part 11 of this permit. 9. Documentation. The permittee shall document all monitoring, measurements, inspections and maintenance activities, observations and actions taken, training provided, and sampling data. 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 3 of 9 Permit No. NCS000201 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a 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). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DWQ Regional Office. See Definitions. Table 1. Analytical Monitoring Requirements Discha raa sueiluen Me Mr- semi-annual Grab on SDO Chemical Oxygen Demand m L BOD5 m L semi-annual Grab SDO Total Suspended Solids m /L semi-annual Grab SDO Non -Polar Oil & Grease 1 TPH EPA Method 1664 SGT-HEM mg/L semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain Gauge - New Motor Oil Usages gallons/ month semi-annual Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event. 2 Sample collection must begin within the first 30 minutes of discharge and continue to all outfalls until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the DWQ letter granting ROS must be kept on site. DWQ's ROS letter remains in effect through the subsequent reissuance of this permit and as long as the pertinent site conditions and operations remain unchanged, unless the ROS letter provides for other conditions or duration. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. All analytical monitoring shall be performed during a measurable storm event at each stormwater discharge outfall (SDO). 5 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 estimate the new motor oil usage in gallons/month. "art l l Page 4 of 9 Permit No. NCS000201 The permittee shall complete the analytical samplings in accordance with the schedule specified in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted as part of other requirements of this permit. Inability to sample because of adverse weather conditions must be documented and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part ill, Section E). Sampling is not required outside of the facility's normal operating hours. Table 2. Monitoring Schedule onitoring er01"iodl .r Year I -- Period 1 Sam le miber 1 S aEn January 1, 2013 a U June 30, 2013 Year I — Period 2 2 July 1, 2013 December 31, 2013 Year 2 — Period 1 3 January 1, 2014 June 30, 2013 Year 2 — Period 2 4 July 1, 2014 December 31, 2014 Year 3 — Period 1 5 January 1, 2015 June 30, 2015 Year 3 — Period 2 6 July 1, 2015 December 31, 2015 Year 4 — Period 1 7 January 1, 2016 June 30, 2016 Year 4 -- Period 2 8 July 1, 2016 December 31, 2016 Year 5 — Period 1 9 January I, 2017 June 30, 2017 Year 5 — Period 2 IO July 1, 2017 December 31, 2017 Footnotes: Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual monitoring until the renewed permit is issued. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. Failure to monitor semiannually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall or inability to collect a sample because of adverse weather conditions during a monitoring period does not constitute failure to monitor, as long as it is properly reported. The permittee shall compare monitoring results 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). Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and Tier Three response actions below. In the event that DWQ releases the permittee from continued monthly monitoring under Tier Three, DWQ's release letter remains in effect through the subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Part I Page 5 o 9 Permit No. NCS000201 Table 3. Benchmark Values for Analytical Monitoring Requirements Discha �haracteri mical Oxygen Demand 7BOD mar 120 mg/1 5 x 30 mg/1 Total Suspended Solids 100 mg/1 Non -Polar Oil & Grease / TPH by EPA Method 1664 (SGTHEM) 15mg/1 pH 6 — 9 standard units' If pH values outside this range are recorded in sampled stormwater discharges, but ambient precipitation pH levels are lower, then the lower threshold of this benchmark range is the pH of the precipitation (within instrument accuracy) instead of 6 S.U. Readings from an on -site or local rain gauge (or local precipitation data) must be documented to demonstrate background concentrations were below the benchmark pH range of 6-9. If: The sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value 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 11 Page 6 of 9 Permit No. NCS000201 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: l . 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. Benchmark exceedances for a different parameter separately trigger a tiered response 5. Maintain a record -of the Tier Two response in the Stormwater Pollution Prevention Plan. If: During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to: • require that the permittee revise, increase, or decrease monitoring frequency for some or all parameters; • rescind coverage under the General Permit, and require that the permittee apply for an individual stormwater discharge permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. This site discharges to impaired waters experiencing problems with impaired biological integrity. If a Total Maximum Daily Load (TMDL) is approved for this segment of Bolin Creek, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the 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. Parti 1 Page 7 of 9 Permit No. NCS000201 SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Plan and assess new sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). Qualitative monitoring is not required outside of the facility's normal operating hours. Table 4. Qualitative Monitoring Requirements aDischarge haracteristi'c Color re u c, f semi-annual Monitor In a on SDO Odor semi-annual SDO Clarity semi-annual SDO Floatin 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 Frequency: Twice per year during a measureable storm event. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal process. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the pennittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Plan. Part 11 Paf;e 8 of 9 Permit No. NCS000201 Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, assessing new sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DWQ may but is not limited to: • require that the permittee revise, increase, or decrease monitoring frequency for some or all parameters (analytical or qualitative); • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. Part I I Page 9 of 9 Permit No. NCS000201 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this general permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 111, Paragraph 2(b) of this general 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 general permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41 ]. