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NCS000360_HISTORICAL WITH APPLICATION_20100716
--�-STORMINATER"DIVISfON-CODfNG SHEET- PERMIT NO. DOC TYPE 0 FINAL PERMIT ❑ MONITORING INFO gr APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ JNGO--))� YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 16, 2010 Mr. William Stienmetz National Institutes of Environmental Health Sciences PO Box 12233 (MD A0-03JI Research Triangle Park, NC 27709' Dear Mr. Stienmetz: Dee Freeman Secretary S abject: Response to comments - Draft NPDES Stormwater Permit Permit No. NCS000360 National Institutes of Environmental Health Sciences Durham County The Division of Water Quality's (DWQ) Stormwater Permitting Unit (SPU) received a comment letter regarding Draft Permit NCS000360 on July 6, 2010. After conferring with the Raleigh Regional Office, the Stormwater Permitting Unit responds to your comments as follows: Q: "The compliance schedule in Part III, Page 1 of 8 states that existing facilities applying for a permit renewal shall annually update the stormwater plan. How much time is the NIEHS allotted in order to update the existing plan, which was revised in June 2010?" A: As the NIEHS updated the plan in June of 2010, an updated version should be completed for June of 2011. Q: "The NIEHS would like to have the 27-acre NIEHS Lake incorporated into the receiving stream name". A: ' The NIEHS Lake is not a classified water body; therefore we cannot add this name as a receiving stream. The receiving body must be designated as an Unnamed Tributary (LIT) to Burdens' Creek. Q: "The NIEHS was granted representative outfall status for the Building 108 outfall. We would Iike to have the sample location designated as ROS instead of stormwater discharge outfall (SDO) in Table 1..." A: In an email from Bill Stienmetz dated April 24, 2009, Mr. Stienmetz stated "We have not been able to locate the letter from NCDWQ that granted representative outfall status." The responsibility of showing representative outfall status rests with the permittee. Additionally, ROS may be revoked if the process or discharges change, or if DWQ otherwise deems appropriate. As the NIEHS was not able to locate a letter stating that they have obtained it, please fill out and return the enclosed ROS form to the DWQ Raleigh Regional Office, attn: Mack Wiggins. The form can also be found on our website: http//portal.nedenr.org/web/wq/ws/su/npdessw The designation as SDO in the Analytical Monitoring Requirements is standard practice in DWQ SPU's permit issuance and does not prevent permittees with ROS status from using that status. Additionally, using the "SDO" notation allows DWQ to continue using the current version of the permit if outfall statuses change without a permit modification includin the public notice process). �' 7�` � r_ - �- `" p(including P P D-. (G t I� ' Wetlands and Stormwater Branch Ft 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 } i e� r� f i One Location. 512 N. Salisbury St. Raleigh, North Caroiina 27604 t V¢7L L L 2010 NorthCal ofina Phone: 919-807.6300 I FAX: 919.807-64941 Customer Service:1-877.623.6748 Naturally Internet: www.ncwaterno-;;W.org — — -- An Equal Opportunity lAft4rr.:LnvcAction Employer Mr. William Stienmetz . National Institutes of Environmental Heal Sciences Permit No. NCS000360 Q: The qualitative monitoring requirements have been changed and the stormwater visual evaluation is now to be performed during a representative storm event in conjunction with analytical monitoring. Does this mean that the qualitative monitoring must also occur with the first 30 minutes of discharge? In addition, the NIEHS requests approval to continue performing the qualitative.' monitoring at the representative outfall location ;only. A: The intention of this permit Ianguage was that the qualitative monitoring should be done at the sume time as the analytical. Please monitor the discharge within _the first 30 minutes. Additionally, it is standard language in all of our general and individual permits that qualitative monitoring be.., performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Please continue to monitor all of your outfalls for qualitative parameter regardless of ROS. If you should have additional comments, please submit them to the Division of Water Quality Stormwater Permitting Unit by July 30, 2010. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6379 or jennifer.jones@ncdenr.gov cc: Raleigh Regional Office, Mack Wiggins,.,. Central Files Stormwater Permitting Unit Attachments Sincerely, Jennifer Jon6s " Environmental Engineer Stormwater Permitting Unit 2 FACILITY: COUNTY CITY: PERMIT NUMBER Permit Information that needs to be Incorporated into Future Permit Revisions. DATE COMMENTS rf a cep L AiA . . NCDENR North Carolina Department:of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director ! Secretary June 18, 2010 Mr. William Stienmetz. } National Institutes of Environmental Health Sciences ;� [ ,M 2 1 2010 PO Box 12233 (MD AO-03): Research Triangle Park, NC 27709 Subject: Draft NPDES Stormwater Permit Permit No. NCS000360 . National Institutes of Environmental Health Sciences Durham County Dear Mr. Stienmetz: Enclosed with this letter is a copy of the draft stormwater permit for your facility.' Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. . The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes- 1. AnalyticaI monitoring parameters have been added to this permit. '2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B.' The permittee must also document the total precipitation for each event. If no discharge occurs durii g 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. Additionally, samples must be taken a in. inimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. 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. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. 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 facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part Il Section B. Qualitative monitoring is required regardless of representative outfall status. �_. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) Wetlands and Stormwater Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NOI t�1Cal'0�1Iia Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-t3Q7-&3001 FAX: 919.8W Avuially -64941 Customer Service: K` Internet: www.ncvaterqualit .org An Equal Opportunity 1 Affirmative Action Employer Mr. William Stienmetz . National Institutes of Environmental Healfh Sciences Permit No.' NCS000360 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Monitoring for TPH has replaced Oil & Grease. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: 1. AdditionaI guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is.impaired and if it has a TMDL established. It must also describe potential pollutants i'll"`:` iiAacli'outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention PIan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft 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. Additional information is provided in Part I Section A. 6. This site discharges to the Jordan Lake Watershed which is experiencing problems with nutrients (Nitrogen and Phosphorus). A TMDL was approved for the B. Everett Jordan Reservoir in 2007 for a development strategy to control nutrients and meet the state chlorophyll a standard. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the ' poIIutant(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. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6379 or jennifer.jones@ncdenr.gov cc: Raleigh Regional Office, Mack Wiggins Stormwater Permitting Unit Attachments Sincerely, Jen ' er Jones Environmental Engineer Stormwater Permitting Unit 2 Kv;w"11111� A�.�r. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor D7 rector Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: National Institutes of Health, Nationai Institute of Environmental Health Sciences NPDES Permit Number: NCS000360 Facility Location: I I I T.W. Alexander Drive, Research Triangle Park, NC USA 27709 P.O. Box 12233, Research Triangle Park, NC 27709., NC (Durham County) Type of Activity: Health Research, Environmental Research SIC Code (if applicable): 9199 Receiving Streams: See Figure 1 River Basin: Cape Fear River Basin, Sub -basin 03-06-05 Stream Classification: WS-IV, NSW Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table I Response Requested by (Date): May 26, 2010 Central Office Staff Contact: Return to: Jennifer Jones, (919) 807-6379 Special Issues: Issue Rating Scale: 1 eas to 10 hard Compliance histoa 5 Benchmark exceedance 5 Location (TMDL, T&E species, etc) Other Challenges: i:c.)S:' 5 Difticuliv Rating: 22/40 .Special Issues Fxplauation • Cannot find old permit in the file or in central files., although letter from A. Lau stating that permit application is complete. o Need to get permit from pemittee. • Need to add Neuse NSW Language in cover letter • Need to explain No Exposure denial itt cover fetter i • Had Aluminum cxceedences. i f • in Jordan Reservoir Watershed , . :I MAY I min sage„ vf;il. 1'* ; O NCS r • Root [ rains come from incinerators - therefore keep 624/625 in permit. Description of Onsite Activities: • Health Research. Environmental Health Research • The mission of the NIEHS is to reduce the burden of human illness and disability by understanding how the environment influences the development and progression of human disease. • Many lab chemicals on site to perform research on diseases and environmental stressors • Current/past research: Lung disease PCBs Benzene research diethylstilbestrol (DES) Breast cancer Human Development and Reproduction Asbestos The National Toxicology Program Cadmium Report on Carcinogens Alzheimer's Disease Lead immune Function Cancer Research Pesticide exposure Documents Reviewed: (Not available to review in file) • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU File o Have all data that is in file • Central Files o Monitoring data but no copy of last/current permit. • EPA Sector -Specific Permit. 2008 • 303(d) List. 2008 draft, 2006 final • 2008 (draft) Yadkin Pee -Dee Basinwide Plan • BiMS o No other permits found in BINIS. • TRI/EPA Etivirofacts Warehouse o Cannot find any entries on NIEHS in NC. One in MD but that is all. History: • Facility started in 1978 • Date permit First issued: 6/31/1997 Haz waste TSD in bldg 106 closed down 10/29/1999. Outfall 1 was related to this bldg. Since that time outfall 1 has not been sampled. • 1999: Bldg 108 was completed. New chemical storage blg. Old Chem Storage bldg (103) will no longer be used to store hazardous chemicals. • Date permit re -issued: Expired , 6/30/2002, 5/7I07 • Date permittee submitted renewal application: 5/3/2007 • Applied for No Exposure September 24, 2008. • RRO Site visit: 3/20/09. Due to hazardous waste storage, lots of 55 gal drums, 3 oil/water separators, above ground fuel oil storage -tank containment areas, Aluminum exceedences in past monitoring, and loading/unloading of liaz waste area the site was ineligible for no exposure. RRO recommended to reissue permit and not issue No Exposure. o Spoke with RRO - recommended Monitoring for: • Oil & Grease. ■ 624 • 625 ,. 6 COD Page 2 of 13 NCS000360 Figure 1: ;11ap of Facility , r �r S f. ({yam .,�. • �� �. _ `.i , �` . , �j� ,'.;- ' ems,, � . �. 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IZq,—.i.t2r � r""� . �... NCS000360 y. Mai Scale 1: ?0, 364 United States Government Nat. Inst. of Env. Health Durham, NC Latitude: 35° 52' 58" N Longitude: 7V 52' 34" W County: Durham County Receiving Stream: UT to Burdens Creek Stream Class, WS-IVr NSW Sub -basin: 03-06-05 (Cape Fear River Basin) Facility Location Page 4 of 13 �, •. N:CS000360 Central Office Review Summary: 1. Owner's Other Permits: • No non -discharge permits. • No other permits in B1MS 2. General Observations: o RRO site visit: lots of 55 gal drums, 3 oil/water separators, above ground fuel oil storage tank - containment areas, loading/unloading of haz waste area the site was 'ineligible for no exposure, RRO recommended to reissue permit and not issue No Exposure o Other: Aluminum exceedences in past monitoring, 2000 gal cap E85 tank, 4000 gal fuel oii tank, 1250 gal emergency generator day tank. Dispense fuel for NIEHS fleet vehicles. Tanks are double walled. o Haz waste: NIFHS operates Chem. waste TSD facility in bldg 108. Dock has trench drain for containment of spills. Before 2006 trench drain was open all the time. Atler 2006 trench drain was replaced to make easier and to be able to maintain and keep closed at all times. Trench drain is visually inspected before being released. 1, Haz Waste TSD closed down in Bldg 106? 3, Invainnent: 303(d), Basinwide Plan recommendations... o NIEHS outfall discharges to the -NIEHS Lake" then to Burdens Creek (16-41-1-17-1(0,7)), Burdens' Creek is not listed on 303D list or have TMDL. However, Burdens' Creek discharges to Northeast Creek (16-41-1-17-(0.7)a WS-FV water body (in 03-06-05) in approx 0.65 miles from where N1EI-1S discharge enters into Burdens' Creek, Northeast Creek at this segment has a TMDL for Fecal Coliform, It also is on the 2010 303D list and is impaired for Aquatic Life (due to Copper, 'Turbidity, and Low DO). o Jordan lake 'I'MDL: Chlorophyll a o In Jordan Lake Watershed — TMDL for TN and TP. 4. Threatened and Endangered: No Endangered aquatic animal species were found near the NIEHS Site. Only plant species were , However, Carele"?)title ClolwlLvFvli 131-lt1011 J',1CLdtMi%'C or obligate wetlati t plant. 5. Location: o Location isjust upstream of WS-1V, not clear if it is draining to C or WS-iV. o Drains to NIEIIS Lake — which is not on NC water bodies list o Has TMDLS o There are 2 locations of the facility — appears to have more locations 6, Industrial Changes -Since Previous Permit: o Haz Waste TSD closed down in Bldg 106? o Reduce flow of SW into NIEHS lake by addition of rip -rap. o Installation of a 2000 gal capacity E85 Storage tank, a 4000 gal fuel oil Storage tank, and a 1250 gal emergency generator day tank. E85 provides alternative fuel fir NIEHS fleet ol'vchicics. E85 is doublC- walled and includes overfill alarm. Oil storage tank and generator day tank are double walled. Piping us double walled as well. o Bldg 108 has treltch drain for containment spills. Parking lot is graded to draw water away from. structure and minimize volume of SW. Trench drain has a new lock on valve and remains closes which is a new practice. Rainwater is visually inspected before releasing. Page 5 of 13 NCS000360 7. Analytical_NIonitoring, Notes: o There have been a number of exceedences in Aluminum, and one in C()D. Monitoring was only° r•cquircd ill the IIrSt and Iast year of the perinil — quarterly. This will change in the new permit to scnli- allnuallV. o When 624 and 625 were tested — outfall 2 exceeded Hunian Health I -or PAHs and Freshwater Standards for Fluoranthene. 624 and 625 need to be continued. o COD will be kept in the permit. BOD will also be added as Chlorophyll a is part of the 'FMDL for Jordan Lake. o Jordan Lake Rules and Jordan Lake TMDL, require monitoring of TN and TP to identify existing pollutant sources in these watersheds. These will be added to the permit. See attached information on Jordan Lake Rule Summary and Jordan Lake Rules for more information in background. o This site may be a good candidate for monitoring acute toxicity of sw — especially coming; from roof drains where incinerators are exiting above those roofs. However. we are not ready to incorporate acute toxicity monitoring into this permit as of yet, and I think that we should see how it works at other facilities and perhaps implement in the next monitoring scheme. o R110 needs to re-evaluate representative status. 8, Qualitative Monitoring Notes: o 8 Petroleum spills since 1978, 9. Other: o ROS was granted for outfalls — see Q/A section of this document below. PRO has been to the site recently and initiated. recommended and Was the entity to grant ROS. See Answers below in the Q/A section of the document for more details. Central Office does not want to second-guess the RRO, but would, like to recommend that the outfall from the pond also be monitored. Please call the central office regarding the placement of monitoring [also sent message to KROj, o Burden's creek was changed ti•oni class C to WS-IV Page 6 of 13 NCSOOO-16 ) Table l: Analytical !Monitoring Sample Date Total Flow (MGD) Precipitat ion (in) Duration (hours) Aluminum COD pH 624 625 Benchmark: Benchmar Benchmar Benchmar Benchmar .75 mg/L k: k: k: k: 120 m /L 6-9 m /L X m 1L 1 X m /L Outfall 1 7116i1998 0.023 2.14 5`9.88= 41 479 ND 11/2/1999 0.0013 0.43 9 V 6'A7� r`= 49 7.79 ND 10/12/2000 0.0006 023 7 ,., 1'.99-�, NR? NR? ND 12/10/2001 0.0075 1.37 15 7 1N1j . A 78 7.6 ND -see .attached sheet 8/9/2005 0.0161 3 0.419 11 7.4 12/28/2005 0.0012 0.21`•5== 63.4 7.1 2/22/2006 0.0012 0.21 0.598 27 6.1 4/17/2006 0.0017 0.31 0.483 59 6.9 Outfall 2 7/16/19981 0.055 1 2.14 1 5 ND r3X =E `.'ry 4r^ Over Current Benchmark .,e Data Not Collected Page 7 ol' 13 see below 0 n LJ Date Outfail Pollutant CAS # Detection Freshwater wgier &gcater Supdy IV man He -out Wate High Quali Swamp nvms & Othe Carcinogen teference Sot Units = um Aguatic Life Lrfe MHI Tllr Naters (HQWNaters 5W I UgA U91 ugl ug/ Ugl ug/ 625 711611998 2 Acenaphthylene 208-96-8 10.3 (non-carcinog N 625 7/1611998 2 Benz(a)Anthracene PAH 56-55-3 10.3 0.0028 - 0,0311 Total PAH's PAH y NC 625 7116/1998 2 Benzo(b^ioranthene 17,2 0.0028- 0.0311 Total PAH's PAH y 625 711611998 2 Benzo(k)Fluoranthene 35,3 0.0028 " 0.0311 Total PAH's PAN y 625 711611998 2 Chrysene 39.2 0.0028 - 0.0311 Total PAH's PAN y NONRWQC [ 625 7/1611998 2 Dibenz(a.h)Anthracene 112 0.0028 0.0311 Total PAH's FAN y 625 7/1611998 2 Benzo(a)Pyrene -23.3 0.0028 - 0.0311 Total PAH's PAH y 625 711611998 2 Ftuoranlhene 206-44-0 0.11 0.22 625 7/16/1998 2 Indeno(1,2,3-cd)Pyrene - 20:8 0.0028 - 0,0311 Total PAH's PAH y 625 7/16/1998 2 Phenanthrene 28.6 LO LD n 625 7/16/1998 2 Pyrene 61.2 830 4000 n Higher than human health benchmark that we have (stream goes to WS) mark i O Pagc Y of 1 .. "%CS000360 ! • Revised Permit Recommendations: Analytical Monitoring: 1. Adding to Permit: Oil & Grease, 624, 625, BOD, TN, TP, Al, pH. 2. Remaining in Permit: COD, pH, Aluminum, Qualitative 3. pH has been added to the analytical monitoring requirements. 4. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part '11 Section B. The permittce must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No blow" within 30 days of the end of the six-month sampling period. Additionally, samples must tie taken a minimum of 60 days apart, as specified in Table 2. 5. Berichntarks for analytical monitoring have been added to this draft permit. E;xcccdanccs 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. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. 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 facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier I and also immediately institute monthly monitoring fir all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 6. The pennittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 7. The permittee is responsible for all monitoring until the renewal permit is issued. Sec: Footnote 1 offables 1, 4, and 5. 8. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however,) 9. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: I . Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated snore explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to m ensure that they do not contain non-storwater discharges. Additional information is provided in Part 11 Section A. 2. Additional requirements for the Stormwater Management Pian have been specified in Part If Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stonnwater Pollution Prevention Plan have been specified in Part it Section A, The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharues. 1. The facility must now implement a semi-annual !Facility Inspection Program of the site's stormwater management controls as specified in Part Ii Section A. information regarding the No Exposure Exclusion has been added to this draft permit. If industrial ttiaterials and activities arc not exposed to precipitation or runofl'as described in 40 CFR ti I22.26(g), the Eitcility may qualify for a NoExposure Exchision from NPI)ES stormwater discharge permit requirements. Additional information is provided in Part I Section A, Page 9 of 13 NCS000360 • Discussions with permittee: Bill Stieninetz r"a! NIEHS, Environmental Compliance Specialist. Q1 Q-541-4234 Called April 15, 2009. Left 11lessa2C. Notes on NIEHS conversation �vitl Bill Sticilinetz. April, 2009, Their permit was up for renewal — approaching 2 years. And tiley found out about nu exl:losure certification in meantime; but have waste handling facility. Had some elevated alunlinuill readings — sand that was supplied t01. ice? Tliey ]lave 40 million bTLJ bailers and 3 incinerators: 1 that pins N1,W, Th and 2 that rarely runs — niavbe 4 days a quarter nlax. Last year they incinerated . They ]lave a scrubbers on the main one. The plain 011e is for the waste treatment for the lab (lab waste, animal carcasses (small waste). animal bedding (#I), non -regulated chemical, very slitall anhnunt of medical waste) others are decayed radioactive— P32 — isotopes that have a short half life. Boiler~: 3 boilers are each 40 million btu — they are natural gas with fuel oil 412 as a backup. Natural gas is piped — fuel ail has secondary Containment. I`CVer used coal. They had 2 old boilers that Could haVC burned coal and oil brit it was reported that they did not -- alid they have since been reinoved. Q. 14,71ot types o things wre the lab wusti Notre is haz waste. Packaging. paper. glass. they encourage recycling but not all, recycling, small amount of municipal waste.. They have a chcinical waste pickup — and all chemical waste goes to a system — they take out to a dock area and it goes to building 108 — there determined if they can store or burn or sent offsite. What kinds of things would they burn? Media, buffers (from running gels). Etc. Liquids froin research goes to either pathological or municipal solid waste. Any not chemical is municipal solid waste and goes to the uhcinerator. Q,- Bacot is cousid,!ivd to be c•Iremic al? ,any used liquid that is not needed — or is used. That is picked tip by contract agency. That all goes to 108 for Sorting. Typically they do not nil.`{ -- give to waste in the sane container or by adding-tlle Same Ina€erlal, 1. What other permits do you have? Have Air duality permit with NC. 1-lave RCRA permit. Ilave a local discharge permit with Durham County for waste water. NRC license — use of radioactive materials. 2 of AST have a certificate of registration — Art Mouberry in DWQ -- That is a one-time registration and certificate of registration for facility in Aquifer protection. For Durham County have a class D Haz Materials permit with Durham County hire Marshalls office. No NPDES W W permit. Their WW goes into pipe to the county. They have some small pre-treatment (grease traps, Hg removal for incinerator, and silver trap for photo lab). But no large pre-treatment or package plant. 2. Q: Please send a copy of your permit and tell me what you are currently monitoring for as we do not have one in the tile. a. ANSWER: He has the old permit and will scan and send to me has seen the representative OUtfall status letter and will look for and try to send to me. 3. Q: What is the frequency of monitoring using 624 and 625? a, ANSWER: Not any more. 4. Were the things you tested for in 624 and 625 standard for those tests or were they tests for what you were using? a. He does not know why they were tested for. b. They had a large oil spill in 1990. Could be because of this. c. In current permit have COD, Al and pl-1. Ile will send me the copy of the old permits as well. Page 10 of 13 ' , . �iCS000360 • 5. Q : Please describe otutfall paths and discharges to these areas: a. Roofdrain discharge: directly to storm drains into underground to NIFHS lake b. 1-laz waste areas: To trench drain. c. Oil water separator: piped to N1EHS lake d. Retenti0n Pond: There is the large lake and a retention pond. It was to slow down water that came form the root -drains to 105 and 106. Some of the roof drains go to that pond and the drainage ditch. e. What is the Intennittant stream from retention pond? Water is trickling out of the pond goes into the lake. That is looked at twice a year during the semi-annual inspections. 6. Q : Please describe how many outfalls you have an outfalls in derail and monitoring: a. ANSWER: see below - have one outfall. Have ROS. i. Q: Please describe discharge from haz waste areas, what is stored there, and what outfall this goes to: a. ANSWER: Loading dock is covered with a roof and the trench train . The trench drain has a drain valve. Not locked but kept closed. This was started recently. Previously it was left open. Rainwater can enter. Part of the peak it can rain on it and go back to the trench drain. If they have a spill that is noted in an SOP and it is noted on a form. They have not had a spill other places on campus -and have been all petroleum products. K Q: Please describe discharge from oil/water separators and what outfall this goes to: a. ANSWER: There is discharge from that. There are 3: those gig that discharges to a grassy area. The discharge goes into a wooded area into a drainage ditch. About a thousand feet. The others are at 101 C: and 101 F, and that goes directly to an underground stonmwatcr piping to a lake. The valves are kept closed and locked and they look at it for oil and sheen and that is before it enters the lake. Only from those 3 containments. Those 3 are not double walled -- and those are the 3 or 4 largest tanks for fuel oil - one is for emergency generators and one for boiler fuel oil. R. Q: l don't have any monitoring between 2001 and 2005. Why'? a. ANSWER: They switched over to a 4"' year monitoring of the permit. 10. What is the research being done in bldgs? a. Environmental health research - mostly using mice. The chemicals for research come into building 101. There are probably about 10,000 chemicals but very small amounts - a gal is a very large amount. The drains for the dock of 101 are traditional storm drams. 1 1. Do you have a procedure in place for a spill a. They have a RCRA pennit and procedure. Have a sppp for petroleum. The responders are all trained and have drills, 12. Have you had a spill over there in loading and unloading? a. No. Only petroleum spills. Those mostly during fuel oil delivery. 1 3. Are there Roof vents from research bldgs? a. Ycs - from hoods. Most of those are nat controlled. Several hoods can combine together and can vent out. Some have carbon but most do not. Roof drains and the headwall is directly onto the lake. None of the buiiding have a guttering system - they all have a spout directly into the lake, Piped underground, 14. Are there stacks on the incinerator bldgs and boiler bldgs? Where does that drain to? Wage I 1 (if 13 NCS000360 • a. Yes — see below and question above. 15. Do you monitor SW coming off roof drains fi-onn boiler and incinerator bldgs? a. No do not monitor stonnwater coming off the roofs of any buildings. 16. You have Representative outfall status — what Outfalls is that for? i.e. what outfalls are now not monitored? a. Yes. See Wrap in 111e. Monitoring by building 108. 17. Please send a nnap with numbered outfalls marked on it a. See map. 18. I-Iave you added rip -rap to end of conveyance systems to reduce flow. to NIEHS lake? a. Yes. Where is that? One is by building 101. They had a concrete conveyance at the point where it hits the lake. They had another one they replaced that was at the north side of the building where the stormwater pipe comes back to the next pipe. That had been filled up with soil but has been cleaned up and was replaced. 19. Has all Haz waste TSD been closed down? Bldg 106 was but is 108?' a. "They are still a haz waste called a waste handling facility — WHF. 'They do not receive any haz waste from other facilities. They share some operations with the EPA. Part is NIEHS and part is EPA. But they manage stormwater permit. They share the Incinerator and the electricity bill with the EPA. 20. Are you only sampling for outfall at bldg 108 -- nothing at the bldg LO1 on the North side of the lake? a. No. 21. This says NIEHS South Campus -- do you have another permit for another campus in NC? RTP? a. No. 22. The incinerators are in building 106. a. Have you been up on the roof? i. Yes. ii. There are incinerator stacks. The roof is fairly clean. They don't have much problem with smoke. Roofs were replaced in 2003 and 2004. The roof drains go to gutters and piped out towards the lake. 23. What about your Haz Waste? a. All waste is in 104 or 105. They do have some waste that is designated as haz waste, They no longer burn haz waste material in incinerators. All utcinerators are in 106 and main incinerator has scrubber and carbon bed. The two others do not. Pale 12 of 13 Recommendations: Bascd on the documents reviewed, the al)plication information submitted oil May 3, 2007 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date i t 1 Swrmwater Permitting Unit Supervise Date J[" Cc- y Be ettConcurrence by Regional Otiicc ✓L Datc CJ /v e RO Water Quality Supervisor /� �y4 _ f� Date �a Regional Office Staff' Comments (attach additional pages as necessary) Page 13 of 13 Summary of the Jordan Nutrient Rules August 14, 2009 Strategy Synopsis aird Status The proposed B. Everett Jordan Reservoir Water Supply Nutrient Strategy is a comprehensive set of rules designed to address excess nutrients in Jordan Lake that can lead to algae blooms and other water quality problems. Jordan Lake is an impoundment in the central Piedmont that drains a mixture of agriculnual and urbanized lands t'ortning the upper Cape Fear River Basin, including the west side of the Triangle and much of the 'Triad region. The lake serves as a water supply for the Town of Cary and also has significant recreational use. The rules are similar to those already in place in the NCUSe and Tar-Pammlico River Basins. The rules would require all major sources of nutrients to reduce then' loading to the three arms of Jordan Lake to meet specific percent reduction goals, established through modeling, that are needed to restore water quality standards and full uses of the lake. Nutrient sources addressed by the rules include agriculture, fertilizer application, wastewater discharges, and stonnwater runoff from both new development and existing developed lands. Local governments would be required to reduce the discharge of nutrients front wastewater treatment plants and implement programs to address nutrient pollution from both existing and new development. The nutrient [management strategies implemented to the Neuse and Tar Pamlico river basins do not address pollUtlOn C0111ing from existing development. A strategy for existing development was needed in the Jordan Lake watershed because of the significant nutt•ient contributions from developed lands in this watershed. Also new is a separate tradilig title that would allow use of the most cost-effective management options to meet the goals. The set of thirteen Jordan nutrient rules was approved by the Environmental Management Commission in May 2008, followed by approval of the Rules Review Commission over five meetings from June through November 2008. The rules were then reviewed by the 2009 session of the General Assembly, having all received the requisite number of objections during the RRC process. Five of the rules were either replaced or revised by legislation, and the remaining titles were approved by the General Assembly unchanged. Prior to the EMC undertaking rule -making, a modeling process was initiated by the Haw watershed dischargers in 1998, and was followed by an extensive stakeholder input process begun in 2003 and carried through the formal public comment period in summer 2007. Lake Hhvtory: The potential for excess nutrients was recognized when B. Everett Jordan Reservoir Nvas proposed in 1945. The reservoir was approved by Congress in 1963. After years of constructioim delay dire to projected water quality concerns, the lake was impounded in 1983. It was designated a Nutrient Sensitive Water that same year by the Envirornnental Management Commission. The lake has consistently tested as eutrophic or hyper-eutrophic since impounded, indicating high to excessive levels of nutrients in the water. Nutrients make their way to the lake from sources such as wastewater discharges, rainfall runo from agriculture, and stornmwater runoff from new and existing developed lands. Excessive nutrient inputs drive excessive growth of microscopic: algae. which imparts a greenish, murky appearance to the water. causes taste and odor problems in finished water. and robs the water of oxygen. stressing or killing fish and other aquatic life. Excess nutrients also favor the growth of undesirable algae that does not support the food chain and can release toxins into the water, While not necessarily making the lake unfit for fishing, swimming. or drinking uses. excess nutrients are impacting these uses. and undesirable algae are present in the lake. Whilc only one fish kill has been reported to date, taste and odor problems prompted Cary to add chemical treatment to its drinking water process, and unsightly, smelly water deters swimmers, boaters, and other sportsmen. In 2001 the Division of Water Quality determined that the Upper New I -lope Creek Ann no longer inet its designated uses due to exceedences of the chlorophyll a standard, which measures algal growth, and in 2006 made the same determination for the rest of the lake. Tile Haw River arm was also impaired in 2006 for pH exceedences. Both parameters are indicative of excessive nutrients. These impairments place the reservoir on North Carolina's list of impaired waters under Section 303(d) of the federal Clean Water Act. Regulatoj ty Mandates: The Clean Water Responsibility Act of 1997, Session Law 1997-458, required the EMC to set concentration limits oil wastewater facilities discharging, to Nutrient Sensitive Waters. The next year. Session Law 1998-212 allowed the F..MC to grant a compliance extension if a facility chose to develop a calibrated nutrient response model for tine water body and adhere to the results. The Clean Water Responsibility Act also required the EMC to set restoration goals for nutrient -impaired waters, require steady progress toward those goals and impose nutrient reduction measures in a fair, reasonable, and proportionate manner on point source and nonpoinnt sources relative to their contributions. hn 2005, the General Assembly also enacted SL 2005-190 that directed the EMC to adopt rules to establish and implement nutrient strategies to protect drinking water supply reservoirs. Jn addition to state requirements, the determination that the reservoir has impaired water quality triggers federal Clean Water Act requirements to set and enforce nutrient load reduction limits, known as a total maximum daily load (TMDL). Rulemaking Process a►rd Public Commews: To comply with the Clean Water Responsibility Act, wastewater dischargers in the Haw River watershed developed a reservoir model in the late 1990's to estimate the lake's nutrient reduction needs. The FMC approved the reservoir model in 2002. During 2003-2004 Division staff conducted a 1-'/z year, 22-meeting stakeholder process to apply the reservoir model and seek. a consensus on lake nutrient loading goals, discharger allocation methods, and a conceptual nonpoint source strategy'. In 2005. staff solicited public comment on a rules framework and brought draft rules before the EIVIC's Water Quality Committee. in January 2006, the committee directed staff to conduct additional stakeholder meetings, which continued thru 2006. A TMDL for the entire reservoir was approved by the EPA in August 2007'. Pursuant to the EMC's authorization of draft rules in March 2007 and subsequent notice in the North Carolina Register, the Division held three public hearings and provided a 90-day written comment period from June 15 through September 15. 2007 on the proposed rules. Approximately 400 people attended the hearings, 150 of whom spoke, Staff received more than 7,000 documents, postcards, and emails providing written comment'. A detailed, 80-page commenter -indexed stmnmary of all public comments along with staff replies is provided as Appendix D of the Report of Proceedings'. There were strong objections to the rule fi-orn various parties, especially from local governments and development interests, particularly concerning the need and effectiveness of the proposed rules. There were unresolved issues with the model and the data used. Many also felt that the Flaw communities would pay for the benefit of New Hope convntlnities who withdraw water from the ' Report or other supporting dOCIiiilent(s1 available on DWQ's Jordan nutrient strategy website. at hiip: h2o crlF ,tut ,nC.i3.; �rti> Jnrc!,n\�nr€tinrSir;rfrt+.- hill) flake. The most contentious parts of the strategy were the potentially precedent -setting Existing Development Rule, and the wastewater nitrogen compliance date, At the same time, thcre was support for the rUICS from environmental groups and lake users. Supporters cited a longstanding need for restoring the lake, federal and state mandates, eroding quality of their take use experience, the general importance of the lake, and the collateral benefits to numerous degraded streams in the watershed. Nutrient Managentent Strategy Design: The strategy is designed around nitrogen and phosphorus percentage reduction goals for each of the three arms of.lordan Reservoir because each arm of the lake responds independently to nutrient inputs received from its watershed. For example, goals for the Haw Ann of Jordan Lake and corresponding reduction requirements for flaw watershed sources are driven by existing nutrient inputs from those sources. State law requires fair, reasonable and proportionate requirements, so each category of sources in a given watershed faces the same percentage reduction requirements relative to its baseline inputs. The rules are designed to give all'of the regulated entities maximum flexibility in meeting the reduction goals. One key addition to maximize options is a new, separate trading rule that provides load -reducing options across regulated sources. Nutrient sources addressed by the rules include agriculture, fertilizer application, wastewater discharges, and stormwater runoff from both new development and existing developed lands. Local governments would implement the wastewater and development rules, including requirements to protect existing riparian buffers. The existing development component, not included in previous strategies, is necessitated by the significant nutrient contributions from developed lands in this watershed. The strategy also recognizes the importance of adaptive management, and provides for periodic review of the lake's recovery progress to inform potential management revisions. PT • o Rules Content: All rules full under T 15A NCAC 2B. The following is a brief summary of each of the thirteen rules: u Rule . 0262, Purpose and Scope Describes strategy purpose, scope, and objectives; identifies the set of rules comprising the strategy; designates Jordan watershed as a 'critical water supply watershed', which allows the EMC to require more stringent measures than minintturt Water Supply Watershed requirements: defines geographically the three subwatersheds draining to Jordan Reservoir; identifies the baseline time period; establishes nitrogen and phosphorus (N and P) percentage reduction goals and corresponding point and nonpoint source fake loading targets for each arm relative to the baseline; establishes that all local gover l-Anents — eight counties and 26 municipalities— are subject to certain rules; and provides for adaptive management following a period of implementation. Each subsequent Rule references parameters set forth in this Rule. :a Rule .0263, Definitions Defines terms that apply across rules and are specific to the set of Jordan rules. zi Rule 0264, Agriculture Establishes collective nitrogen and phosphorus reduction goals for agricultural operations in the watershed. The goals include numeric tlu•esholds for livestock operations. Tlu•ee years after effective date. the Watershed Oversight Committee (formed by the Director) will determine the extent to which the nitrogen goal has been achieved relative to the baseline period. If the goal has not been achieved, Local Advisory Committees (LACs) must be formed to develop a strategy to meet the goal. Six years after effective date, the EMC will determine whether LACs have achieved subwatershed Nand P goals based on collective implementation. If not, the EMC will require additional BMP implementation as deemed necessary to achieve the goals within nine years after effective date. The Rule allows trading of reductions that exceed collective compliance goals. Aiuival reports are required. ❑ Rule .0265 & SL 2009-484, Storrnwater Management for New Development { Requires all local governments in the Jordan watershed — eight counties and 26 municipalities — to implement stormwater programs for new development activities. Those programs must be designed to meet nutrient loading rate targets. Developers will be required to control nutrient export to certain levels onsite, but can meet remaining reduction needs through offsite measures including payment of fees for nutrient offset projects or tlu•ough purchase of reduction credits from private sellers pursuant to the Jordan trading rule .0273. Within eighteen months after effective date, the Division submits a model local program to the EMC for approval. Within another six months, local governments submit programs for Division review and EMC approval. Within three years after effective date. local governments implement permitting requirements. Annual reports are required. This rule will be rewritten to incorporate the changes of SL 2009-484. D Session Law 2009-216 The original Existing Development Rule (.0266) that was sent to the General Assembly was disapproved. However, the rule was replaced and approved by Session Law 2009-216, with an effective date of June 31, 2009. The Session Law retains the basic requirement that nutrient reductions are to be obtained from local goverrunent's existing development. The bill requires all local governments in the watershed to develop a Stage 1 adaptive management program by December 31, 2009. This program will contain similar measures of the Phase 11 storntwater program, and also requires the identification of opportunities for retrofits and other nutrient redaction projects from existing development. The Division is required to develop a Model Stage 2 adaptive management program no later than July 1, 2013. The rule also calls for ,in ongoing monitoring program, and DWQ is tasked with providing monitoring reports to the Commission every three years beginning in March 2014. if water quality standards are not inet to the U-N'H aria by the March 2014 report, or in the UNH and Haw arms by the March 2017 report. or any subsequent reports, the Division will notify local governments within the impaired arm of their need to develop a local Stage 2 adaptive management program. Within six month of notification, local governments will submit their stage 2 programs to the Division. Within another six months, the Division will review the programs. The stage 2 programs will essentially contain the same requirements as the original title: local governments will be required to reduce nutrient loading from existing development to rtuct the subwatershed goals. A difference from the original existing development rule is that an 8°% nitrogen and 5% phosphorus reduction will be required froth all three subwatersheds. However, if the UNH does not achieve water duality standards by March 2023, the local goverrunents in that subwatershed will be required to revise their program to achieve a 35% reduction in nitrogen. Annual reports will be required. The Session Law also calls for the Director to form a Scientific Advisory Board by July 2010. This board will be tasked with identifying management strategies, evaluating the feasibility, costs, and benefits of the strategies, developing an accounting system, and identifying the need for improvement or refinements to modeling and other analytical tools used to evaluate water quality. The Existing Development Rule will be rewritten to be substantively identical to the Sections in Session Law 2009-216 that cover existing development. :j Rule .0267, . 0268, .0269 & S.L. 1009-484 Protection of and Mitigation for F_ vistfng Riparian Buffers Requires local govertuncnts to implement programs to protect existing vegetated riparian areas within 50 feet of and adjacent to intermittent and perennial streams, lakes, and ponds in the .lordan watershed, The first 30 feet adjacent to waters is. largely undisturbed forest, while the outer 20 feet may be managed vegetation. Existing, ongoing activities within buffers may continue as long as these activities or uses meet the requirements ofthe rule, while a change in land use invokes the protections. These buffer requirements replace those under the cuirent Water Supply Watershed rules, and provide local governments the option to require more stringent measures. Certain activities within the buffer are identified as exempt, allowable, or allowable with mitigation, while uses not listed are prohibited. The rules provide mitigation options (buffer restoration, land conservation, or mitigation fee payment) where no practical alternatives exist, as well as variance provisions. The Division of Water Quality implements the rule for activities conducted: by local governments; state or federal entities; agriculture; forestry; and in areas where no local buffer program currently exists. Rule .0267 will be rewritten to incorporate the changes of SL 2009-484. Rule. 0270 & S.L. 2009-216, Wastewater Discharge Requirements Distributes the total point source annual N and P mass loading goals for each arm of the lake in the form of annual mass allocations to existing wastewater dischargers within each of the three subwatersheds. Discharge concentration equivalents at full Mow range frorn 3.04 ing/L TN and 0.23 mg/L TP in the Upper New Hope Arm to 5.30 mg/L TN and 0.67 mg/L TP in the Haw River Arm. As in the Neuse River Basin nutrient strategy. there are provisions for new and expanding discharges; an option for group compliance; and potential for in -lice fcc payments to offset excecdcncc of the annual loading cap. There is also an option for transfer of allocation among individual dischargers. Phosphorus compliance date is the first full year after effective date, while the nitrogen compliance date was revised from 2014 to 2016 by Session Law 2009-484. This rule will be rewritten to incorporate the changes of SL 2009-216. Rrrle .0271 & S.L. 2009-484, Stor►nwater Requirements firr State and Federal Entities Fstablishes stortnwater recluireinents for state land federal entities that arc similar those imposed on local governments for both new tend existing development under rules .0265 and Session Laws 2009-2 16, The NC DOT is treated differently than other state/federal entities based on the unique character of its activities. Annual reports would be required. New DOI' road projects would be deemed compliant if they meet buffer protection rule treatment criteria. Existing development for state and federal entities will parallel Session Law 2009-216 above, except there will be no stage I program, and entities in the LNH will only be required to maintain no increases in nitrogen and phosphorus loads from existing development if adaptive management programs are triggered. DOT is also given the option of implementing a combination of three stormwater retrofits per year for existing roadway development and other load -reducing measures identified in the program to control loading from existing development pursuant to .0271. This rule will be re«•rittcn to incorporate the changes of SL 2009-484. D Rule .0272, Fertilizer Management Beginning three years after effective date, the application of fertilizer to lands in the watershed is to be done either by applicators who have completed nutrient management training offered by the Cooperative Extension Service, or pursuant to a certified nutrient management plan developed for the lands to which fertilizer is applied. Also requires property owners to ensure that applicators to their lands have met one of these requirements. The rule does not apply to fertilization of residential lands done by the homeowner. Wastewater residuals and septage application have earlier compliance timeframes. Animal waste application in compliance with a permitted waste utilization plan is deemed compliant. :I Rule .0273, Options for Offsetting iVutrienr Loads Provides parties subject to the various rules - new development, existing development, State and Federal stormwater entities, agriCulture, and point sources — the option to obtain more cost-effective reductions by purchasing reduction credit from other, offsite reduction sources or private sellers. This open, market - based framework provides options in addition to the NC EEP option currently used in the Neuse and Tar - Pamlico strategies. It requires that minimum onsite standards be met before seeking credit elsewhere. It sets criteria for those seeking to sell excess reductions, and would require Division approval. . ❑ Rule .0311, Cape Fear River Basin (Schedule of Classifications) Fortnalizes reclassification of the non -Water Supply Watershed portions of the Jordan watershed to WS- V. Jan.E8 2011 4:3GPM NIEHS HSH 9195411893 P•1 NIEHS FAX TRANSMITTAL. Date: # of Pages to Follow:.