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the general permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 13 l 9(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a Part Ill Page] of l n Permit No. NCS000201 knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation,, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment ofnot more than 30 years, or both. An organization, as defined in section 309(c)(3)(13)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] £ Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any o1'such sections in a permit issued under section 402 of this Act. Administrative penalties for Class 1 violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class 11 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 3. Duty Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this 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. Part III Page 2 of 0 Permit No. NCS000201 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. S. 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 than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41 ]. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this 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. Part III Page 3 of 10 Permit No. NCS000201 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. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory 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. Part II I Pap 4 of 10 Permit No. NCS000201 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 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. c. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification Revocation and Reissuance or Termination The issuance of this individual pen -nit 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. Part Hf Page 5 of 10 Permit No. NCS000201 SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this 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. 3. ByRassing of Stormwater Control Facilities a. Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: 1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and , 2) There were no &-asible 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 3) The permittee submitted notices as required under, Part III, Section E of this permit. b. 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. Part III Page 6 of 10 Permit No. NCS000201 SECTION D: MONITORING AND RECORDS I. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recordiny, Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shal I 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 £ The results of such analyses, 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this 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. 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 Part III Page 7 of 10 Permit No. NCS000201 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 Ent►y 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. ' I Part III Page 8 of 10 Permit No. NCS000201 SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports a. 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. b. 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. 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, o�ports 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 Chan es The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants Part II I Page ? of 10 Permit No. NCS000201 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 Rel2ortLng a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. b. 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. c. 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. 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 1 O of 10 Permit No. NCS000201 PART IV LIMITATIONS REOPENER This individual permit 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 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. Parts 1 %' Page I of I Permit No. NCS000201 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. Parts V Page l of 1 Permit No. NCS000201 PART VI DEFINITIONS Act See Clean Water Act, 2. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. 3. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 4. 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. 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. Part VI Page l of 6 Pages Permit No. NCS000201 6. 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. 7. 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. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. 10. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. 12. 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. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. Part V I Page 2 ot_ 6 Pages Permit No. NCS000201 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DWQ Regional Office. Two copies of this information and a written request letter shall be sent to the local DWQ Regional Office. After authorization by the DWQ Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. 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 C1~R §122.26(g). 18. 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. 19. Permittee The owner or operator issued a permit pursuant to this individual permit. 20. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part VI Page 3 of 6 Pages Permit No. NCS000201 23. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfalI 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. 24. 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. 25. 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. 26. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and C. 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 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. 27. 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. Part V 1 Page 4 of 6 Pages Permit No. NCS000201 28. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 29. 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 1 ] 7.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 30. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 31. 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. 32. 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. 33. 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. 34. 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. Pars V I Page 5 of 6 Pages Permit No. NCS000201 35. 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. 36. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 37. 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. 38. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 39. 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. 40. 25- ear 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part V ° Page 6 of 6 Pagc..