�� From: 1-S; I f e'f e t-L NIEHS Health and Safety Branch National Institute of Environmental Health Sciences P. O. Box 12233 Mail Drop AO-03 Research Triangle Park, NC 27709 Fax: (919) 541-1822 REMARKS: �/ S 1Re p c-) r` i ! 1 I' Jan 18 2011 4:36PM NIEHS HSB 9195411893 p.2 �,w ftavlgr.G_ . l DEPARTMENT OF HEALTH & HUMAN SERVICES Pie hNith SWco s National Inatlhnss of Hsafth National Institute of Emdronnmental Heafth Sciences P.O. BOx 12233 January 18, 2011 lteseamhTriongle Park, N.C.2rim .Webalte: www.nl&hs.nih.gov Mack Wiggins NC Division of Water Quality Raleigh Regional Office 1629 Mail Service Center Raleigh, NC 27699-1628 Dear Mr. Wiggins: The high volume drainage of city water from the NMHS 92 cooling tower to the sanitary sewer caused floor drains to backup and overflow in a nearby campus building. The excess discharge that caused the drains to overflow was due to equipment problems and a leak that both occurred during testing of recently constructed cooling tower piping. The water used during the pipe testing and discharged during the event was city water that had not been treated with biocides or other chemicals. The sanitary sewer system did not overflow.from a manhole. Instead, floor drains overflowed in the NIEHS Building 104 Warehouse, discharged out of the building, and entered a storm drain located at the end of Warehouse Alley. An estimated 250 gallons of city water from the cooling towers was discharged through the storm drain and into an unnamed tributary of the NIEHS Lake. The incident occurred between 11:30 AM and-1:20 PM on Thursday, January 13, 2011. The overflow discharge was clear during this incident which indicates that the primacy source was city water from the cooling towers. No discoloration or sheen was observed on the NIEHS Lake or the affected tributary. Officials at the North Carolina Division of Water Quality and the Durham County Triangle Wastewater Treatment Plant were notified within five hours after the incident started thereby meeting the Division of Water Quality initial notification requirements. The incident ended after the #2 cooling tower water level dropped enough to stop overflowing into the sanitary sewer. This was an unusual and isolated event. However, a meeting has been scheduled with upper management to review the event and determine whether there are any action items or preventative measures needed to avoid future incidents of this nature. A. Sanitary Sewer Overflow Reporting Form is attached as per your request. Please let me know if you require any additional information concerning this incident_ Sincerely I ' William K. Steinmetz Environmental Compliance Specialist Attachment , Jan 18 2011 4:36PM NIEHS HSB 9195411883 p.3 Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART I This form shall be submitted to the appropriate DWQ Regional Office with_ in_f_rva daysof the first knowledge of the sanitary sewer overflow (880). Permit Number: NCS000364 (WQCSif if active, otherwise use treatment plant NCMIQ#) Facility: National institute of Environmental Heath Sciences (NIEHS) Incident # Ti Owner. United States of America Region: Raleigh City: RTP, NC 27709 County: Durham Source of SSO (check applicable) : © Sanitary Sewer Pump Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - I e. Pump Station B, Manhole atWastall&Bragg Street, etC.). cIVvmtsrfanr12036MCbWerttcwedsotdeidp10411oortrilnsmaosslot&lriathe Man denatthe and erWgrshawAsy Latitude (degreeslminutelsecond): 3959- Longitude(degroeslminutelsecond), 7&5x Incident Started Dt: 01-13-2011 Time- 11:30 am Incident End D:01-13-2011 Time: 1:15 pm (mm-dd-yyyy) hh:mmAKWM (mm-dicii ) hh:mmAM1PM Estimated volume of the SSO: 250 gallons Estimated Duration (Round to nearest hour); Describe how the volume was determined: Vaualty astinated to be about 250 gallons total Weather conditions during SSO event c,,,,sky, light winds, air temperalurv-35degreesFehrenhell Did SSO reach surface waters? 0 Yes❑No❑ Unknown Volume reaching surface waters (gallons), —250 gallons Su rfa oe water name: "2'20*1 tnbutwy me1eid, PdrHO Lake l Surd" cw„k Did the SSO result In a fish kill? ❑ Yes J❑ No ❑ Unknown If Yes, what Is the estimated number of fish killed? SPECIFIC cause(s) of the SSO: ❑ Severe Natural Condition ❑ Grease ❑ Roots ❑ Inflow and Infiltration ❑ Pump Station Equipment Failure ❑ Power outage ❑ vandalism ❑ Debris In line 0 Other (Please explain in Part 11) Immediate 24-hour verbal notification reported to: Mack Wiggins 0 DWQ ❑ Emergency Mgmt. Date (mm-dd-yyyy): 01-13-2011 Time (Wmm AM/Pli 4%ym If an SSO is ongoing, please notify Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-216.1C(b), the responsible party of a discharge of 1,000 gallons or more of untreated wastewater to surface waters shall issue a pressrelease within 48-411 of first knowledge to all print and electronic news media providing general coverage in the county w ere a aeharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notes shall be published within 10 days and proof of publication shall be provided to the division within 30 days. Refer to the referenced statute for further detail. The Director, Division of Water Quaiity, may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was caused by severe natural conditions and there were no feasible alternatives to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee andlor owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim For either of the above situations, This information will be the basis for the determination of any enforcement action. Therefore, it is important to be as complete as possible, WHETHER OR NOT PART 11 IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM. CS-SSO Form October 5, 2003 Page 1 Jan 10 2011 4:36PM MIENS HSB 9195411893 p.4 W A TFq Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART I I ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTIONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I In the check boxes below, NA = Not Applicable and NE = Not Evaluated A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWQ REGIONAL OFFICE UNLESS IT HAS BEEN SUBMITTED ELECTRONICALLY THROUGH THE ONLINE REPORTING SYSTEM Severe Natural Condition (hurricane, tornado, etc,] Describe the "severe natural condition' In detail. How much advance warning did you have and what actions were taken In preparation for the event? Comments: Grease (Documentation such as cleaning, inspect onons, entbrcement actions, past overflow reports, educational material and distribution date, etc. should be available upon request.) When was the last time this specific line (or wet well) was cleaned? Do you have an enforceable grease ordinance that requires new or retrofit of grease trapstinterceptors? ❑Yes❑ Not1 NA El NE Have there been recent inspections andlor enforcement actions taken on nearby restaurants or other ❑ Yes❑ No ❑NA ❑NE nonresidential grease contributors? Explaln. Have there been other SSOs or blockages In this area that were also caused by grease? Yea❑ Na NA NE When? if yes, describe them: Have cleaning and inspections ever been Increased at this location? ❑Yes❑ No C1 Na ONE Explain, CS-SSO Form October 9, 2003 Page 2 Jan 18 2011 4:36PM NIEHS HSH 9195411893• P.5 Have educational materials about grease been distributed in the past? 13Ye113 No❑NACINE When? and to whom? Explain? If the SSO occurred at a pump station, when was the wet well and pumps last checked for grease accumulation? Were the floats dean? Comments: Roots Do you have an active root control program? Describe ❑YesU N,EINA❑NE ❑Yes❑ No ❑NA ❑NE Have cleaning and inspections ever been increased at this location because of roots? 11 YJ2 No UNAGNE Explain: What corrective actions have been accomplished at the SSO location (and surrounding system if associated with the SSO)? What correccUve actions are planned at the SSO location to reduce root intrusion? Has the I ine been smoke tested or videoed within the past year? Yes❑ No NA 11 NE if Yes, when? Comments: inflow and Infiltration Are you under an SOC (Special Order by Consent) or do you have a schedule in any permit that ❑Yes❑ No [INA❑NE addresses IA? CS-SSO Form October 9, 2003 Page 3 Jan 18 2011 4:37PM NIEHS HSB 9195411893 P.6 Explain if Yes: What corrective actions nave been taken to reduce or eliminate I & I related overflows at this spill location within the last year? Has there been any flow studies to determine In problems In the collection system at the SSO iocailon? ❑Yea❑ No ❑NA ONE If Yes, when was the study completed and what actions did it recommend? Has the line been smoke tested or videoed within the past year? 0 Yeses No NA Ne If Yes, when and indicate what actions are neoessary and the status of such actions: Are there 1/1 related projects in your Capital Improvement Plan? E]YeSC Na NA NE It Yes, explain: Have there been any grant or loan applications for [JI reduction projects? Yes❑ Na NA MINE If Yes, explain: Do you suspect any major sources of inflow or cross connections with storm sewers? ❑Yes❑ No ❑14A❑ NE If Yes, explain: Have all Hnes contacting surface waters in the SSO location and upstream bean inspected recently? ❑ Yes❑ No ❑NA ONE If Yes, explain: What other corrective actions are planned to prevent future 1/1 related SSOs at this location? Comments: Pump Station E ui meet Failure Q>Cumentation of testing, records etc. shoal be eirovided upon request.) What kind of notification/alarm systems are present? Auto-dialerltelemetry (one-way communication) ❑Yes CS-SSO Form October 9, 2003 Page 4 Jan 18 2011 4:37PM NIEHS HSB 9195411893 Audible �es Usual ❑Yea SCADA (two-way communication) []Yea Emergency Contact Sig nage ❑Yes Other Dyes Describe the equipment that failed? p.7 What kind of situations trigger an alarm condition at this station (i.e. pump failure, power failure, high water, etc.)? Were notificationlalarm systems operable? Yea❑ No NA NE If no, explain: If a pump failed, when was the last maintenance and/or Inspection performed? What specifically was checkedlmaintained? if a valve failed, when was it last exercised? Were ail pumps set to alternate? Did any pump show above normal run times prior to and during the SSO event? Were adequate spare parts on hand to fix the equipment (switch, fuse, valve, seal, etc.)? ❑ YMO No ❑NA ❑NE ❑YaaO NoEINA❑NE DYea❑ No ❑ NA ❑ NE Was a spare or portable pump Immediately available? ❑Yea❑ Na ❑ NA ❑ NE If a float problem, when were the floats last tested? How? If an auto-dlaler or SCAOA„when was the system last tested? How? Comments: CSSSO Form October 9, 2003 Page 5 Jan 18 2011 4:37PM NIEHS HSH 9195411833 p.8 Power outage Documentation of testing, records etc. should be provided of alternative power source upon request) What is your alternate power or pumping source? Did It function properly? YelO No NA NE Describe? When was the alternate power or pumping source last tested under load? If caused by a weather event, how much advance warning did you have and what actions were taken to prepare for the event? Comments: Vandalism Provide police report number: Was the site secured? If Yon hnw') Padlocked Control Panel Have there been previous problems with vandalism at the SSO location? If Yes, explain: DYWO NoONA❑NE No What security measures have been put In place to prevent similar occurrences in the future? ❑Yes❑ No ❑ NA ❑ NE Comments: Debris in line (Rocks, sticks, raps and other items not allowed in the collection system etc.) What type of debris has been found in the line? How could d have gotten there? Are manholes in the area secure and intact? Y No NA NE CS-SSO Form October 9, 2003 Page 6 Jam 18 2011 4:37PM NIEHS HSB 9195411893 p.9 The area is eheekr(i eYM week day. Last When was the area last checked/cleaned? cleaned rAM a wderM on 02107N7 Have cleaning and inspections ever been increased at this location due to previous problems with debris? OYftO No ❑NA❑NE Explain: Are appropriate educational materials being developed and distributed to prevent future similar 11 Yes❑ No ❑NA ONE occurrences? Comments: Other flPictures and a polioe report should be available u on request.) Desc ill Excoss vty water ftm 000ing 17w9fA2 dkmhxroed 10 doe eenflary Sewer ♦nd quad rho Bldg 104 lfeor d4m to tack up and aroreow out or the Wilding. Scrcas UV perking tat, and Mtn a emrm dmn. Were adequate equipment and resources available to fix the problem? ED YesO No El NA D NE If Yea, explain: If the problem could not be immediately repaired, what actions were taken to lessen the impact of the S50? Comments: The excess dadmrge was an unusual anti iodated event that resulted from equipment problems and a leak that occurred during testing of new coolln g tower piping. For DWQ Use Only: DWQ Requested an Additional Written Report: If Yes, What Additional Information is Needed: Comments: ❑Y"D No ❑NA ONE CS-SSO Form October 9, 2003 Page 7 Jan 18 2011 4:37PM NIEHS HSB 9195411893 P.10 As a representative for the resoonsible party, I cerffy that the information contained in this report is true „and accurate to the best off knowledoee , Person submitting claim: William K. Steinmetz Date: January 18, 2011 Environmental Compliance Specialist Signature: Title: Telephone Number; 919-541-4234 Any additional information desired to be submitted should be sent to the appropriate Division Regional Office within five days of first knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of this form is ccrnpleted, if used), CS-880 Form October 9, 2003 Page 8 NCS000360 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 Statut`A43-215.1, other lawful standards and regulations promulgated and adopted b}� ffi� ::North Carolina Environmental Management Commission, and the Federal Water o::1tutton. �4ntrol Act, as amended, National Institute of .Environmental Health Sciences is hereby authorized t4 dlsci.l tar e stotMwater fi'om a facility located at National Institi f t t Environmental Health Sciences 111 TW Alexander Drive Durham, NC Durham County to receiving waters designated as a. U'I' to Burdens' Creek, a class WS-lV NSW stream in the Cape Dear River Basin, in accordance with the discharge Limitations, monitoring requirements, and other conditions set foah in Parts 1, 11, 111, IV, V and VI hereof. bE�te: L7rgj� Per-init Dates are Approt-itnaie. This permit shall become effective July 1, 2010. This permit and the authorization to discharge shall. expire at midnight on June 30, 2015 Signed this chly June 15. 2010. foi- Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Cornrnission Permit No. NCS000360 TABLE OF CONTENTS PART I INTRODLICTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C. Location Map PART II MONITORING, CONTROLS, AND LIMITATIt' M FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan':'' ::.. Section B: Analytical Monitoring RLquiremeiis :::.'' Section C: Qualitative Monitoring RtQ tireinents'' Section D. On-Site.Vehicle''1VI iiltenance;MorritorinYT 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 r 6. Property Rights 7. Severability S. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. I.nd.ividual Permit Expiration 2. Transfers 3. Signatory Requirements 0 Pertith No. NCS000360 4. Individual Permit Modification, Revocation and Reissuance, or Terrmnation 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and. Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Oitfall b. Records Retention 7. Inspec tE�ttnd''Erity Section E: Reporting Reclueirirts':. 1. Dise:f arge Moalitoring Reports . 2. SuljinAtinl; Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Repoiling 10, Other Noncompliance 11. Other Information PARTIV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS Permit No. NCS000360 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the efl:ective 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 ,u•e not exposed to precipitation or runoff as described in 40 CFR § 122.2G(g), the facility may qualify for allo Exposure Exclusion ilom NPDES stormwater discharge permit requirements. Any owner or operator wislzing:to obtain a No Exposure Certification must submit a No Exposure Certification;NOI`fa,.rni,to the,Division; must receive Approval by the Division; must maintain no exposut e c;ondifia�os unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for tbe''!'No Exposure Exclusion once every five (5) years. SECTION 13: PERMITTED ACTIVITI Until this permit expires or is modified :ocr::e4okd'the perrnittee is authorized to discharge storinwater to the surface tivaters f' 1;c�y't a�;plina. or separate storm'sewer system that has been adequately treated and managed.in:'acc rdance with the terns and conditions of this individual permit. All stornnwater discha;Erges s17a1 E " r7 accordance with the conditions of this permit. Any other point source discfi'g4p...q. q srface 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 1 Page L or2 SECTION C: _LOCATION MAP Paniit No. NC'S000360 NCS000360 UnIb d States Government Nat. Inst, of Farr, Health N7 Dup♦rham, iCW99 CIGU t : Cki r3am Coon %Wlwk?I'ti'7f i� Stream: L7 to ;3i;3rC.iens 0'£:4 Map 1: xt3,664 Stream Class- NSW Facility Location Pail 1 Pago 2 oQ Pu-mil No. NCS000360 PART I1 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORNIWATEIi POLLUTION PREVENTION PLAN The Permittee shall develop a Storinwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part 1.11, Standard Conditions; Section E, Paragraph 3 of this individual permit. The Plan shall include, at a 11161711111.1-M, the f0ll0NV'111g items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribu,1 3 "contamination of stormwater discharges. The site plan shall contain the folio ing: ; (a) A general location neap (USGS quadrai �l!�'-:piap or appropriately drafted equivalent map), showing the facility's location in''relai"' o' ll;to transportation routes and surface waters, the nanle of the receiving wa'1 et (s) to r iich the stot-trnva.tor outfall(s) discharges, or if the discharge 1$to a tnrrnxcipal sepal ate stormsewer system, the name of the municipality and.the ultimate receiving waters, and accurate latitude and longitude bf the, point() of tliscl��rge. The general location trap (or alfernatively the scte',imap) shall identify whether each receiving water is impaired (on the state's 303(cl).ligt_ofimpaired waters) or is located in a watershed for which a TM.DL has Wn,:7established, and what the parameter(s) of concern are. (b) A narrative dcscription: ,.bf 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 frorn each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal,areas, process areas. loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any colTective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-storin ater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section flarl Il Page I of 10 PcTntit. No. NCS000360 B, Paragraph S. The perrnittee shall re -certify annually that the stormwater outfalls have been evaluated for the -presence of non-stormwater discharges, 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 nonstrucm tural measures. The storwater rnanagernent plan, at a minirnum;: shall incorporate the following: t (a) Feasibility Study. A review of the technical and econornic 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 prevenfexposure of all storage areas, materialjj a;idling operations, and rnanufactw ing or litelitlg operations. In ;areas ��here elimination of exposure is not practical, the stormwater rnanaernent.pian.:sli'a1l �laeunrent the feasibility of diverting the stormwater runoff away fronn; greats ofpotential contamination. (b) Second�uy Containment IZegtnin•eMeuts::�ild Recoaryrds. Secondcontainment is required for. bulb storage of liqu� to tttt�ttal '; stmage in any amount of Section 313 of Title III of the Super fund Amendiiients and Reauthorization Act (SARA) water priority chemicals; and stodge a any amount of hazardous substances, in order to prevent IQ& ana:s�ills fr�ox l contaminating stormwater runoff. A table or summary of a.11 sue 1:1 nks itidl;8tored materials and their associated secondary containment areas, ,shall be mate tained. If the secondary containment devices are connected 'to stormwater 1166fiveyance,systerns, the connection shall be controlled by manually activated vat es or other similar devices (which shall be secured closed with a't:6 king inechanisrn), and any storrnvater that accumulates in the contaimnent area §Mll be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry we, flov, prior to release of the accumulated stornnwater. Accumulated stornmvater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated storrnvater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMI's shall be based on the assessment of the potential for sources to contribute significant quantities ofpollutants to stortnwater discharges and data collected through monitoring; of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Spill Prevention and Response Plan, The Spill Prevention and Response Plan (SPRI') shall incorporate an assessment of potential pollutant sources based on a Materials inventory of the facility. Facility personnel (or the team) .responsible for impletnenting the SPRP shall be identified in a written list..incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be Part I Page 2 oC t0 Pennil No. NCS000360 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 stormwvater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be.a*component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. ' Preventative Maintenance and Good Housekeeping Protrram. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stortmvater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas. material handling areas, disposal areas, process areas, loading and unio.a ,rI.n.g-'a.reas, and haul roads), all drainage features and structures, and existing structui'a13MPs. The program shall establish schedules of inspections, maintenances and l oug: l::ng activities of stormwater control systems, as well as facility equipment,'fa6liry at eas; arrd facility systems that present a potential for stornnvater exposure or: st... `. water pollution. Inspection of material handling areas and regular cleaningshedili of these areas shall be incorporated into the program. Timely compliance ,. iih tlie;established schedules for inspections; maintenance, and housekeeping shall,:bi reercird6!r3':iii writing and maintained in the SPPP. S. Employee Training. Traiiiii777 g prq rams shall be developed and training provided at a minimum on an annual basis.', lr. f'at llltr :personnel with responsibilities for: spill response and cleanup, preventative. lunute Iat ce'activities, and for any of the facility's operations that have the potential it ' containin'Eiie storinwvater runoff. Facility personnel (or team) responsible Im irnplernwnting the training shall be identified, and their annual training shall be documented by thrv:'signatui e of each employee trained. b. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of 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 wvritten re -certification that the storm%.vater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater ]Management Plan. 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 minitnurn P"Irt t.l T'age 3 or 10 Pun it No. NCS000360 requirements. The perinittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. S. Facility Inspections. Inspections of the facility and all stormwater- systems shall occur as Pail of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once daring the second half (July to December), N ith at least 60 days separating inspection elates (unless performed more frequently than semi-annually). These facility inspections are different liom, and in addition to, the storrnwater discharge characteristic monitoring required in Part .II Band C of this permit. 9. Implementation. The pemi'ittee shall implement the Phw.1::::- lementation of the Mali shall include documentation of all monitoring, riieasu;lerrreht;itaspections, maintenance activities, and training provided to emplo}ees,;lnclud rrg t.lY lol;``oIthe sampling data and of actions taken to implement BMPs associates ��! " th the n::A strih.l activities, .including vehicle rnaihtenance activities: Such tlacumenC t'i t' shall be kept on -site for a period of tine years and made available to the Direct; r a ;;the Director's authorized rep.resentaLive immediately upon request. SECTION B: ANALYTICAL MONITORING REQUIREWNTS d Part 11 Page 4 of 10 Pcru►it No. NCS000360 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 monitot'in�tr will reSLLlt in a nnnitnum of ten analytical samplings being Conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater tha.ri 0.1 inches of rainfall. The time between this storm event and the previous Storrs] event measuring greater than 0.1 inches must be at least 72 hours. ksingle storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain roducin = a discharge begins within 10 hours. Table 1. Analytical Monitoring Re uirements :.Disclaa<e .. lviesuf cirient Cliaracteris6cs Units :. Ftepunicvt :.........' ......'_..T'�u'e' ..: :LQcdin3.'': Aluminum, Total Recoverable m /I -4pnual Grab SDO Oil &. Grease mgll ' ''s semi � ual Grab SDO Biochemical Oxygen Demand mg/i semi] annual Grab SDO Chemical Oxygen Dematid m��''1 . seini-annual Grab SDO Nitrogen, Total me,� semi-annual Grab SDO Phosphorus, Total ............ :;;n�ii.':;:... semi-annual Grab SDO EPA Method 624 n'g' semi-annual Grab SDO EPA Method 625 rra'l semi-annual Grab SDO H 5tandai d semi-annual Grab SDO Total Rainfalf . inches semi-annual Rain Gauize I - Foolnotc-s: I Measllreinrnt .Frcxlucncy: Twice per year during i mpresentalive siorni. cv fil• 2 Grab saniples shall be collected wilhin the first 30 minulcs ordischarge. 3 Sample Localion: Samples shall be collCctCcl at carll slOrinwalcr discharge outfall (SDO) unless reprL milative outfall stales has been granted. 4 For each samplul representative Slornl event 1.110 total precipitation must be recordul. An on -site rain gauge or local rain gauge; reading must be. reVurd(xI. The permlttee shall complete the tnlnitnum ten zwalytical samplings in accordance with the schedule specified below in Tattle 2. A minimum of 60 days niust separate Period l and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Patti 11 P,ige. 5 of 10 Permit No. NCS000360 Table 2. Monitorim! Schedule a mia . an ...... .. .. L .. . .. .............. ............. End. Year I — Period I I liall. 1, 2010 December 31, 2010 Year I — Period 2 2 - January 1, 20 11 June 30, 2011 Year 2 — Period I 3 July 1, 20 U Deceniber.3.1, 2011 Year 2 — Period 2 4 Januatj 1, 2012 June 30, 2012 Year 3 — Period 1 5 July 1, 2012 December 31, 2012 Year 3 — Period 2 6 7; Jaiivai1, 2013 June 30, 2013 Year 4 — Period 1 7 Jul i 1, 2013,,ii�� December 31, 2013 Year 4 — Period 2 8 Januat:,, V,�'2Q14 June 30, 2014 Year 5 — Period 1 9 -July 1 December 3.1, 2014 Year 5 — Period 21 10 Jan.L►p6 1, 2015 l":': June 30, 2015 Foomole-s' I Mjjillttill SCIni-iffillthil 111011it0t-illg LlUrifi'g permit rul-mal. p 11 r 1 (ic : es k. [Fat the expiration of (lic hidividwit Permit, the perinilltv him Submitted am aPl�licatiS»a tot Fol'cowrage before the SLINIIJUdl (IC40H11C, the perwittee will be consi(lcr(xl.R)r raiewetl q0vel"Itg� C. .1116:,IPPI i ca lit IRLISt COWHILICSCM , 1-WHILU11 moniloritig unlit the rcnewckt IM1161 is jSSU& 2 If t)o discharge occurs khiring the sainplillinu%( submit I monitoring report indicating, "No Flow" within: 50.10ys six-111ollill &111111filig period. ............. ......... ... ............... The perrnitleeshall report the al alyficalt;j1!:C:::S :illts from each, sample within the monitoring period. The permittee shall compare monitoring restilt's'to the benchmark- values in Table 3. The'benchtnark Values in Table 3 are.not per1n11ijt.Jim,it'S;:'' but should.be used as guidelines for the pernlittee's . .. ... ..... . . . .. 0 ;: StoiTnwater Pollution PrCVe.nti' fi"Plan (SPPP). Exceedences ofbenchmark values require the perinittee to increase monitoring, increase management actions, increase record keeping, and/of install stormwater Best Management Practices (BMPs) in a tiered program. See belo-w the descriptions of Tier One and Tier Two. Table 3. Beachinaric Values for Analytical Monitorin C1 .............. ... t U ts; ......... ............ . ............... ............ Aluminum. Total Recoverable M,911 0.75 Oil & Grease rng!j 330 Biochemical Oxygen Demand 111g/1 30 Chemical Oxygen Demand 171g/1 120 Nitrogen, Total mg/1 30 Phosphorus, Total mg/1 Part 11 Page 6 of 10 PLTuth No. NCS000360 EPA Method 624 mgil 6.7 Benzene To lucrle ing/1 0.0018 EPA Method 625 Anthracene Ing/1 0.005 Pentachlorophenoi mg/1 0.019 PH standard 6-9 2. Identify and evaluate possible causes of the be9ichmark'value exceedence. - 3. ldentify potential and seLec,t i e;aC ounce controls, operational controls; or physical improvements to reduce conceiifrai 6tts of tt a parameters of concern, or to bring concentrations within the benchmark range. 4. Implement the selected actions withih two months of the inspection. S. Record each instance of:a Tier...One response in'the Stomwoater Pollution Prevention Plan. Include the date and value of the benclira.rk,exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. . ;,Tier-T►vu ...... If. During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmarl< values, or outside of the benchmark range, for any specific parameter at a specific dischar re outfall; Then: The permittee shall; 1. Repeat all the required actions outlined above in Tier One. 2. Immediately uistltute monthly monitoring for all parameters at every outfall where a sampling result exceeded the bcnctunark 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. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating '.No Flow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the 5torrnwater Pollution Prevention Plan. Marl ll Page 7 of 10 Permit No. NCS000360 During the teraaa 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 perrittee 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 the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; 't • require the permittee to implement other stormwater control measures; or O require that the permittee implement site modifications to qualify for the No Exposure Exclusion. This site discharges to the Jordan Lake Watershed which rs e� viencing problems with nutrients (Nitrogen and Phospl�or-us). A TMDL was approved foi ihe: >- r�ett'Jordan Reservoir iri 2007 for a development strategy to control nutrients and me't 6e state'cl>l'oropliyll a standard. The Division will consider the monitoring results in determtrtn whether additional BMPs are needed to control the pollutant(s) of concern to the marimuniL krtot�t.ptact:icable. If additional BMPs are needed to achieve the r,e tined lr*irirl of control, the permittee will be required to (I) develop a strategy for implernenti Ig appropriate BMPs, and (2) submit a timetable. for incorporation of those BMPs Into thepelnrrtCed Stormwater- Pollution Prevention Plan. SECTION C: QUA LITATIVIC-MONI ORING REAQUIREM ENTS Qualitative monitoring requnrtrs ayisua'1.inspection of each stormwater out fall regardless of representative outfall status ar d,`Sff li be performed.as specified in Table 4, during the analytical monitoring event. [If analytical monitoring.is not required, the pennittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for the pLupose of evaluating the effectiveness ofthe Storni�vater Pollution Prevention Plan (SPPP) and assessing ne\v sources of storrriNvater 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 rma.intained with the SPPP. Table 4. Oua.litative Monitorint* Reauirements Iischr-gelEraetet rstres::::ji1.eequency ...... ::::::::::::::.::::: ..... ... i4I'onEto� ....... Ong . ........Locat'.:::::.::`'': Color serni-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi --annual SDO Suspended Solids t. 4 semi-annLral ~ SDO TInrt I Page 8 of 10 Permit No. NCS(u)0360 Foam semi-annual SDO Gil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footmi es: l MCaxurentcait Frequency: Twice per year during a ruprc:iewalive storni event, for each year until either anolhcT permit is issued for Ibis facility or until this permit is rcYvokW or resciiidecl. If at the dines of 11tis pmnili i.ng cycle the pertnittec has submitted thu appropriate paperwork for a ruiLival permit before the submittal deadline, the pertnilk will be considered 1br a t'eimA application. The applicant must continue scini-annual ❑ionitoring until. the reuLwed Hermit is issued. See Table 2 for schedule of mookorin.6:1ieriods through 1110 end of this pumillutg Cycle. 2 Moititoriug Location: Qualitative inoniloring shalt be perform"&I at u l} stortln riser dkeharge outtall (SDO) regardless ofrepresoklative outtall status. SECTION .D: ON -SITE VEHICLE MAINT Facilities which have any vehicle maintena.n gall6ns of new motor oil per month when. a: monitoring as specified below in::Tgb1e.4 ` discharge outfalls which discharge tc rrm accordance with the schedule presei7tl✓tic�:.r performed during, a representat;irle ston 7� !: Table S: A.nah,ticgi Ntoinitori>ttg Re( NITORI:NG REQUIREMENTS WAY r �cL LITHig on -site which uses snore than 55 d Q =er the calendar year shall perform analytical driitoring shall be. performed at all. storinwater noff froth vehicle tnainlenance areas, and in 2 (Section B). All analytical monitoring shall be uirenients for On -Site Vehicle Maintenance ::Dtsclltrge:Clwr iae Sttcs ; ..' ,.....Unfits,; .: - :Measnrement;` --:: sample:.:;:'° ;ample F: 2. H standard semi-annual Grab SDO TPH Ing. I semi-annual Grab SDO [EPA Mclhod 1664 (SCT-NEM) Total Suspended Solids mg/l semi-annual Grab SDO Total Rainfa114 inches semi-annual Rain l,au Te New Motor Oil Usaae aa.11ons/month semi-annual Estimate - Foote of rS t Measurcnucitl Frecluoicy: Twice per year during a representative storm emit, for each year unlit dither another permit is issued for This t;tcility or until this pernut is re-vokul. or rescindul. If at the Clid of lllis HcTniittiing cycle the permittee Luis submittcd t:he appropriale papcm,ork Cora renewal permit before thu submittal deadline, the permittce will be considerel for a renewal apphcatim. The applicant tnusl connimic selni-aIMWtl monitoring cuntil the renewcxl perntit is issucxt. Sep: Table 2 for schedule of monitoring periods through the clid ofillis pmniltitig cycle. 2 Ifthe stormwater runoff is controll(A by a stormwater detention pond a grab strniplc ofthe discharge from the pone] shall bu collceial within the first 30 minutes of discharge J•roin the pond. Part II Page 9 of 10 Pcmnut No, NCS000300 Sample. Localion: Sau►plrs shall be collccwd at each slorinwM ;r discharge nutl'all (SDO) that cli chargcs stormwaler riuwl�F lroui areas) whcme vchidc urainlcnauce activities occur. 4 For each samplcxl representative storm evoil the total precipilMion mull be recordal. -Are on -silt or local rains gauge roadint, must be recordsA. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark '.Values in Table.6 are not permit limits but should be used as guidelines for the permittee's Slormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the perrnittee to increase monitoring, increase nianagenient actions, increase record keeping, and/or install stolnnwater Best Management Practices (BMPs), its provided in Paa-t 11 Section B, Table 6. Benchmark Values for Vehicie Mitfiflgmifi`ce A'I'A ti'cal Monitoring Dischlge Characteristics .. Upiks....° p1 I standard TPH [EPA Method .1664 (SGT-HEM)] Total Suspended Solids 3 Part 11 Page [0 of 10 Permit. No. NCS000300 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedt le The perniittoe shall comply with Limitations and Control; spexilicd for storinwaler dischargcs in accordance with the following schaiale: Fxisling Facilities already operating but applying for permit coverage for the first. tithe: The Stonnwater PoLLution Prevention Plan shall be decloluxl and impleintmted wilhin 12 months of the el7eetive elate of the initial luxulit and upda(W lhcreatic:r wi "an anlival basis. Scvoncl irycoiitailnuc-nt, as spccificxl ill Pan [I, Scx:liall A, Paragriipll 2(h) of i.his }�c�uit, shall he accompliahetl ��:ihiu 12 months rifthc t;J't'extive dale nfthe initial hermit issuance. , New Facililics applying for coverage for the first lime aii)c! exr ling friuilttEc previously pertnitt.cacl and applying for renMal uude�r Ibis permil: The Slormw alit= pollution P1 € Ytion Plau Sl►till be ele�elopcxl altcl implumunted prior to the beginning Ofciischarges frogl,:iti�,'Exsattoll ofthe industrial activity and he updaml thereatler on an annual basis. S(condary u)utalnuleut,. is sp(vif x] in Part 11, SM1iau A, Paragraph 2(b) of lltis peritiit shrill he accoinpli5hotl ��ri t to t (C' beginning ofiliscliargc iToin the operation ofthe industrial aclivily _...... 2. Duty to Cciint)ly The perulittce muSI comply with all. c.oudiite iius of this individual permit. Any pe.rinit noncompliance couStituteS a 60131i0n ol'thc Cl M,,.WF1tc:r A t '�'hud is grounds 1•or enforcement action; for permit. tcrininaliou, rcvocation mil, 1,rt3i5SUiIt1C.0 g..11x dlflcalion; or denial Ora permil Upon renewal apphcallon. a. d't1C pCCnllIICC sl1'41 comply;;44ith standards Or prohibitions established under sculi6ii 307(a) of thu Cl"m W;iter Ats lilr;;tnx i pc)11^,ilallls Wilhill 111C hole prOVldeXl in the regulations that establish these slandards or jyi tl ibilii)nS, evclt if the permit has nol yet been modified to incorporale the .1-CgUireln(ml. b. The Clew) Water Act provides that iuty person Who vinlal0S a pernlil condit:iolt is SuhiCCt to a civil penalty hilt to excecxl $25,(t)O per day for each violalion. Any person who negligently violates any permit condition is subjCCt to criminal penalties of S2,500 to 25,000 per day of violation, or imprisonm ut for not more that) 1 year, or both. Any person who knowingly violates puli)it conditions is suhjcxa to criminal penaltic�,' of$5,000 to $50,000 per day of violation, or imprisoulncitt for not more than 3 years, or both. Also, any person who violates a perinit condilion may he assesscd an achllinistrative Pell"Ilty not to excCul S 10,000 per violation with the niaximutn auuxul! not 10 excecil S 125,000. [Ref: Smllon 109 oftlle Ftxlmil Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a dtlily civil penally of not more than ten thousand dollars (S 10,000) per violation inay be assessed against any person who violaks or falls to act In accordance with the ternis, conditions, or rcxluiremcuta ofa pernlit. [Ref: NC General Stalutes 143-215.6A]. d. Any person inay be assessed an adutinistrative p(h)ally by the Director for violaturg section 301, 302, 306, 307, 308, 31$ or 405 of the Act, or any permit condition or limitation implementing 'Illy of such scuiolls in a permit issued ultdLT section 402 of the Act. Adulinistrativc palallie5 for Class I violations are not to exceed S 10,000 per violalion, with ill(. maximum amount of ally Class I penalty assc';Sal not fo cxccxxl S25,000. Penalties li)r Class ll violations are not to exceed Pan Ill Page 1 o['S Permit No. NCS000360 $10,000 per day for cacti day'diwirlg wh1Ch the Vlolalion continues, W1t11 111C 111ax1II10111 a.lnou111 of any Class I penalty not to exceed S 125,000, Duty to 'Miti 'ale Thu permittee shall take all reasonable steps to miuiinizcor prevent any discharge in violation of this individual ]]e'1 mil which llal a reasonable likelihood of adversely ailecting human hcalt.h or the Cllvlroallient. 4. Civil and Criminal t,iability Excq11 as provided in Pat 111, Soction C of this permit regarding by ol'slormwater Control I'acilitieS, nothiLlg ill this illdividu;ll pcTmut Sllall bC CoustruM to relieve the pertnitteti trom°iiliy responsibilities, liabilities, or pcnallica fOr noncompliaice pursuailt .19 NCGS 143-215.3 143-215.6A, 143- 215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC l3.:l . Furthcrmoru, the permlittee i5 responsible for conseklumliai damage, such as lash kills' evuti` fli6hgh the rusponsibility for etkutive compliance nmy be lemporadly SuspenckYl. Oil awl Hazardous Substance Liability Nothing in this indivirhlal pe�'mit Shall bC CnnstrutRhxGi >t,G�[utie the instilution of any Icgal action or relieve the perenittec from any reapousihilitiesx l abilltics, ui :f cllaliie5 to which llte permlittec; is or maybe suhiml to under NCGS 143-215.75 eat seq. n1 Sex aii 31 l'''ol'the Fuleral Act, 33 USC 1321. 6. Property Rim TI1e issumlce ol'ihis individual............ v„ iit'tiuc. tot coav y any property rights in either real or personal property, or any exclusive privileges i` l[nea it at1th6rizC any injury to priva.tc property or any invasion of pc.�rsonai rights, not' i111y;LilfrlllgClnellt`Ol'Fexlc�ral, Slate or local laws or regulations. 7. Severabi i ily Theprovisions ofthis individual permit are severable, and if;tnypiovision ofthis individual permil, or the applicalion of any provision of this individual permit to any circumstances, is held"invalid, tlic llpplicatiou of such provision to other circutltstance, and the remainder ol'this individual permit, shalt not be atT(vted theyreby. Duty I Provide Inrorination The perridIIee shall Rim ish to the Director, within a reasonable iinlc, any information which the Director inlayrerluc"i to (loc•mime whother cause exists for modifying, revoking and reissuing, or lei-miliating the permit iSsuexl pursuant 10 this individual permit or to dewradne compliance with this individual permit. The pernlittcu shall also furnish ter the Dirc)Cor mpou royuest, copic� of records' rcquired to be kept by this individual permil. Penalties lbr Taniep •,-illy; The Clean [Water Act provide that any person who Falsifies, tampers with, or knowingly renders i accurate, any monitoring device or method rcxluirCd to be maintaiHCd uucler this individual pernih shall, upon conviction, be punishexl by a tincof not more than $10,000 per violalioll, or by imprisounlcnt lair not more Than 1wo years per violal ion, or by both. 11'a conviction of a person is for a N6olalion commiltul 111LI- a first CO1lviction nt'such person under this Paragraph; punishinc 1t is a lino of not more that S2t1,000 per clay of violation, or by tn1p17sontmnt ol'u(lt. more than 4 years, or bosh. Part lit Page 2of8 Permit No. NCS000360 I(). Pen altics iirr Falsification of Rq)orts The ClcRm Water Act provide that oily pCI-SOR who knowingly snakes any t ilse statement, represuitaliou, or cerlificalion in any record or othCT (loCU111011 SUbmrttlX] or r"Ittlra] to be maintained under this individual peewit, including Moriitoring reports or reporls ofcompliauce or nancoltill] iaircc shall, upon conviction, be j)U1Ii111ed by it tine of not more than S10,000 per violation, or by imprisomm-ut for not more than two yc<ars per violation, or by loth. SECTION B: GENERAL CONDITIONS Individual Per-rcit Exnirtliou The permitter is not autltoriml to discharge a.Hcr the cxpiratjoA::,daf`6. .In order to receive automatic authorization to discharge beyond 11ae expiration date, Ilse pLh i idle, shall suburit. forms and fcxa as are r(gUiral by the ag(rytcy autharizcxl 10 issu(; j)crmila oo Nicr th it l t3f1(I tv5, prior to the expiration date. Any permill(k. that has not requested renewal al least f8'Q days prior tol.expiration, or any pLrmittee that doe not ]cave a permit atier tlre-expiration and has not;;riaj ibst,(%I rcnm-al at least I SO days prior to expiration, will be subjecicd to entorcctuert procalurc5 as Fitt it(crl in NCGS § 143-215.36 and 33 USC L251 et. sail. TranstLTS This permit is not tr;trtsfcr,tl>I; l .: uty: b i9n exilic} t otter notice to and approval by the Director. The Dirccior'uuy rcx1uire mo(hfi(,tti(i (rr rr Ctit iiir�u and r(issaancc of th( pertnit to change the name and incorporate such other rcquiren )t , nray.';bt" ucxessary under the Cle4m Water Act. The Pernuttee is requirr(1 tU notify the Di�rscon in ��»tle l; in the event the permitted facility is sold or closed. Signatory ]Zeluirerrnhrls.:! ;:. All applications, reports, or F fornritaim submittal to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signel is follows: (1) In the: case of a wrporation; by a principal exixutive otficLr of al least the level of vice- president, or his duly authorizcxl rgrescmialive, if such rcltrumitative is responsible for the overall operation of the facility front which the discharge (Ieseribel in the permit application form originates; (2) In the case of a partncrsbip or limital pal-morship: by it general partner; (3) In the case of a sole propri0orship: by the proprietor; (4) In the case of a municipal, state, or other public L-mity: by ,t principal exL-`utivc otficu, ranking ch-vic(I official, or other duly authorized employee. b. All rg)orts required by the in(lividual permit and other int'onnation requested by the Director shall be siguexl by a person described above or by a clrtly aulhorizal representative of 1hai person. A 11L'rs011 is it duly authorized rLI)ITS 0rialive only if:' (1) Tlic.itulliorization is im de in wriiuig by a person du crilml above; Parl ill Page 3 od'$ Permit. No, NCS000360 (2) The authorization specified eitlier an individual or a position having responsibility for the overall operation ofille regulated Igicility or activity, S11C11 as the 1)OSiti011 afl)Jallt n)auager, operator of a well or well field, sul)cril t lidenl, a posiliou Ofedluivalcni responsibility, or an individual or position leaving overall responsibility for environmental mattrrs for the company. (A duly t111Ill rizcdl represcmu'llive. play thus lie cit.her a named individual or any individual occupyillg a lealndxl positidm,); and (3) The written authorize lion is submiltcd to the Director. c, Any person signipg n document under paragraphs a. or b. of this scx:lie» i shall hake. the following cdrtiticatid)n: "I culify, under penali,y of law, that illis clocuinfi'111 lnld all allacllmaits ",ere prepared uncles my direc:tiou or supcndsion in,aecordance with 41 system dcllgle(XI lO MSUrc plat dlualitied persoinie1 properly gather and miluate the information submitic l ;:;,BascYl on my inquiry ofthe person or persons who manage the systanl, Or those persgi)s do c::: Y:responsi.tnle for gathering the int0rination, the information submitted ns, to the hEst''iil lieu nttwle<Ige and bc;lieF true; accurate and complete. I am aware that llterc ,arc. signif ;ai►I pcnalifi Mier Subofitting lillse irifornialion, including the possibility of lilles and knowing violations." 4. individual Pandt Modification. Revocalion and-R'C+§! iiiince, i71 7 rni.illation The issuance of this individual permit dod_uot pr_tiltibit..:the Direuor from mopciling aied trtoddf inb llte individual permit., revoking r11111 ruiSSUillg;fjle Jndlvlddlal perlllit, or terminating the individual permit as allowed by the laws, rules, aucl. ;4lt tl � c,onfiitnW in Title 40, Code ofFederal Regulalions, Nirls 122 and 123; Title; 15A of flee Codc, Subclianla 214 .0100, and North Carolina Ge�1 L -al Statute 143 2 ] 5.1 et al S. Permit Actions The 1)erntit may be modificdl ruyok-ixl and reissucxl, or terminated for cause. I'll c notification of planue.•dl changes or anticipatal n fi. blrij liancc cim not slay any individual perinil Condilion. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Onci•aticin and Maintetiance. The pandUcc shall at all times property operate and maintain all filcilidcs and systems of lreatuuxit. and control (and related appurtenances) which are installed or used by the permillCe to achieve compliance With the coild.itioms of I11iS individual pernlil. Proper operatlon rend iitainimance also iiicludLs adajualc laboratory controls runt appropriate duality assurance procedures. This provision mquires, the operation of hack -up or auxiliary hlcifitieS or similar Systems which are inatalldxl by a perinillce only when the operalion is ncx:cssary to achieve compliance Willi the cond.itionS Of this individual PLY1.11it. Need to Halt or Reduce Not a Defense It shall not be a det'aise lbr a permitice in an eniorcemail action that it would have 1XV11, necessary to hall or r(Auce the pmmillcd activity in order 10 ]maintain cornpliancc Willi the condition ofiltis individual permit. 3. B3 passitig ol'Slonnwatcr Control Facililic ,' Bypass is prohihital and the Dinvior ntay lake cuiorceinuit action against a pcnniffiv Ibr b� ass unless: Part.111 Page 4 of 8 Permit. No, NCS000300 a. Bypass was unavoidable to prevent loss of file, personal ini(iry or sevurc property damage; and b. Thci,e were no tensible alternatives to the bypass, such as the use of auxiliary control f;icilities, relcidion ofstormwater or maintenance during nonnal periods of equipment downtimcor (try wcothcr. Thiy condition is not satiSfUll if,'KILtluate backup controls should have berm iust-n11W is the exercise of ruisonable c,nginceriug judgm(-%t to pn?,vcm1 a bypass which occurred during ,tornlal pe--r-i6ds of CZ111ipnletu downtime or pmventive maintenance; and C. The litTmillee submitted noliccs as requiMl Luldff, Part 111, Section E of this permit. Ifthe Director docrinincs that it will meet the Ilinx conditions listed above, the Director may approve a.n- anlicipaied bypass a.tier considering ifs advem effects. SECTION D: NIONITORING AND RECORDS 1. Renlre milative Sann jg Samples collmled and measureme►is taken, as requiral. tiLtbi; F!�hall be characteristic 01'111e voluulc i0id ualure of the permitted discharge. Analylical san f i,l r' ii.all k>i~` perlbrnrecf during a relarc-sentalive storm event.. Samples shall be taken on a day and tiir3e th,tl is char icicristic ot'the discharge. All samples shall be taken before the discharg c joins or is ditWevil hu tiny 13ther wasle strczim' body of water, or substance. Moniloring points as spcvifiLxl in this pertri t slii[Luoubc chang(A wilhoul nolificatlon to and appr(ival of the Director. 2. Recording Results F For each measuremew, sample, inspection or makilenance activity'perlelnmd or colic-cled pursuant 411111: n.Nuire►nenl; of ibis iudivltlual permit, the pU1Dit%C shall retard the following infortnatiou: a. The dale, exact lilaec, and time of sampling, measurements, iilspeclion or mainfcsllance activity; b. The; iiidjvidunt(s) who performed the sampling, mcasurumcnis; inspection or maintenauce activity; c. The daicXs) analyse-,, were: performed; d. The irdividual(s) who performed the; analy�,'cs; C. The analytical tedhniques or methods uscct; and r. The results of such analyses. 3. Flow Mensurcniclit_r 41 licre required, appropriate How measuremoil devices and melhods consistent with acccp1L%I scicntiti.c. practices shall be selectcd and usW to unsure, ll►e accuracy and reliability of ineasurements of the volume of inonitored discharges. 4. 'rest Proc(xiures Test proceduru5 1m the analysis ol'pollutants shall confilrm to the EMC regulations published pursuant to NCGS 143-215.63 ct. sec}, the Water and Air Quality Rel)orting Acls, and to regulations published Pan III Page 5 of s Pu-titit No. NCS000360 pursuant to Soction 304(g), 33 USC 1314, of the Fcxlcral tiNratc.r Pollution Control Act, as Amclickxl, and Regulation 40 CFR 136. To meut. Ilic inttatt ofilte mouiloHng required by this individual pannil, all tusl procodtiruti initst praduce mininturn detection and reliortiug levels and all data generated must be rgiortexl clown to the mininium detection or lower rcIvorting level of ilte procehn•e. 5. . RcprumitativeOut Fall Ira facility has multiple discharge locations with substantially identical slorntwatcr discharges that arc rexlttirecl to be sampled, the permitice may petition the Direclor for represelitaiivexrutfall status. If ii is cStabliSl1Cd that the stormwater discharges are substantially identical nail Ilse permittee; is granliM represculative oulfall slatus, flitn sampling reyuiretimu% may be perf'ormcYd at a rcxlucrMI nurnbcr or oul falls. ., 6. Records Retention Visual niouitoriatg shall be documciAd and rccords rr Pollution Prevculion Plan. Copies of atmL}Rical nuntii per millec. shall retain rocords of all monitoring inlbrrt records and a.]] original strip chart rex;urdings firr con.t rqrorts rLquirud by this individual pennit Cur it lxv`106f measurement, report or application. This period niay 7. - Insmction and ErriEV The permlttee dial] allow the Di.fWtcn, di contractor acting as it rcpresctrtati u: 11h a municipal scparale storm sewer sya itii separate slonn sewer systqu receiving t114 clacUrnemts as may he rcxli R(,kl by lil.yv, to; Itaiiit E Ott: if l"i,t i.]ity along with the SIurinwaIur 1:10results s] ill'';rlso be rnainuifi cl on -site. The; onx i_7 eluding all ca.]ibratian attcl inaintenartcc: 104V1:.'1hbitiloring instrwnuitation, and copies of all stt I 6,ki 5 years from pre date of ilie sit inple, c ici 11 del by rexluCst of ttte Dirwtor at anytime. rt7 itutht>rizal rcpresemialive (iticluding tut , . orize�cl Di'x;lor), or iit the case of -it facilily which discharges through in authoriml relrre-settiative ofa municipal operator or the discharge, upon the prL'suitatr0lt of crale'7ltlals, and other Enter upon the poriii ttec's premises wherc it rcgulatcd Eacitity or activity is locatecl or conducted, or where records must be kept tinier- the conditions of this indiviclnal permit; b. Have aocess to and copy, at misonable fives, any rmorcls that. must he kept tirulcr-the comlitions of this individual permit; C. Inspel al reasonable times any firCililleJ, eluipnrenl (includilig monitoring and control exluiptue t), practices, or operations regulatcd or rexluirexl under this iudivichlal pe'rntit; and (i. Sa.inple or mouitor at reasonable Hines, Ibr the pur()oSeIS ofassuring individual pennil compliance or as otherwise authorilcxl by the Clean Water Act, any substanecs or paraincims at tiny location. SECTION E; REPORTING REQUIREMENTS Discharge Mirnilaring Rqrorts Samples analyiei in accordance with the terms of This per'mil shall be submiiiet to the Division on Disclrttrge Monitoring ReIlorl .ti�rnan providcxl by Ilse Dircv,tur. Sctbm.ittals shalt be del ivcrel to tlnc. Division no later than 30 clays froM the dale the facility r•c'ucivUS the sampling results from the laboratory. The permittee shall submit. an Aniiuiil`5tiir'i n ry Dahl Monitoritig Report to the appropriate DWQ Regional O17.ice in February of each year. The Subnlittai sl.tall be on firms supplied by the Division. Purl. Ill Page 6 of 8 P(,Tndt No. NCS00036.1 When no discharge has occurred libtt► the li►cilily during the report period, the ptTinillee is required to submit a discharge monitoring reliort, within 30 days of the and olthe six -mouth sampling period, giving; all requirtil info►nlation and indicating "NO FLOW' as per NCAC T 15A 028 .0506. : -- The permittcc hall record the required quartilative monitoring obscrvalions on the SDO Qualitative Monitoring R(-)ort form provided by the DMiion, and shall retain the completed forms on site. Visual monitoring results should not be submitted to the Division, except upon DSVQ's specific requirement to do S0. Submitting Renoris Two signed copics of Discharge Monitoring Rci)orts (DMR,) shall be submit*d to: Central Files Division of Water ( 1617 al ervlcG,_ crrltr' Raleigh, North Carolina ' 7699- Ira addition, a s(Imarate Signed Annual Sunrmary DMR copy S`l ',Jl;:be submitted to Ilie local DWQ Regional 011iee (RO) by March 1. of each year. Addressees for each RO and the counties covi-fitYl by each"RO can be found here: hula;I/portal.rrcdenr.or=;lrvclalvvcllhornelro. Tl # :laytiffittec shall retain'the conipleled"originals on site. :...:::: Visual ruonitoririg results shoj,'I l.not lu i bin itl Il lc the Regional 01'tices or Central Files unless spcvihcally requestal by DWQ :. ... ........ _ Availability of Reports Except for data de�lermini',;to be con:1 ddmial uuder NCGS 143-215.3(a)(2) or Swlion 308 of the Fcdcral Act, 33 USC 1318, all-rej tzi s pit pit i t accordance with thetennis shall -be available t'or public inspection at the ollices ot''t1jcIDivision of Water Quality. As requii-c�l by the Act, analytical data shall not be considem-d conficleulial. Knowingly making any false staleutent oil any such rLI)ort may resell in the imposition* of criminal Penalties as provided for in NCGS 143-215.613 or in Section 309 of the Fuleral Act. 4. Non-Stormwattr Discltarees Ll'tlte storm evoit nutnitoreLl in accordance with this Individual Permit coincides with a non-storrnrvater discharge, the perinittee shall st3)aralcly monitor all pa►rarnrlers as requirixi Under the non-stornrwater discharge permit and provide this i.nl'orrrtation with the slommater discharge monitoring rcporl. 5. PlatrneA Changes The permuttee shall give noticelo the Diredor as soon as poasiblcof any plaru►e . chaugcb at the permitted facility which could signilicantly alle-r the nalureor quantity of pollutants (ischarged. This notification rtM{uirc►I)0ll includus pollutants which are not specifically listed in the Individual Perna t or subject to notification requires eat►ts undt�i, 40 CFR Part 122.42 (a), 6. Anticimit(A Noncompliance The permittee shall give notice to the Direclor as soon as possihle of any plartrted changes at the permitted facility which lnay result in noncompliance with the Individual 11crrnit requirements. Pori Ill Page 7 of 8 Permit No. NCS000360 7. Shills The puulittec shall _mporr to the local D'WQ Regional Office, within 24 hours, Al signifrciull shills as de.liwed in Part 4'I of this permit. Additionally, the permiticc shall report spills including: any oil spill of 25 gallons or more, any spill regardless ofamount that causts a sheen on surface waiters, any ail shill regardless of amount occun-ing within 100 feet. of surface waters, and any Dil spill ICES than 25 gallows that calulDt 11c Cleill)(A up withhl 24 how's. 8. BlImss a. Antieipited b),pass. If'lhe put'111itIcc knows i11 advaiiec of Iic need for a bypass, it shall submit prior notice, il'possihle al least ten days before the date of the bypass; ineludkig an cwaluatiou of the auticipaled quality and afrmt of the bypass. b. Ulmill.icipatecl bypass. Tbc pc°rulitice shall sub.11ih udli� ithin 2�4;:hours of bwoming aware of ail unauticipillUt bypass, 9. Twenty -lour. Hour Rq)or1htg The permiltee shall report to the -central office or,:!!::::::i ij7 i.t�piiiiiie regional olrCe <any'llcuiwinpliance which may Erodanger health or the environulcut. And in4ilclnafii5 'tiitall be provided orally within 24 hours frown the link the permillLe. became awai•c of the: CircuuislallcC . A wrillat submission shall also be proviclLd within 5 days of the lime the permitlm b0606:Il7cw; kvxtr 'till talc circumslances. The wrillen submission shall c(Ill a fi a Cat w tip0011 of the nollCarnpliancc, gild its ULISC the period of noncompliance, including exact...c1,M" ::and'641is, and if the naalCanlphitnce haS 1101 bCC11 C01TWlal, the ,I]LkipalCd tiDIC CO1l1pha11cuj":,expcxtetlA.P Colllimie; and steps takim or plannal to rcxlucC, eliwliwate, acid prevcnt ruslccurrence of th4' lonconipl < i3uC. . The Director May waive-W '.Writ,tbi'rcvon ai a case -by -case basis if the oral repoil has been roceivcxl within 24 hours, 10. Other Noncom liance The perulittcc Aall report all instam:cs of noncoillplia11cC pal I'CTOrlrxl under 24 hour reporting at the tinie motliloring reports are submilml. 11. OIhLT Intorillatio❑ Where 11tc permilltxr bcv)ines aware that it flilat to submit arryrelevant fircts in a Notice of Intern to be covercxl under this Individual Panut or in any report to the Director, it shall promptly submii such facts or information. Partin Page8of8 NCS000360 PART IN' LIMITATIONS REOPENER This individual permit shall be modiflul or allcmatively, revok(A and reissucd, to comply with any applicable elflucitt guideline or water quakly standard issued or approved under provisims of the Clam Water Act, ifthe effluent guidelino.or water quality sla.ndard so issued or approvcxi: a.. Contains dillcrent comclitiocrs or is otherwiw snore stringent than any elilueart linrilation in the individual permit; or h. Controls any pollulant not lirniml in the individual peranit. The individual permil as nnodilial or reissued under this dim igra h sliiiil 4::LL. s a conlai;n any other requirenmits in the Act t acm aplil rear le. PART V ADNITNISTERING AND C=i REQ I A RE'611 The pffmittee rrrrast pay the 1da11ir1is1.CrilL8 and Coi tpliakb 11 0 by the Division. Failure to pay the ice i f,timc lya imurrr pia: m this Division to i.nitiatc action to rcYvoku 11 izIn(hsr'fi al Permit- E h7ONITORING FEE todt)g ftv within 31) (thirty) days alter being billed rdance with 15A NCAC 2H .0105(b)(4) may cause PA RT'VI DEFINITIONS Act Sex' Clean Water Act. Allowable Non-Stormwater Disdharges This permit regulates stori.imrm rr discharges. Nom-stonnwatir discharges which shall be allowed in the StarnrwatLn• u7nveyance system are: (a) All other discharges that are authorized by a non-stonriwalcr NPDES peranii. (b) UucoutaminatLyl grorurclwatoa', foundation drains, air-conditiOlICT condc-nsaw without addetl chemicals, springs, dkch;arg s ofuncxnalaminaml poiablewater, waterline, and fire hydrant llushimgs, water from footing drains, flows lion riparian habilats and wetlands. (c) Discharges resulting front lire -fighting or lire -lighting training. Best ManagcanCRI Practice;, (BMPS) Mewaires or practices uscxl to reduce 11aC alr]lOrlral of pallutiou cantering surfiace waters. BMPs unay take the horan Of process, act ivily, or physical structure_ More inliornmtion om BMPs can be.. found at: littp:Hcfl)tit).cpa. gov/arpdes/sionnwatcr/iu(,iiuothntps/iardex.0 ltn. 4. By ;ass A bypass is the known diversion ol'stonnwaler front any portiou ofa stornwater control facility including the COIICUiUlt yVS1Cl71, which, iS not a du igocxl or o—tablished operating mode liar the l,acilily. 5. Bulk Slomae orLiouid Products Liquid raw naalerials, manuf:rcturul products, waste malcrials or by-products with a single above. ground storage container ]raving a capacity ol'greawr thaat 660 gallons or with multiple alxwe ground storage contailaerS locatU(I iD closC 11roximnity to (Mich other having a total urmbirml storage capacity of grealer than 1,320 gallons. Parts lV, V Brae] 111 Page 1 of 4 Permit No. NCS000360 6. CeTtifiealcofCovenigg The Certificate of Coverage (COC) isAw cove,�r sheet which accompani"N the Iadlvidual Pei•Inll upol] issuance and lists 111u facility name,-localim, receiving stream, river basin, of mlive date ol'coverage under the perulut anti is signexlhy the Director. Clean Water Act The Federal Water Pollution Conlrol Act, also known as the Clean 'i'4'aILT Act (CWA), as amoidcxl, 33 USC 1251, cl. scq. A, 8• Division or DVVQ The Division al'Water Quality, Dcpanincnal ofEnvironntent. and Natural Resources. 9. Director The Director of the Division of Wat'Cr Quality, the pain IS�uiitg �iutti.��r 1y: I(I. EMC The North Carolina Eitvironncnlal Management Cptiunt»ioIr l I.. Grab SainyIc, An individual sample collectcxl itwantancod� ly. _;Grail s ianpics lbal wilt be analym.1(quantitatively or qualitatively) must be lak6ii withiii the ttr4-,";D tliatnulps"of discharge. 12. Hazardous Substance Any substance designated tm4r .,40 CER P ai`1''I 16 pursuant to Smtion 311 of thc. Clean Water Act. , 13. Landfill , A disposal facility or parC.6f a (ispmi"il facility whLre waste is placml in or on land and which is not a land mis treatirmit facility, a 5ttll,i t inrlx,muilmenrl, all injection well, a hazardous waste; long-term storalc facility or a surface storage fiacility`�''''''"'''''' 14. Njunicipal Sgmratc Sloan Sewcr Svsteut A slo n waler collection system wilhin att incoij)oralcxl areit of local sell-govcrrtnacnl sliCh as a oily or town. 15. No Expostu•e, A condition of no exposure means that all industrial ❑iaterials and activities arc protecttxI by a storm resistant shellcy or acccplable storage coidainers to prevent exposure IL) rain, snow, suowinell, or runoff. Industrial materials or activilies include, bul arc not limited to, nialcrial handling exluipmetit or activities, industrial machinery, raw materials, k4crinctlialc products, by-products, finat products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Slormwater Pcrmaitting roquiremcaats only if a facilily coutlilies with the terms and Wlldiliolas describexl it) 40 CFR § 12126(g) lfi. Notice of fillew The state aplilication flrin which, when ublnill(A IL) the Division, cillicially indicates ilte f•lcility's notice oNot ent to seek coverage under an Endivitlual PCTtilit. 17. PcTillittee The owner or opefator issitexl a-t crtifcale. ol�covenge pursumit to Yaks Individual I'd-Init. Part VI Page 2 of 4 Pages Permit No. NCSM03611 18. Point. Source Discharge of Stortnwalc�r Any discenaible, contused and discrete conveymice iuchading, butnot spccifically limit(xl to, any pipe, ditch, channel, tunnel, conduil, well, or discrete fissure from which siormwater is or may be discharged to Worms oftho State. 19. Represci lative Storm Evclit A slorm event that nteasums greater alum 0.1 ntclte5 ofraiD,CidI. The lints between this storm even and the previous storm event tneasau-ilIg glTatta' Iau 0.1 inchts must be at Iensl 72 hours. A Suagke sionn Cyt'tat truly hayC a period oft►o precipitation of up to 10 hours. For example, if it rains but slops before producing any colleclable discharge, a santple tnaty be collecle l if the next rain producing a discharge begins within' 10 hours. 2o. RcllremitativeOutfit]] Status Men it is established that alas discharge of stormwater runcilffroIn a;;single autfall is rc't)rQ-sLmtalive of the (liScltargcs at tivaltiple outlalls, the DLirQ may grant represLaatalius; ialfall status. Rcpresmtative oulf ill sialus allows the peruuttee to perlonn ;analytical mouatonng anti ► r laced number.ofouif3)11s. 21. SLcoatdary Containntuat Spill cont ainmeni for the contents ofllte single. IaargL�st.;titnkwiihin the ctnatai lnlellt structure plus sufficient frccbo and to allow for the 25-year, 24-huur.;:storlai``cvOil; 22. Seclion 313 Water Priority Cltemical A chemical or chemical category wllicll: a, Is listed in 40 CFI.372.65 pursu,aiit to.Sex,hori'313. of Title lit Of the SupC,�rfauld An►mcluietats and Reituthorization Ac,1 (S ARA) of,',1 �1 s6, ;rlsn'titlLcl the Emergency Planning and Cotnnumity Right - to -Know Act of 198ti, b. is present at or above, thr Ja net l6 l at a lacility subject to SARA title Ill, Seclion 313 reporting requirenncnls; and C. Musts at least one'of the tiallowi ig crileria: (1) Is lislcxi<un apImL.(. ix D of 40 CFR part 122 on Table 11 (organic. priority pollutants), Table Ifl (cclrtaijFinctals, cyanides, and phenols) or Table IV (certain toxic,pollutants Will llazarfl'Wl substances); - (2) Is IiSIcYI as a hazarclotta substance pursuatat to section 3 l 1(b)(2)(A) of the MA at 40 CFR 1 16.4; or (3) Is it liollutam liar which EPA has publiAml acute oa• chronic walcT quality criteria. 23. Severe Propeily Damage IUle,ms Substantial phylkill daancagc to prOPCTty, dantago to the control facilities which causes iliem to become inoperable, or Substaltliit] and permanent leas; oCnalural resources which can reasonably be expoctml to occur in the abs(mcc of a byl)ass. Severe properly damage sloes not incan economic loss caused by delays in production. 24- Siutaificalnt materials Includes, but is not limittA to: raw materials; titcls; materials such as solvents, detergents, and plastic pellLIS; finislk'A] trtalcriais such as andallic products; raw materials used in food processing or production; hazardous substances dcsignated under section 101(14) of CERCLA; any chemical the faculty i5 mlatired to repoia pursuaant io sex ion 313 of Title Ill of SARA; ferti lizcTs; pesticides; and waste products such as aslaLy, slat and studgo Ihat have the pot(7uial to be ruleascx] with Slortnwater discharges. . 25. Significant Spills Includes, but is not lilt►ilCd to: releases of (.At or hazardous substances in excess c)freportable duantilk tuldL1. section 311 ol'1he Clean Water Act (Ref, 4l) CFR 110,10 and CFR 117.21) or section 102 of CERCLA (Rer:40 CFR M2.4). Part VI Page 3 of 4 Pages Permit No. NCS000360 26. Stormwater Discharge0utfall (SDOj The point o departure of stortnwater from a discernible, continetI, or disucte conveyance, including but not limited to, storm sewer pipes, drainage ditchci, channels, spillways, or chamicliztxl collection areas, from which stortnwatcr tlows directly or indirWtly i1110 watel-S of the Slate of North Carolina. 27. Storinwater Ru1101Y The lldw ofwater which r[.yults fi-onl precipitation and which occurs initimliately following rainfall or as a,rt�tlll []t SROL[r>t1Ch.. 28. Slornlwater Associated with Industrial Aclivily Thc, d Scharge.from any point source which is usml for collcxling and conveying slorinwaler and which is dircully relatcxi to ulanulacturing, proccssing or raw malcrial storage areas al an industrial site. Facilidus considcreel In be engagcr[i in "industrial activilica" iuclucle ttlosti sis Iivitics defined in 40 CFR 122.26(b)(.14).. The terns does not include discharges fra"I'll excluded Iro1n die NPDES program• 29. Slornnvsller Pollulinn Previvion Plan A comprehensive sile,-spLcific plan which duails ingc .gjres-i7i►�tprndices to ruluce Slormwaler pollution snit iS NSW on an evaluation of the polJalion pgt:eitti i t;l.ihc: itc. 30- Total MMiMUni Daily Load (TMDL TMDhs are writtcu plan, tifr attaining watcr duality standards, in Al seasons, for a Specific water body alid poll tit iAn(A I[v1'; €it ,1p19 vul TMDL, for the state of North Carolina can be found at http:/11t2o.cnr.state. nc.USA iri4l1f 31. Toxic Pollutant Anypollutanl listed as toxle under S�firin 307(�'i)(1) ul'tltc Clean W,'iter ,act. 32. 1 uhicle Nlalllletlr_lnceAdiL i r Vuhicle rehabilitation, mix,hrmt(:�al rcpairs, painting, fueling, lubrication, vehicle clemii►tg opertitions, or airporl deicing operations. 33. Visible, Sedinlentaliott Solid particulate hatter, both tn.ineral and organic, that Ilas been or is being lransportel bywaia-, air, gravity, or ice from its site of origin which cat► be Seetl with the utlaicdel eye. 34. 25-vear, 24 hour storm event The maxiinum 24=hour prccipitatiotn event expected to be equaled or excctixlcxl, on tht: average, once in 25 years. Part V1 Page 4 ol'4 PogQLs Y` DEPARTMENT OF HEALTH & HUMAN SERVICES December 29, 2010 Mack Wiggins NCDENR Division of Water Quality Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Dear Mr. Wiggins: Public Health Service National Institutes of Health National Institute of Environmental Health Sciences P.O. Box 12223 Research Triangle Park, N.C. 27709 Website: www.niahs.nih.gov The NIEHS was previously granted Representative Outfall Status (ROS) during the late 1990's for the stormwater discharge outfall located at Building 108. The NIEHS has referenced the ROS in official correspondence since that time. However, the original letter from the NCDENR that granted ROS could not be located for submittal with the stormwater permit renewal application. Therefore the Division of Water Quality has requested submittal of a new ROS application. The ROS application and supporting materials, including maps of the current stormwater discharge outfails, are attached. The NIEHS is requesting ROS for the Building 108 stormwater discharge outfall. All stormwater discharge outfails located on the NIEHS Campus serve drainage areas with similar environmental aspects including employee parking lots and delivery vehicle traffic. The Building 108 outfall is best suited for stormwater analytical monitoring as the associated drainage area features include employee parking lots�and delivery vehicle traffic along with petroleum deliveries, chemical deliveries, an incinerator plant, and waste handling facility operations. Also, an individual stormwater permit is required for the waste handling facility as this operation is listed among the 40 CFR Part 122.26 industrial activities subject to permitting. Analytical results for samples collected at the Building 108 outfall are attached. Analytical monitoring has not been conducted at the North Lot, South Lot, F-Module, or Building 104 outfalls. The NIEHS requests approval to limit qualitative monitoring to these locations and the Building 108 outfall. This would reduce the burden of evaluating discharge from natural and lightly developed areas. Please let me know the outcome of this request at your earliest convenience. Submittal of the ROS request was delayed to allow adequate time for facility mapping. The NIEHS only has until February 28, 2011 to collect stormwater samples during the first sampling period. I can be reached at 919-541-4234 if you have any questions concerning the attached information. Sincerely William K. Steinmetz Environmental Compliance Specialist RECEIVED Attachments DEC 3 0 2010 NC DENR Raleigh Regional Office NCDENR NORTH CMbuw GCMRTMENT or ;"RONMEW Wo Ncun. ResouRces Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System REPRESENTATIVE OUTFALL STATUS (ROS) REQUEST FORM FOR AGENCY USE ONLY Date Received Year Month Day if a facility is required to sample multiple discharge locations with very similar stormwater discharges, the permittee may petition the Director for Representative Outfall Status (ROS). DWQ may grant Representative Outfall Status if stormwater discharges from a single outfall are representative of discharges from multiple outfalls. Approved ROS will reduce the number of outfalls where analytical sampling requirements apply. if Representative Outfall Status is granted, ALt out are still subject to the qualitative monitoring requirements of the facility's permit —unless otherwise allowed by the permit (such as NCGO20000) and DWQ approval. The approval letter from DWQ must be kept on site with the facility's Storm water Pollution Prevention Plan. The facility must notify DWQ in writing if any changes affect representative status. For questions, please contact the DWQ Regional Office for your area (see page 3). (Please print or type) 1) Enter the permit number to which this ROS request applies: Individual Permit (or) Certificate of Coverage N I C I S 101010 1316 Q 1 N I C I G 2) Facility Information: Owner/Facility Name Nat i onca l of En Vi ror, r► r1!1 I Hea f k Sc en c Facility Contact Wi 11 ig rn St-6 r+ rn ei z Street Address Ili T W. A 1 e- an -der Dlr � Ve City R T P State l/C ZIP Code '.I '-1 -1 Dq County C)L.t (,hg r,-, E-mail Address S±e<1_n Men- @ nip —his, ni In ,9Dv Telephone No. 19 541- M 2 3 i1 _ _ _----_-__ Fax: ,�1 � 3) List the representative outfalls) information (attach additional sheets if necessary): Outfall(s) ?U►14'„nci lCy is representative of Outfall(s) Outfalls' drainage areas have the same or similar activities? XYes ❑ No Outfalls' drainage areas contain the same or similar materials? ,,Yes ❑ No Outfalls have similar monitoring results? ❑ Yes ❑ No )[No data* Outfall(s) Nurtlj Lot is representative of Outfall(s) _ BLt; 1c-lrn�N_ J D$ Outfalls' drainage areas have the same or similar activities? *Yes ❑ No Outfalls' drainage areas contain the same or similar materials? )Oes ❑ No Outfalls have similar monitoring results? ❑ Yes 7"No )'No data* Outfall(s) '_�")' n ut h i D7_ is representative of Outfall(s) � U Outfalls' drainage areas have the same or similar activities? XYes ❑ No Outfalls' drainage areas contain the same or similar materials? >les ❑ No Outfalls have similar monitoring results? ❑ Yes ❑ No 1ANo data* *Non-compliance with analytical monitoring prior to this request may prevent ROS approval. Specific circumstances will be considered by the Regional Office responsible for review. Page 1 of 3 SWU-ROS-2009 Last revised 12/30/2009 Representative Outfall Status Request 4) Detailed explanation about why the outfalls above should be granted Representative Status: (Or, attach a letter or narrative to discuss this information.) For example, describe how activities and/or materials are similar. See Cove 1_e 5) Certification: North Carolina General Statute 143-215.6 B(i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a ruiemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). I hereby request Representative Outfall Status for my NPDES Permit. I understand that ALL outfalls are still subject to the qualitative monitoring requirements of the permit, unless otherwise allowed by the permit and regional office approval. 1 must notify DWQ in writing if any changes to the facility or its operations take place after ROS is granted that may affect this status. If ROS no longer applies, I understand I must resume monitoring of all outfalls as specified in my NPDES permit. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. yV i Printed Name of Person Signing:I t l gi23 1'� 'Ste t n rrl e. t Z Title: irhVi rbrn wte.nt9 I Co12G r. (Signature of Applicant) (Date Signed) Please note: This application for Representative Outfall Status is subject to approval by the NCDENR Regional Office. The Regional Office may inspect your facility for compliance with the conditions of the permit prior to that approval. Final Checklist for ROS Request This application should include the following items: X This completed form. Letter or narrative elaborating on the reasons why specified outfalls should be granted representative status, unless all information can be included in Question 4. Two (2) copies of a site map of the facility with the location of all outfalls clearly marked, including the drainage areas, industrial activities, and raw materials/finished products within each drainage area. Summary of results from monitoring conducted at the outfalls listed in Question 3. Any other supporting documentation. Page 2 of 3 SWU-ROS-2009 Last revised 12/30/2009 ti �j'�' • Qua Division of Water Quality / Surface Water Protection RMENR National Pollutant Discharge Elimination System Now C�ouw Dc men or E""R`Hme"�'"° "Q A""""' REPRESENTATIVE OUTFALL STATUS (ROS) REQUEST FORM FOR AC:NCY USE ONLY Date Received Year Month Day 3) List the representative outfall(s) information (attach additional sheets if necessary): (CONTINUED) Outfall(s) F MCIJ u 1 e. is representative of Outfall(s) _ 8u 10 i ..1 q 1 Dg Outfalls' drainage areas have the same or similar activities? X'Yes ❑ No Outfalls' drainage areas contain the same or similar materials? >'Yes o No Outfalls have similar monitoring results? ❑ Yes ❑ No ,$(No data* Outfall(s) is representative of Outfall(s) Outfalls' drainage areas have the same or similar activities? Outfalls' drainage areas contain the same or similar materials? Outfalls have similar monitoring results? ❑ Yes ❑ No ❑ Yes a No ❑ Yes ❑ No ❑ No data* Outfall(s) . is representative of Outfall(s) Outfalls' drainage areas have the same or similar activities? ❑ Yes ❑ No Outfalls' drainage areas contain the same or similar materials? ❑ Yes ❑ No Outfalls have similar monitoring results? ❑ Yes ❑ No ❑ No data* Representative Outfall Status Request Mail the entire package to: NC DENR Division of Water Quality Surface Water Protection Section at the appropriate Regional Office (See map and addresses below) Notes The submission of this document does not guarantee Representative Outfall Status (ROS) will be granted as requested. Analytical monitoring as per your current permit must be continued, at all outfalls, until written approval of this request is granted by DWQ. Non-compliance with analytical monitoring prior to this request may prevent ROS approval. Specific circumstances will be considered by the Regional Office responsible for review. For questions, please contact the DWQ Regional Office for your area. Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Washington Regional Office 943 Washington Square Mall Phone (828) 296-4500 Washington, NC 27889 FAX (828) 299-7043 Phone (252) 946-6481 Fayetteville Regional Office FAX (252) 975-3716 Systel Building, 225 Green St., Suite 714 Wilmington Regional Office Fayetteville, NC 28301-5094 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 433-3300 FAX 910/ 486-0707 Phone (910) 796-7215 FAX (910) 350-2004 Mooresville Regional Office 610 East Center Ave. Winston-Salem Regional Office Mooresville, NC 28115 585 Waughtown Street Winston-Salem, NC 27107 Phone (704) 663-1699 Phone (336) 771-5000 FAX (704) 663-6040 Water Quality Main FAX (336) 771-4630 Raleigh Regional Office Central Office 1628 Mail Service Center 1617 Mail Service Center Raleigh, NC 27699-1628 Raleigh, NC 27699-1617 Phone (919) 791-4200 Phone (919) 807-6300 FAX (919) 571-4718 FAX (919) 807-6494 Page 3 of 3 SWU-ROS-2009 Last revised 12/30/2009 NIEHS Stormwater Monitoring Report Building 108 Outfall (Permit 1) Parameter Units 1999 Sample 2000 Sample 2001 Sample (Last Year Of Permit) Date 11/2/1999 10/12/2000 12/10/2001 Outfall Number Outfall 1 Outfall 1 Outfall 1 Outfall ID 1 108-1 108-1 108-1 Aluminum mg/1 6.17 1.99 1.11 COD mg/1 Not Required Not Required 78 EPA 624 u /I Not Required Not Required Not Detected EPA 625 u II Not Required Not Required Not Detected Field PH Units 8.1 Not Required 7.6 Rainfall Inches 0.43 0.23 1.37 Duration Minutes 540 420 900 Total Flow MG 0.0013 0.0006 10.0075 NIEHSISteinmetzlDec 2010 NIEHS Stormwater Monitoring Report Building 108 Outfall (Permit 2) Date Sampling Quarter Outfall Number Total Flow MG Precipitation inches Aluminum m IL COD m IL Field pH H units 08/09/2005 1 St 108-1 0.0161 3.00 0.419 11 7.4 12/28/2005 2nd 108-1 0:0012 0.21 2.560 63 7.1 02/22/2006 3rd 1 108-1 1 0.0012 1 0.21 1 0.598 1 27 1 6.1 04/17/2006 4th 1 108-1 1 0.0017 1 0.31 1 0.483 1 59 1 6.9 Notes: The 12/28/2005 sample contained sand that was applied to icy roads the week prior to sample collection Stein metz/N I E HS/Dec 2010 0 Q L U cu E L 0 co r W Z JS 5 O a C, 4 LL 3 O J L_ 7 O 0) � \ «.« . .. , yr4�.» -ram , a,»� . K 0 0 0 DIA u) U� C* ItOD N (D CL E �M �4g o� I w AV, lk �91 .♦ a ,. ♦ � I ♦�♦ebbs � ♦ b bmb ► ♦������*b°oe♦bbe�b�b I o r�� ♦-s- tee♦ � sy®b o e ati a e ♦ �e♦♦♦��' o "-�•y obb ♦ s♦e e♦b.a E .ebb®es�♦•. , ioae�o3♦♦b b+a -s ,asb. er�� e°��wbsbbeb'k►���� s� �' bbeaAe �iiei�b♦ ►e'� wPs® ®csr� �b�s�s♦ ♦b,. �� g,� n e®b ��i sb♦eee ��e�e. I � e♦♦ bbab c^s• �• I I N N O � o CV) N N IT CD North Lot Outfall Drainage Area: 338210.81ft2 Percentage Impervious: 36.98% +-• O 0 J L O C� cold V .=- A owl no. mommomm, An" 00 -ease*-* oa 0 N NOW 04 R I .+7 s ov I, VOrye p rr, k` INEZ DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service P'Ecrav ECD ,ON28Nil June 27, 2011EQ?9"g Mack Wiggins NC Division of Water Quality Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Dear Mr. Wiggins: National Institutes of Health National Institute of Environmental Health Sciences P.O. Box 12233 Research Triangle Park, N.C. 27709 Webslte: www.niehe.nih.gov An unauthorized non-stormwater discharge occurred on the NIEHS Campus when a potable water line unexpectedly separated on June 22, 2011 at about 12:50 AM. The incident occurred in Valve Pit 91, which is located just west of Building 105 near the north end of Power Alley or about 350 feet from an unnamed tributary of Burdens Creek. The water supply to the separated pipe was shutdown as soon as the source of the leak was determined and the appropriate isolation valve was located. However, water had to be was pumped from the flooded valve pit in order to allow access for repairs. About 200,000 gallons of potable water was estimated to have been pumped or discharged from the valve pit during the 21-hour event with about 50,000 gallons entering an unnamed tributary to Burdens Creek. A fish kill did not occur during this event based on surface water and shoreline inspections conducted on June 22, 2011 and June 24, 2011. Officials at the North Carolina Division of Water Quality were notified by telephone within ten hours after the incident started thereby meeting the initial 24-hour notification requirements. This was an isolated event caused by unexpected equipment failure. A written reporting form is attached as per your previous guidance. Please let me know if you require any additional information concerning this incident. Sincerely William K. Steinmetz Environmental Compliance Specialist Attachment f � WA '�9 `�Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART I This form shall be submitted to the appropriate DWQ Regional Office within five da sof the first knowledge of the sanitary sewer overflow (SSO). Permit Number: NCS000360 (WQCS# if active otherwi t t t I t NC/WQ# Facility: se use rea men pan ) National Institutes of Environmental Health Sciences (NIEHS) Incident # TBp Owner: united States of America City: RTP, INC 27709 Source of SSO (check applicable) ❑ Sanitary Sewer 0 Pump Station Raleigh County: ourham SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6, Manhole at Westail & Bragg Street, etc.) : _A broken water main near Building 105 discharged city water into an unnamed tributary of Burdens Creek Latitude (degrees/minute/second): 3M Incident Started Dt: 06-22-2011 Time- 0:50 am (mm-dd-yyyy) hh:mm AMIPM 000 Estimated volume of the SSO: 200,gallons Long itude(degrees/minute/second) 78152' Incident End Dt 06-22-2011 Time: 10:00 pm (mm-dd-yyyy) hh:mm AMIPM Estimated Duration (Round to nearest hour); 1-- Describe how the volume was determined: volume of vaive Pit #1 is estimated to be 180,000 gallons; added 20,000 gallons to account for overflow Weather conditions during SSO event: clear sky, light winds, air temperature •-75 degrees Fahrenheit Did SSO reach surface waters? ID Yes❑N011 Unknown Volume reaching surface waters (gallons): -•50000 gallons Surface water name: unknown tributary of NIEHS Lake! Burdens Creek Did the SSO result in a fish kill? ❑ Yes Z No ❑ Unknown If Yes, what is the estimated number of fish killed X- SPECIFIC cause(s) of the SSO: ❑ Severe Natural Condition ❑ Grease ❑ Roots ❑ Inflow and Infiltration ❑ Pump Station Equipment Failure ❑ Power outage Vandalism ❑ Debris in line 0 Other (Please explain in Part II) Immediate 24-hour verbal notification reported to: Mack Wiggins w ❑✓ DWQ ❑ Emergency Mgmt. Date (mm-dd-yyyy): 06-22-2011 Time (hh:mm AM/PM); 10:30 am If an SSO is ongoing, please notify Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1C(b), the responsible party of a discharge of 1.000 gallons or more of untreated wastewater to surface waters shall issue a press release within 48-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the referenced statute for further detail. The Director, Division of Water Quality, may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was caused by severe natural conditions and there were no feasible alternatives to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee andlor owner, and the discharge could not have been prevented by the exercise of reasonable control. Part 11 must be completed to provide a justification claim for either of the above situations. This information will be the basis for the determination of any enforcement action. Therefore, it is important to be as complete as possible. WHETHER OR NOT PART II IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM, CS-SSO Form October 9, 2003 Page 1 1 .F Whrr,- �v °y Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form Y Y A 9 PART I I ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTIONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I In the check boxes below, NA = Not Applicable and NE = Not Evaluated A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWQ REGIONAL OFFICE UNLESS IT HAS BEEN SUBMITTED ELECTRONICALLY THROUGH THE ONLINE REPORTING SYSTEM Severe Natural Condition (hurricane, tornado, etc.) Describe the "severe natural condition" in detail. How much advance warning did you have and what actions were taken in preparation for the event? Comments: Grease (Documentation such as Cleaning,_ inspections,_ enforcement actions, past overflow reports, educational material and distribution date, etc. should be available upon request.) When was the last time this specific line (or wet well) was cleaned? Do you have an enforceable grease ordinance that requires new or retrofit of grease traps/interceptors? ❑Yes❑ No ❑NA ❑ NE Have there been recent inspections and/or enforcement actions taken on nearby restaurants or other ❑Yes❑ No ❑NA ID NE nonresidential grease contributors? Explain. Have there been other SSOs or blockages in this area that were also caused by grease? 11 Yes❑ No NA NE When? If yes, describe them: Have cleaning and inspections ever been increased at this location? ❑ Yes❑ No ❑NA ❑NE Explain. CS-SSO Form October 9, 2003 Page 2 Have educational materials about grease been distributed in the past? When? and to whom? Explain? If the SSO occurred at a pump station, when was the wet well and pumps last checked for grease accumulation? Were the floats clean? Comments: Roots Do you have an active root control program? ❑Yes-] No❑NA❑NE ❑Yes❑ No❑NA❑NE 11Y110 No❑NA❑NE Describe Have cleaning and inspections ever been increased at this location because of roots? ❑ Yes❑ No NA ONE Explain: What corrective actions have been accomplished at the SSO location (and surrounding system if associated with the SSO)? What corrective actions are planned at the SSO location to reduce root intrusion? Has the line been smoke tested or videoed within the past year? 11 Yes❑ No NA 11 NE If Yes, when? Comments: Inflow and Infiltration Are you under an SOC (Special Order by Consent) or do you have a schedule in any permit that addresses Ill? CS-SSO Form October 9, 2003 ❑Yes❑ No ❑NA ❑NE Page 3 Explain if Yes: What corrective actions have been taken to reduce or eliminate I & I related overflows at this spill location within the last year? Has there been any flow studies to determine III problems in the collection system at the SSO location? ❑Ye`D No ❑NA ❑NE If Yes, when was the study completed and what actions did it recommend? Has the line been smoke tested or videoed within the past year? Yes❑ No U NA U NE If Yes, when and indicate what actions are necessary and the status of such actions: Are there III related projects in your Capital Improvement Plan? Yes❑ No LJ NA LJ NE If Yes, explain: Have there been any grant or loan applications for Ill reduction projects? Yes❑ No LJ NA U NE If Yes, explain: Do you suspect any major sources of inflow or cross connections with storm sewers? ❑Yes❑ No ❑NA ❑NE If Yes, explain: Have all lines contacting'surface waters in the SSO location and upstream been inspected recently? ❑Yell No ❑NA ❑ NE If Yes, explain: , What othef corrective actions are planned to prevent future III related SSOs, at this location?, _ Comments: Pump Station Equipment Failure (Documentation of testing, records etc., shout be provided upon request.1 What kind of notification/alarm systems are present? Auto -di ale rltelemetry (one-way communication) ❑Yes CS-SSO Form October 9, 2003 Page 4 Audible nes Visual ❑Yes SCADA (two-way communication) ❑Yes Emergency Contact Signage ❑Yes Other ❑Yes Describe the equipment that failed? What kind of situations trigger an alarm condition at this station (i.e. pump failure, power failure, high water, etc.)? Were notificationlalarm systems operable? 11 Yes❑ No U NA L NE If no, explain: If a pump failed, when was the last maintenance and/or inspection performed? What specifically was checked/maintained? If a valve failed, when was it last exercised? Were all pumps set to alternate? Did any pump show above normal run times prior to and during the SSO event? Were adequate spare parts on hand to fix the equipment (switch, fuse, valve, seal, etc.)? Was a spare or portable pump immediately available? If a float problem, when were the floats last tested? How? If an auto -dialer or SCADA, when was the system last tested? How? Comments: ❑Yes❑ No [INACNE ❑YesE] No ❑NA ❑NE ❑Yes❑ No❑NA❑NE ❑ Yes❑ No ❑ NA ❑ NE CS-SSO Form October 9, 2003 Page 5 Power outage (Documentation of testing, records, etc., should be provided of alternative power source upon request.) What is your alternate power or pumping source? Did it function properly? ❑Yes! No ❑NA El NE Describe? When was the alternate power or pumping source last tested under load? If caused by a weather event, how much advance warning did you have and what actions were taken to prepare for the event? Comments: Vandalism Provide police report number: Was the site secured? I_U Ye'D No ❑ NA D NE If Vaa hM6l7 Padlocked Control Panel Have there been previous problems with vandalism at the SSO location? YesE]No LINA NE If Yes, explain: What security measures have been put in place to prevent similar occurrences in the future? 11YesO No ❑ NA ONE Comments: Debris in line (Rocks, sticks, rags and other items not allowed in the collection system, etc.) What type of debris has been found in the line? How could it have gotten there? Are manholes in the area secure and intact? Ye No NA NE CS-SSO Form October 9, 2003 Page 6 When was the area last checked/cleaned? The area is checked every work day. lest cleaned with a water jet on DW7107 Have cleaning and inspections ever been increased at this location due to previous problems with debris? ❑YeSo No ❑NA ❑NE Explain: Are appropriate educational materials being developed and distributed to prevent future similar ❑Yes] No ❑NA ❑NE occurrences? Comments: Other (Pictures and a police report should be available upon request.) Describe: City water leaked from a separated pipe in Valve Pit NI. Water was pumped from the pit across 350 feet of vegetation and into an unnamed tributary of Burdens Creek. Were adequate equipment and resources available to fix the problem? ElYeo No[] NA ❑NE If Yes, explain: If the problem could not be immediately repaired, what actions were taken to lessen the impact of the SS07 The city water supply was shut off as soon as possible. Water was pumped from the pit for 21 hours In order to allow access for repairs. Comments: The city water discharge to an unnamed tributary of Burdens Creek was an isolated event that resulted from unexpected equipment failure. For DWQ Use Only: 1--I DWQ Requested an Additional Written Report: ❑Yez] No ❑NA ❑NE If Yes, What Additional Information is Needed: Comments: CS-SSO Form October 9, 2003 Page 7 As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the best of my knowledge. Person submitting claim: William K. Steinmetz Signature:y!/, r 1 ,/� Title: Telephone Number: 919-541-4234 Date: June 24, 2011 Environmental Compliance Specialist Any additional information desired to be submitted should be sent to the appropriate Division Regional Office within five days of first knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of this form is completed, if used). CS-SSO Form October 9, 2003 Page 8 j��'M S:tvltrs,G'RI t • s 'S r� hl�rrlo DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service National Institutes of Health National Institute of Environmental Health Sciences P.O. Box 12233 Research Triangle Park, N.C. 27709 Webslte: www.niehe.nih.gov February 15, 2011 RECEIVED Mack Wiggins B s 2��� NCDENR Division of Water Quality Raleigh Regional Office NCDENR 3800 Barrett Drive Raleigh RepionalOffice Raleigh, NC 27609 Dear Mr. Wiggins: The NIEHS Annual Summary Data Monitoring Report (DMR) is attached for calendar year 2010. Monitoring was not performed at the three stormwater outfalls with analytical monitoring requirements. This is because our monitoring requirements recently changed and the initial six month sampling period mandated by our individual stormwater permit continues through February 2011. The NIEHS plans to collect samples during the next representative storm event. Please contact me at 919-541-4234 if you have any questions regarding the enclosed report. Attachment Sincerely William K. Steinmetz Environmental Compliance Specialist STORMWATER DISCHARGE OUTFALL (SDO) ANNUAL SUMMARY DATA MONITORING REPORT (DMR) Calendar Year a O 4 c� Individual NPDES Permit No. NCS©❑0 ❑O ©®Q of Certificate of Coverage (COC) No. NCG❑❑❑❑❑❑ This monitoring report summary of the calendar year is due to the DWO Regional Office no later than March I" of the following year. Facility Name: tv l E t-i S County: D ur in q m Phone Number. (Cl 13 S y) 42 3 H Total no. of SDOs monitored Outfall No. 1 d Is this outfall currently in Tier 2 (monitored monthly)? Yes ❑ Nox- Was this outfall ever in Tier 2 (monitored monthly) during the past year? Yes ❑ No If this outfall was in Tier 2 last year, why was monthly monitoring discontinued? Enough consecutive samples below benchmarks to decrease frequency ❑ Received approval from DWQ to reduce monitoring frequency ❑ Other ❑ Was this SDO monitored because of vehicle maintenance activities? Yes ❑ No Parameter, (units) Total Rainfall, inches Benchmark N/A Date Sample Collected, mmlddlyy Plot MDnitoried D k G Y 200 SW U-264-Generic-25May2010 Additional Outfall Attachment outfall No. 10 S Is this outfall currently In Tier 2 (monitored monthly)? Yes ❑ Nox Was this outfall ever in Tier 2 (monitored monthly) during the past year? Yes ❑ NOX If this outfall was in Tier 2 last year, why was monthly monitoring discontinued? Enough consecutive samples below benchmarks to decrease frequency ❑ Received approval from DWO to reduce monitoring frequency ❑ Other ❑ Was this SDO monitored because of vehicle maintenance activities? Yes ❑ Nox Inches—,======== Date Sample_ SW U-264-Ge neric-25May201 0 Additional Outfall Attachment Outfall No. 102 _ Is this outfall currently in Tier 2 (monitored monthly)? Yes ❑ No� Was this outfall ever in Tier 2 (monitored monthly) during the past year? Yes ❑ NOA If this outfall was in Tier 2 last year, why was monthly monitoring discontinued? Enough consecutive samples below benchmarks to decrease frequency. ❑ Received approval from DWQ to reduce monitoring frequency ❑ Other ❑ Was this SDO monitored because of vehicle maintenance activities? Yes ❑ Nox ✓, Total 'Date Sample �000000000 SW U-264-Generic-25May2010 "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." Sign,, Date Mail Annual DMR Summary Reports to: DWO Re Tonal Office Contact Information: ASHEVILLE REGIONAL OFFICE FAYETTEVMLE REGIONAL OFFICE MOORESVILLE REGIONAL OFFICE 2090 US Highway 70 225 Green Street 610 East Center Avenue/Suite 301 Swannanoa, NC 28778 Systel Building Suite 714 Mooresville, NC 28115 (828) 296-4500 Fayetteville, NC 28301-5043 (704) 663-1699 (910) 433-3300 RALEIGH REGIONAL OFFICE WASHINGTON REGIONAL OFFICE WILMINGTON REGIONAL OFFICE 3800 Barrett Drive 943 Washington Square Mall 127 Cardinal Drive Extension Raleigh, NC 27609 Washington, NC 27889 Wilmington, NC 28405-2845 (919) 791-4200 (252) 946-6481 (910) 796-7215 M INSTON-SALEM REGIONAL OFFICE CENTRAL OFFICE 1617 Mail Service Center 'To preserve protect 585 Waughtown Street Winston-Salem, NC 27107 Raleigh, NC 27699-1617 and enhawe (336) 771-5000 1 (919) 807-6300 North Carotinaswater._." SW U-264-Generic-2510ay2010 Standard Operating Procedure for Sanitary Sewer Overflows I. Gather Required Information: Date of call Time of call Name of caller Caller phone # Facility name County Permit # SSO Start date 2 Start time �` d SSO End date Z 7 / / End Tlme '7! ?� Estimated volume of SSO /vv Location of SSO r / Cause of SSO r Steps taken to correct � i Did SSO reach surface waters Ve_s Name of Surface Water Volume reaching surface waters Conveyance Did SSO result in fish kill Received by Z. Enter SSO Into Access: Open the Microsoft Access file 9.\access\notice24 2.mdb. Open the Not1ce24 form At the bottom left of the form, click on the right arrow -asterisk symbol to bring up the next blank form Fill in the form and close Access 3. Enter Into SIMS Log Into the public portal version of BIMS(http:llbims.enr.state.nc.us:7001/Welcome,do) Go to Tasks, Incident, Enter Incident Enter NPDES permit number, then click on the Search button.; Fill in the SSO and 24 hour forms, record the incident number, then save the file and close. rr r rr r r r r r r r r■ r ■r r r rr �r rr rr Latitude: 35° 52' 44" * Longitude: 780 52' 27" I • USGS Quad #: D23NW (SW Durham) River Basin #: 03-06-05 (Cape Fear) �T Receiving Stream: NIEHS Lake to Burdens Creek l� Stream Class: C NSW . NA.E.H.S. I I I Tw Alexander Dr: RTP, Durham County NCS000360 OS GPMP ',,a9e RO SOv� \A N1�� n9 Dams 101, NIEHS Lake — Primary receiver of stormwoter NIEHS Lake drains into Burdens Creek 'Od' Burdens Creek drains into Jordan Lake Loading +4 O Unloading N0N 0 Area Storm ` y DrzM Loading. in Area* . 6�Gr y �B� ' Qo Vol I Warehouse Incinerator j Building Sb #5 EMS rr Loading log III Area Unloading Chemical Storage Building O&O a'� 100 M. I �n �00 9640 REPRESENTATIVE STORMWATER OUTFALL (BUILDING 108) Retention Pond North 0� Grass N Towards NIEHS Lake BIdg 105 Grass Bldg 106 Incinerators 1 Grass Roof Drain Discharge Towards NIEHS Lake Forest Pavement Boilers Fuel Oil Storage Tanks Storm Drain Trench Drain Pavement E85 Tank 1-12000 Gal Capacity I T Bldg 108 (Building 108) Chemical Stara e (OiVWater Separator) Representative Outfall g For Bldg 105 Tanks Grass Forest 100 Feet Towards NIEHS Lake A Roofed Loading Dock Equipment and Supplies to Control an Oil or Chemical Spill Type of Equipment Location Suggested Minimum Absorbent loose 101 - E module loading dock 2 bags Boom (Large) oil absorbent 101 - E module loadin E dock 3 bags -Spill Mat oil absorbent 101 - E module loading dock 100 mats -Spill Spill Mat universal absorbent 101 - E module I oading dock 100 mats Mat hazardous materials 101 - E module I oading dock 100 mats -Spill Mats/Pads/Booms oil absorbent Storage Bin - 104 Fuel Oil Tank 1 set of each -Spill Mat oil absorbent Storage Bin - 105 Tanks Loading Area 100 mats -Spill Booze (Small) 5" x 10 ft, oil Storage Bin - 105 Tanks Loading Area I bag� -Spill Boom (Large) 8" x 10 ft.- oil Stora a Bin - 105 Tanks Loading Area 1 bag_ -Spill Socks 4 ft, oil Storage Bin - 105 Tanks Loading Area 1 box -Spill Drain Blocker 30" x 30" drain cover Storage Bins at E85 Tank & 105 Tanks Loading Area 1 at each location Boom (Large) 10 ft, oil 105 - Room P-111 4 bags -Spill Sp ill Boom (Small) 4 ft, all 105 - Room P-111 3 bags Spill Dike 10ft.- all materials 105 - Room P-1 I I / E85 Storage Bin 1 at each location Mat oil absorbent 105 - Room P-111 100 mats -Spill Spill Mat universal absorbent 105 - Room P-1 I I 100 mats Mat hazardous absorbent 105 - Room P-111 100 mats -Spill Absorbent Roll 38"xl44'-oil 105 - Room P-111 3 rolls Spill Mat Solvent absorbent Storage Bin- E85 Tank Pad 100 mats Spill Socks 4 ft. — hazardous materials Storage Bin- E85 Tank Pad 1 box Spill Dikes (Large) 5" x 10" - hazardous Storage Bin- E85 Tank Pad I bag Absorbent/Pads/Booms general/oil/universal 106 — Shared Incinerator Area 2 sets of each Backhoe/Front-end Loader 106/Caged Area On West Side Area 1 piece of heavy equipment NOTE: Spill supplies are also located in Building 108 in order to provide materials necessary to respond to a spill at the loading dock or inside the building. M r M M M M M M M r M M M M M M M M M I . 0 I SPILL ACTION PLAN TEP ONE - IF SAFE, SHUTDOWN OR DIMINISH SOURCE OF SPILL .JSTEP TWO - SHUT DOWN OR REMOVE ANY POSSIBLE IGNITION SOURCE TEP THREE CALL NIEHS SECURITY OFFICE AT 1-2800 OR USE RADIO HSB TO CONTACT EPA SECURITY AT 1-2900 FOR ASSISTANCE DURING LARGE SPILLS kTEP FOUR - IF SAFE, AND IF TRAINED IN SPILL RESPONSE, ATTEMPT TO ' CONTAIN SPILLED MATERIAL ■ THE BUILDING 108 TRENCH DRAIN VALVE REMAINS IN THE CLOSED ' POSITION, HOWEVER, CHECK TO MAKE SURE VALVE IS NOT LEAKING IF SPILL OCCURS IN THIS AREA ■ USE READILY AVAILABLE ABSORBENTS ' ■ PREVENT SPILLED MATERIALS FROM ENTERING STORM DRAINS NEAR BUILDING 108 BY USING COVERS KEEP LARGER SPILLS FROM CONTAMINATING WATER OR LAND AREAS BY CREATING A BARRIER AND/OR DIRECTING THE FLOW STEP FIVE 'CONTROL SPILL MIGRATION BY PLACING ABSORBENTS IN I DOWNSTREAM SLUICEWAYS, PIPES, AND DITCH CHANNELS TEP SIX - BEGIN CLEANUP OPERATIONS USING ABSORBENTS TO SOAK UP POOLED MATERIAL, HIRE CONTRACT FIRM TO CLEANUP SPILL IF ' NECESSARY NIEHS semi-annual stormwater conveyance system inspection (Spring 2009) , Bill Steinmetz conducted a stormwater conveyance systems inspection at the NIEHS on April 30 and May 4, 2009. The following areas were inspected: Building 101C Fuel Oil Storage Tank Containment — tank containment 0.25" water with no odors, no sheen, and no evidence of leaks Containment Valve — Closed and locked High Alarm Test — Good Oil/Water Separator — No flow, no sheen, no odor NOTE: Fuel Line Tightness test conducted 1112006 with no leaks detected Certified tank inspection conducted on 1012312 00 7 Building 101 F-Module Generator and Fuel Oil Storage Tank Containments — tank containment dry with no odors, no sheen, and no evidence of leaks Generator containment was dry Containment Valves — Both shut High Alarm Test —No sound, will submit work order Fuel Level Indicator — 2550 gallons Oil/Water Separator —No flow NOTE: Certified tank inspection conducted on 1012312007 Buildin2 102 Fuel Oil Storage Tank Containment — tank containment dry with no odors, no evidence of leaks Containment Valve — Closed, access hatch locked High Alarm Test — Good NOTE: Certified tank inspection conducted on 1012312007 Buildine 105 Fuel Oil Storage Tanks Containment — Not inspected — gate locked Containment Valve — Closed and locked Fuel Level Indicator — Operational: 101570 gallons/97380 gallons Oil/Water Separator —No flow, no sheen, no odor Building 105 Fuel Oil Day Tank Containment — Dry, no sheen Containment Valve — Closed Building 105 Generator Base Tank Tank base — no evidence of leaks E85 Fuel Tank (85% ethanol/15% gasoline Containments — Locked High Alarm Test — Good Gauge Level — 11" NOTE: Cert fed tank inspection conducted on 1111812008 Building 104 Fuel Oil Tank Fill hatch containment — Locked High Alarm Test — Good Gauge Level — 3' 1" NOTE: Certified tank inspection conducted on 1111812008 Building 104 Generator Base Tank Tank base -- no evidence of leaks NOTE: Contract personnel inspect all fuel oil storage tank containments on a weekly basis. This inspection includes a visual examination of stormwater for the presence of oil sheen prior to draining the containment basins. Stormwater releases from the containment basins are recorded in a logbook. Outfalls Representative Outfall (Building 108) ' No non-stormwater discharges Receives stormwater from Building 108 trench drain, Building 108 parking lot stormwater drain, and some runoff from Buildings 105 & 106 paved areas, including the E85 fueling area Erosion Control One retention pond exists on the NIEHS South Campus to control stormwater runoff from steep area located between Building 104 and the Building 105 cooling towers. -Well-vegetated hill slopes surround the retention pond and riprap is located downstream of the outfall to reduce the potential for erosion. In addition, a pipe has been placed under the vehicle crossing point to reduce stream bed erosion. Stormwater discharge was clear at the time of inspection. Beavers continue to occasionally remove trees in and around the western finger of the NIEHS Lake. Some trees ' have been replaced in the Memorial Gardens area and are now protected with trunk barriers. Additional ground cover is recommended for the southern portions of the Memorial Gardens as a restorative effort. Vegetation coverage in the MR] area appeared satisfactory during the inspection. Vegetation coverage along the D- ' module shoreline near the picnic tables to the Fitness Center remains relatively unchanged since the previous inspection. However, there is less evidence of shoreline erosion caused by geese accessing the lake. The shoreline appearance across the lake from the Building 101 A -module Library is unchanged since the last inspection and ' remains eroded. Elsewhere, shoreline erosion is minimal. Land Disturbing Proiects Construction of a new Clinical Research Unit (CRU) modular building has been completed. The area surrounding the CRU has been seeded and groundcover appears to have improved since the last inspection. The Building 105 boiler replacement project continues and the storage area adjacent to the west side of the building will require ' reseeding once the outdoor equipment associated with this project is removed. A project to install security boulders across portion of the NIEHS campus has started. Ground cover impacts associated with this project will be monitored to determine whether any restorative efforts are needed. ' Corrective Actions The slump located along the fire lane just east of the MRI has partially collapsed and moved toward the NIEHS Lake. The collapse caused the shoulder of the fire lane to drop about 18 inches and break away from the road bed. A work order was submitted for repair of the slump. Grass cover remains acceptable since the ground surface has remained mostly intact. This area will be reexamined during the next inspection. The Building 105 oil/water separator discharge pipe has been rerouted underground to a small stormwater detention structure to reduce erosion ' on the hill slope located west of the building. _Non-Stormwater Discharges ' Cooling tower overspray was found to be minimal. Otherwise, there were no non-stormwater discharges discovered during this semi-annual stormwater conveyance system inspection, which was conducted on April 30 and May 4, 2009. Also, there have been no sanitary sewer overflows since March 2007. NIEHS semi-annual stormwater conveyance system inspection (Fall 2009) Bill Steinmetz conducted a stormwater conveyance systems inspection at the NIEHS on October 20, 2009. The following areas were inspected: Building 101C Fuel Oil Storage Tank Containment — tank containment 0.25" water with no odors, no sheen, and no evidence of leaks Containment Valve — Closed and locked High Alarm Test — Good Oil/Water Separator — No flow, no sheen, no odor NOTE: Fuel Line Tightness test conducted 1112006 with no leaks detected. Certified tank inspection conducted on 1012312 00 7 Buildin 101 F-Module Generator and Fuel Oil Storage Tank Containments —tank containment 0.25" water with no odors, no sheen, and no evidence of -leaks Generator containment was dry Containment Valves — Both shut High Alarm Test — Good Fuel Level Indicator— 2325 gallons Oil/Water Separator — No flow NOTE: Certified tank inspection conducted on 1012312007 Building 102 Fuel Oil Storage Tank r Containment — tank containment dry with no odors, no evidence of leaks Containment Valve — Closed, access hatch locked High Alarm Test — No sound, submitted work order for repair NOTE: Certified tank inspection conducted on 1012312007 Building 105 Fuel Oil Storage Tanks Containment — Not inspected — gate locked Containment Valve — Closed and locked Fuel Level Indicator — Operational: 99720 gallons/90830 gallons Oil/Water Separator — No flow, no sheen, no odor Building 105 Fuel Oil Day Tank Containment — Dry, no sheen Containment Valve — Open, closed valve Building 105 Generator Base Tank Tank base — no evidence of leaks E85 Fuel Tank (85% ethanol/15% gasoline Containments — Locked High Alarm Test — Good Gauge Level — I I" NOTE: Certified tank inspection conducted on 1111812008 Building 104 Fuel Oil Tank Fill hatch containment — Locked High Alarm Test — Good Gauge Level — 3' 1" NOTE: Certified tank inspection conducted on 1111812008 Building 104 Generator Base Tank Tank base — no evidence of leaks ' NOTE: Contract personnel inspect all fuel oil storage tank containments on a weekly basis. This inspection includes a visual examination of stormwater for the presence of oil sheen prior to draining the containment basins. Stormwater releases from the containment basins are recorded in a logbook. ' Outfalls Representative Outfall (Building 108) ' No non-stormwater discharges Receives stormwater from Building 108 trench drain, Building 108 parking lot stormwater drain, and some runoff from Buildings 105 & 106 paved areas, including the E85 fueling area Groundwater from the trench drain valve box is discharged into rip -rap just below this outfall Erosion Control ' One retention pond exists on the NIEHS South Campus to control stormwater runoff from the steep area located between the Building 104 warehouse and the Building 105 cooling towers. Well -vegetated hill slopes surround the retention pond and riprap is located downstream of the outfall to reduce the potential for erosion. In addition, a ' pipe has been placed under the vehicle crossing point to reduce stream bed erosion. There was no stormwater discharge at the time of inspection. Beavers continue to occasionally remove trees in and around the western finger of the NIEHS Lake. Some trees have been replaced in the Memorial Gardens area and are now protected with trunk barriers. Recent tree damage was not evident during this inspection. Vegetative cover between the lake and the southern portions of the Memorial Gardens appears acceptable. ' Vegetation coverage in the MRI area appeared satisfactory during the inspection. Vegetation coverage along the D- module shoreline near the picnic tables to the Fitness Center remains relatively unchanged since the previous inspection. However, there continues to be less evidence of shoreline erosion caused by geese accessing the lake. The shoreline appearance across the lake from the Building 101 A -module Library is slightly improved since the last inspection but remains eroded. Elsewhere, shoreline erosion is minimal. Land Disturbing Pro'ects Construction of a new Clinical Research Unit (CRU) modular building has been completed. The area north of the CRU has been reseeded and groundcover appears to have improved since the last inspection. The Building 105 ' boiler replacement project is nearing completion and the storage area adjacent to the west side of the building has been reseeded. A project to install security boulders across portion of the NIEHS campus has been completed. Ground cover impacts associated with this project have been minimal. The area disturbed by the Cafeteria stairs ' replacement project has been reseeded. This area will be reevaluated next spring. The Building 104 fire hydrant repair project is nearly completed with reseeding of disturbed groundcover expected within the next few weeks. This area is also slated for reevaluation during the next inspection. Corrective Actions The slump located along the fire lane just east of the MR] has partially collapsed and moved toward the NIEHS ' Lake. The collapse caused the shoulder of the fire lane to drop about 18 - 24 inches and break away from the road bed. A work order was submitted for repair of the slump. Grass cover remains acceptable since the ground surface is mostly intact. This area will be reexamined during the next inspection. Groundcover was acceptable around the ' small stormwater detention structure associated with the Building 105 oil/water separator. The concrete structure around the sanitary sewer manhole located north of Building 102 is cracked and will be reexamined during the next inspection. A work order has been submitted for the removal of trees and weeds growing in the Building 105 emergency generator corral and near the Building 105 fuel oil storage containment. ' Non-Stormwater Dischar es Cooling tower overspray was found to be minimal. Otherwise, there were no non-stormwater discharges discovered during this semi-annual stormwater conveyance system inspection, which was conducted on October 20, 2009. Also, there have been no sanitary sewer overflows since March 2007. DEPARTMENT OF HEALTH & HUMAN SERVICES July 2, 2010 Jennifer Jones NC Division of Water Quality Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Ms. Jones: Public Health Service National Institutes of Health National institute of Environmental Health Sciences P.O. Box 12233 Research Triangle Park, N.C. 27709 Webalte: www.nisho.nih.gov Til:ulli you for the opportunity to review the draft stormwater permit. The NIEHS has reviewed the permit and is providing comments in response to some of the limitations. The draft permit contains Stormwater Pollution Prevention Plan conditions and analytical monitoring requirements that have been strengthened. As such, the existing NIEHS plan must be revised to meet these requirements. The compliance schedule in Part III, page 1 of 8 states that existing facilities applying for a permit renewal shall annually update the stormwater plan. How much time is the NIEHS allotted in order to update the existing plan, which was revised in June 2010? The Certificate of Coverage designates the receiving stream "as a UT to Burden's Creek." The NIEHS would like to have the 27-acre NIEHS Lake incorporated into the receiving stream name. For example, the designation could be revised to "UT/NIEHS Lake to Burden's Creek" or "UT to NIEHS Lake to Burden's Creek." This would emphasize the proximity and downstream location of this water body with regard to facility operations. The NIEHS was granted representative outfall status (ROS) for the Building 108 outfall. We would like to have the sample location designated as ROS instead 'of stormwater discharge outfall (SDO) in Table 1: Analytical Monitoring Requirements and in the associated footnote. This would limit analytical monitoring to the Building 108 outfall only. The qualitative monitoring requirements have been changed and the stormwater visual evaluation is now to be performed during a representative storm event in conjunction with analytical monitoring. Does this mean that the qualitative monitoring must also occur with the first 30 minutes of discharge? In addition, the NIEHS requests approval to continue performing the qualitative monitoring at the representative outfall location only. Please let me know if you have any questions about our permit comments or if you would like additional information about the NIEHS facility. �Sincerely William K. Se�tz1'=' 1UL - 6 Z010 JUL - 8 2410 I1� l 14i. 11 � 0 NIEHS Stormwater Pollution Prevention Plan National Institute of Environmental Health Sciences 111 T.W. Alexander Drive Research Triangle Park, NC 27709 Reference: 40 CFR Part 122.26 Type of Facility: Federal Research Facility Applicable Component: Building 108 Waste Handling Facility Stormwater Permit No. NCS000360 Permit Expiration Date: September 30, 2007 June 2010 EMERGENCY CONTACT LIST 46 Report Outdoor Chemical Spills to Security----------------------------- 12800 LocalFire-------------------------------------------------------------- 12800 Ambulance-------------------------------------------------------------- 12800 Rescue-------------------------------------------------------------- 12800 Police-------------------------------------------------------------- 12800 Hazmat--------------------------------- --------- -------------------- 12800 Emergency After Hours Health & Safety Branch Contacts: Facility Spill Response: Paul Johnson Work: 5 41-423 7 Home: 919-845-6812 Stormwater Contact: Bill Steinmetz Work: 541-4234 Home: 919-362-8691 North Carolina Division of Water Quality--------------- 1-919-733-5083 Triangle Wastewater Treatment Plant (24-Hour) ----- 1-919-544-8831 Duke Power 24-Hour Customer Service Line----------- 1-919-845-4174 Sanitary Sewer Overflow Reporting: NCDWQ Durham County Inspector--------------- 1-919-791-4200 Local Emergency Planning Committee: Durham County Emergency Management Agency --Notified through 911 North Carolina Division of Emergency Management-- 1-919-733-3867 (24 Hour Emergency Phone Number For After Hours) 1-800-662-7956 National Response Center------------------------------------ 1-800-424-8802 24-Hour Emergency Spill Response*: Hepaco, Inc. (Durham, NC) --------------------------- 1-800-888-7689 Shamrock Environmental (Greensboro, NC) -------- 1-800-881-1098 `Note: Obtain management approval before requesting assistance from contract firms OA Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. A copy of the general location map from the current NIEHS individual stormwater permit is attached to the Appendix of this Plan as Figure I. This map includes all required information such as transportation routes, surface waters, receiving waters, and latitude and longitude of the discharge point. (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. Chemical waste, which is primarily generated within the Building 101 laboratories, is appropriately labeled and packaged before being transported via carts from the laboratories to the loading docks. The waste transport carts provide secondary containment and use absorbent pads to collect any spills that may occur while in transit. The chemical waste truck transports this waste from the loading docks to the chemical waste handling facility (WHF) located in Building 108. The chemical waste is processed and stored in Building 108 in preparation for incineration, long-term storage or shipment to an approved offsite disposal facility. The waste storage areas within Building 108 are segregated to keep incompatible materials separated while secondary containment bins are used to store the chemical waste and prevent potential spills in the event of a container leak. Also, there are no floor drains in the chemical storage areas and the floors within each room are sloped to prevent spill migration both from room to room and to the building exterior. The roofs covering the loading docks and the enclosed interior storage space within the waste truck limit exposure to precipitation. The Building 108 loading dock area includes a trench drain designed to prevent spilled chemicals from entering the stormwater conveyance system. The trench drain valve remains in the closed position during normal operations and is only opened to drain collected stormwater following a visual evaluation for sheen and discoloration. There are no outdoor storage or process areas associated with the NIEHS waste handling facility or any other NIEHS activities. A small sand pile stored outside near the north side of Building 107 is covered with a tarp to prevent migration into the storm drain system. This sand is applied to road surfaces to provide traction during icy conditions. There are no other materials stored outside except for bulk petroleum products, which are discussed at length in the NIEHS SPCC Plan. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and 3 activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, provide a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge. Two site maps are included in the Appendix of this stormwater pollution prevention plan. The first map (Figure II) provides a general overview of NIEHS Campus featuring the campus buildings, location of loading docks, and the primary stormwater drainage routes. This first map also indicates the location of Lakeview Drive, which is the road used by the chemical waste truck to transport chemical waste from the laboratory loading docks to the Building I08 waste handling facility. The second map (Figure III) features the representative stormwater outfall, which is located just north of Building 108. Stormwater discharged by the representative outfall travels through about 1000 feet of grassy and forested areas allowing for natural filtration of the surface water runoff prior to entering the NIEHS Lake: (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three previous years and any corrective actions taken to mitigate spill impacts. There have been no significant spills or leaks of chemical waste into the stormwater conveyance system during the previous three years. However, there has been one recent floor drain overflow that resulted in a small discharge of cooling tower process water mixed with rainwater into an unnamed tributary of the NIEHS Lake. The following table summarizes all spills and leaks that have occurred over the past three years. DATE SPILL LOCATION EVENT DESCRIPTION 12/17/08 NIEHS Main Gate Transmission fluid spill estimated at 2 gallons leaked from a contractor van at the NIEHS Main Gate. Spill was contained to pavement and did not reach surface water. 04/15/09 All solid waste Hydraulic fluid spill estimated at 6 gallons total leaked from dumpster locations garbage truck at all solid waste dumpster locations. Spill was contained to pavement and did not reach surface water. 07/16/09 NIEHS Main Gate Radiator fluid spill estimated at 2 gallons leaked from a passenger vehicle at the NIEHS Main Gate. Spill was contained to pavement and did not reach surface water. 05/27/10 Building 104 Cooling tower process water mixed with rainwater Warehouse overflowed the Building 104 floor drains and discharged into a nearby storm drain. The incident occurred while the cooling towers were being drained and led to an estimated release of 250 gallons to the environment. The incident was reported to Durham County and the NCDWQ. (e) Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. 11 4 There were no non-stormwater discharges discovered during stormwater outfall evaluations conducted on October 20, 2009 and April 22, 2010. The incinerators, boilers, chillers, and cooling towers located on NIEHS property are not connected to the stormwater conveyance system. "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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 111 William K. Steinmetz Environmental Compliance Specialist 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. (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. The NIEHS has measures in place to eliminate or reduce exposure of chemical waste to the stormwater system. These measures include covered loading docks, an enclosed waste truck, and segregated waste storage with secondary containment within the Building 108 WHF. Changing the methods of operation and/or storage practices is not necessary at this time. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released ' if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. Secondary containment exists for the bulk storage of fuel oil in all above ground storage tanks on ' the NIEHS Campus. Manually activated valves remain in the closed position at all times except to release accumulated stormwater following a visual evaluation. Accumulated stormwater is visually evaluated prior to release through the oil/water separators and into the stormwater ' conveyance systems. Records documenting the stormwater releases are maintained onsite for a period of five years. The E85 tank, which contains 85 percent ethanol and 15 percent gasoline, is double -walled and therefore considered to have secondary containment by design. The E85 tank ' pump, top -fill inlet, and bottom drain are all. designed with secondary containment and overfill basins. Fuel oil and E85 are the only liquid materials stored outdoors in bulk at the NIEHS. The Building 104 fuel oil tank and generator day tank are also double -walled. In addition, a secondary containment deck has been provided for the waste cooking oil drums stored under the roofline at the Building 101 A -Dock. ' (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater ' detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of ' stormwater discharges. The NIEHS operates three oil/water separators that receive stormwater discharge from ' aboveground fuel oil storage tank containment areas. All containment valves remain in the closed position until collected stormwater can be visually evaluated for sheen and discoloration. Stormwater releases occur weekly or as needed with records kept in a logbook. This logbook is ' reviewed for completeness on a quarterly basis. In addition, all ASTs are equipped with locked containment valves or locked fencing to limit access. The representative outfall located at Building 108 directs stormwater into a forested area, which provides natural filtration before the discharge enters the NIEHS Lake. A small retention basin located onsite retains a portion of the roof drain discharges from Buildings 105 and 106 to reduce stormwater flow into an intermittent stream that feeds into the NIEHS Lake. Rip -rap is located along several stormwater conveyances to reduce flow and prevent erosion. These conveyance systems are routinely examined to determine whether additional rip -rap is needed. A high -hazard dam located onsite for stormwater control is maintained by the NIEHS. Water held back by the dam creates a permanent 27 acre lake. Best management practices associated with the dam include maintaining uniform vegetation cover, removing trees to avoid root damage, and semiannual mowing to control overgrowth and vegetation type. The NIEHS has 6 contacted the NC Division of Land Resources and requested an official inspection of the dam to review structural safety and operational compliance. The NIEHS provides annual RCRA contingency, SPCC and stormwater management training for all waste specialists, oil handling personnel and employees involved with facility operations, maintenance and repairs. Annual drills are also conducted to evaluate spill response plans, cleanup procedures and preventative maintenance activities. Stormwater conveyances and controls are inspected at the minimum on a monthly basis. More frequent inspections occur after heavy precipitation events or in the event of land disturbing activities such as construction. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC may be incorporated by reference into the SPRP. The NIEHS has implemented a Spill Prevention Control and Countermeasures (SPCC) Plan that documents planning and response activities for fuel oil and E85 spills that are similar to those chemical spill actions mandated by a SPRP. Therefore, the NIEHS SPCC is equivalent to a SPRP with regard to fuel oil and E85 spill planning and response since these are the only liquid materials stored outside in bulk at the NIEHS. Transport of chemicals across the NIEHS Campus is not documented in the SPCC and will therefore be discussed as part of the SPRP section of this Stormwater Pollution Prevention Plan. The SPCC Plan is maintained by the NIEHS Health & Safety Branch and should be referenced for information concerning fuel oil and E85 spill planning and response. The RCRA Contingency Plan is also maintained by the NIEHS Health & Safety Branch and should be referenced for information concerning chemical spill response at the Building 108 waste handling facility. Supplies for controlling and cleaning oil and chemical spills are stationed at several locations across the NIEHS Campus. Also, the Building 108 loading area is equipped with a trench drain for containment of spills that can potentially occur during chemical waste transfer between the truck and the loading dock. The trench drain valve remains closed at all times except to release collected stormwater following a visual evaluation. The Building 108 parking lot is graded such that runoff from the parking area adjacent to the loading dock does not enter the trench drain. This minimizes the potential volume of stormwater entering the trench drain system in the event that a spill occurs during precipitation. Potential stormwater pollution sources not documented in the SPCC Plan include the possibility of small chemical spills at the Building 101 and Building 108 loading docks. Spill supplies are 7 located in Building 1Q8, and at the Building 101 E loading dock to address this potential. The loading docks at both locations are covered thereby minimizing the potential for a spilled chemical to contact precipitation and enter the stormwater conveyance system. Also, the largest container size for delivering chemicals to the Building 108 WHF is 2.5 gallons with most containers less than one gallon. This relatively small container size also reduces the potential for spilled materials to enter -the stormwater conveyance system. Spill supplies are located in Building 105 and Building 106 as preparation for potential chemical spills associated with water treatment products used in the boilers, cooling towers, chillers, and the scrubber. Most chemical transfer operations in Buildings 105 and 106 occur indoors which mandates a chemical spill response geared toward preventing materials from entering the sanitary sewer system via floor drains. However, 55-gallon drums containing petroleum and water treatment products are delivered to both Building 105 and Building 106 thereby providing the potential for chemicals spills to enter the stormwater conveyance system. Spill supplies are also located in bins situated outside of Building 105 near the fuel oil loading area and adjacent to the E85 storage tank. A table (Figure IV) documenting locations of spill supplies is located in the Appendix. The spill action plan established for responding to chemical spills is also attached to the Appendix of this SPRP as Figure V. The chemical waste truck is also a potential source of leaks and spills that may enter the stormwater drainage system during chemical waste transport from the Building 101 loading docks to the Building 108 WHF. The chemical waste truck also delivers boxes of packaged chemical waste from Building 108 to Building 106 for incineration. The chemical waste truck route when combined with the routes of other chemical delivery vehicles involves nearly the entire NIEHS Campus system of -roads. The Building 108 WHF receives waste from both the NIEHS and the EPA, with the EPA waste typically transported by truck via Facilities Lane. A map (Figure 11) depicting the major NIEHS stormwater drainage routes is attached to this Plan to provide guidance as to the general direction of flow for large chemical spills or for those spills which occur during precipitation events. 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. The loading docks and the cargo space within the chemical waste truck are kept clean and orderly. Also, chemical waste is not stored in unroofed areas and is not stored on the chemical waste truck. The integrity of the transport carts, secondary containment bins, and spill control equipment is evaluated on a monthly basis. All waste materials are tracked from the point of generation to the point of disposal. The fuel oil containments are inspected on a weekly basis to determine whether any maintenance activities are necessary and to visually evaluate stormwater prior to release. Facility inspections are conducted on a monthly basis to determine whether there are any non-stormwater discharges. (a) Storm Drain Policy The storm drain system is designed to efficiently remove stormwater from NIEHS roadways, parking lots, and low lying areas during precipitation and snowmelt events. The majority of the storm drains on the NIEHS Campus direct runoff water toward the lake. Disposal of beverages, trash, and other materials into the storm drain system that may contaminate or obstruct stormwater discharge is prohibited. (b) Non-stormwater Discharge Policy A non-stormwater discharge is water runoff from sources unrelated to natural precipitation events. Non-stormwater discharges are considered authorized or unauthorized depending on the origin of the discharged water. The following section describes the policy associated with the different types of non-stormwater discharges that may occur on the NIEHS campus. (i) Authorized non-stormwater discharges: Fire suppression systems Discharge of water into the stormwater drainage system from. fire hydrants and tanker trucks during fire -fighting or fire -fighting training is authorized. However, containment measures are required if the HSB determines that the runoff is potentially hazardous to the environment. Water discharged during fire hydrant and sprinkler system flushing is also authorized. Efforts must be made to limit the potential for erosion caused by hydrant and sprinkler flushing. Potable water Discharge of uncontaminated potable or city water is authorized. This includes water that is flushed, leaking, or otherwise discharged from the domestic or city water system. Large potable water leaks must be reported to the HSB. Routine washing of building exteriors and windows with potable water is authorized as long as no detergents are used. Potable water may also be used to rinse vehicles as long as water use is minimized to limit the volume of water discharged to the storm drain system Air conditioning & atmospheric condensate Discharge of uncontaminated air conditioning condensate is authorized. Uncontaminated water discharged from atmospheric condensation and from foundation drains is also authorized. Valve pits/utility vaults groundwater pumping The pumping of uncontaminated groundwater from valve pits and utility vaults into storm drains or onto the ground is authorized. Efforts must be made to limit the potential for erosion caused by surface water runoff from groundwater pumping. Landscape watering The watering of plants and vegetation in the landscaped areas on the NIEHS campus is authorized. Landscape watering should be efficiently directed in order to limit overspray and avoid discharges into storm drains. (ii) Unauthorized Non-stormwater Discharges: 01 Sanitary sewer system leaks ' Sanitary sewer system leaks must be reported to the NIEHS Security office at 1-2800. It is recommended that wastewater from the overflowing manhole be pumped to the nearest downstream manhole to reduce the release volume. Efforts should be made to reduce ' wastewater discharge from upstream sources during overflow events. Also, wastewater must not be pumped out of the overflowing manhole onto the ground in an effort to evaluate sewer line conditions. The NIH Office of Research Facilities (ORF) is responsible for requesting an offsite ' contractor to clear the sewer line in the event of blockage that results in an overflow. Vacuuming must occur with any jetting of the sewer lines. The HSB Environmental Compliance Officer is responsible for notifying Durham County and the NC Division of Water Quality of any ' changed condition or discharge to the environment. The HSB Environmental Compliance Officer is also responsible for submitting a press release to all Durham County print and electronic news media if an untreated wastewater discharge of 1000 gallons or more enters the ' NIEHS Lake. The HSB and/or the ORF landscape contract project officer are responsible for disinfecting the spill site through application of hydrated lime and removal of excess solids. ' High Temperature Hot Water (HTHW) line breaks HTHW line breaks must be reported to the HSB to allow for review of potential environmental impacts and to document the event. Water treatment chemicals within the HTHW system are ' volatilized upon contacting the atmosphere during leaks and line breaks. The recommended method for HTHW disposal, after it has condensed and pooled, is through pumping into the sanitary sewer system or onto the ground surface. However, water from HTHW leaks must be ' cooled to less than 100 degrees Fahrenheit prior to pumping from valve pits, utility vaults, and other contained locations. Chilled water system Chilled water leaks that flood a valve pit, utility vault, or other containment area must be reported to the HSB. The recommended method for chilled water disposal is through pumping water from the valve pit into the sanitary sewer system. However, the HSB determines the appropriate disposal method on a case by case basis. ' Cooling tower basin leaks & overspray Cooling tower basin leaks and overspray are considered to be sources of unauthorized non- ' stormwater discharges. Efforts should be made to limit the amount of overspray, splashing, and leaks from the NIEHS cooling towers. Building and window washing Water that contains detergents used in the exterior building and window washing process must be disposed offsite by the cleaning contractor or disposed onsite via the sanitary sewer system. ' Disposal of water contaminated with detergents or other cleaning agents into the stormwater drainage system is prohibited. Prior approval must be obtained from the HSB before onsite disposal into the sanitary sewer system can occur. ' Vehicle washing 1 10 Vehicle washing that involves detergent usage is generally prohibited on the NIEHS campus unless the activity occurs in an area where wash water can be discharged to the sanitary sewer system. The weekly disinfection of the CMB research animal delivery van is an example of this policy. The HSB has requested that this activity, which involves use of a detergent -based disinfectant, occur inside Building 106 near the floor drains in order to provide disposal via the sanitary sewer system. Vehicle maintenance activities Vehicle maintenance activities are prohibited since motor oil replacement, cooling system flushing, and other types of vehicle repair and servicing increase the potential for spills that can lead to an unauthorized non-stormwater discharge. Fluids leaking from vehicles parked onsite are reported to the HSB to generate a cleanup response and prevent stormwater contamination. 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. RCRA Contingency, SPCC Plan and stormwater management training is conducted annually. This training discusses proper spill response, cleanup procedures, and preventative maintenance activities. The Environmental Compliance Specialist is responsible for implementing stormwater training. Spill response drills that simulate leaks or spills of chemicals stored onsite are conducted on an annual basis. These drills typically assess spill response, adequacy of cleanup materials and communication between the adjacent EPA facility and the NIEHS. 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. The stormwater plan coordinator and other personnel involved in implementing this Plan are listed in the following table. An emergency contact list is provided on the first page of this Plan NAME POSITION RESPONSIBILITIES Environmental Compliance Overall coordination including plan Bill Steinmetz Specialist amendments, inspections, sampling. ulator contact for stormwater ermit Hazardous Waste Program �Re mplements plan activities such as spill Paul Johnson Manager prevention/response, preventive maintenance, housekeeping programs. Re ulator contact for RCRA permit Implements plan activities such as spill Carranza Smith Hazardous Waste Specialist prevention/response, preventive maintenance, housekeeping programs. NIEHS WHF. manager 1 .. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the dischargd of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. ' The Stormwater Prevention Plan is reviewed and updated on an annual basis and the NC Division of Water Quality is notified in writing of any changes that may impact the stormwater ' conveyance system. Amendments to the Plan for the year 2010 include the updated training and inspection dates. There were no modifications to the NIEHS stormwater conveyance system during 2009. An application has been submitted to the North Carolina Division of Water Quality for renewal of the individual stormwater permit. Quarterly stormwater sampling is not required until the Stormwater permit terms have been established. 8. Facility Inspection Program. Facilities are required to inspect ail stormwater systems on ' at least a semiannual schedule, once in the fall (September - November) and once in the spring (April -- June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Bill Steinmetz conducted semiannual Stormwater conveyance systems inspections in April and October of 2009. The results of those inspections are attached to this plan. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the ' log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. ' Bill Steinmetz is the file custodian for all stormwater related correspondence produced and received by the NIEHS. These files include letters, sampling results, and inspection results, along with current and former stormwater permits. There are no vehicle maintenance activities ' performed onsite. The NIEHS stormwater files are available for review by the North Carolina Division of Water Quality upon request. 1 12 ' � t APPENDIX Figure I. NIEHS general location map Figure II. NIEHS Campus loading docks & primary drainage routes Figure III. NIEHS representative stormwater out#'all (Building 108) ' Figure IV. Spill Supplies Table Figure V. Spill Action Plan — Chemical and Oil Spills Figure VI. Semi-annual stormwater inspection — April 2009 Figure VII. Semi-annual stormwater inspection — October 2009 ._ r�C S000360 ''� 't NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Facility Name: NPDES Permit Number: Facility Location: Type of Activity: SIC Code (if applicable): Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements Monitoring Data: Response Requested by (Date): Central Office Staff Contact: Special Issues: .special Issues F.. STAFF REVIEW AND EVALUATION NPDES Stormwater Permit National Institutes of Health, National Institute of Environmental Health Sciences NCS000360 I I I T.W. Alexander Drive, Research Triangle Park, NC USA 27709 P.O. Box 12233, Research Triangle Park, NC 27709., NC (Durham County) Health Research, Environmental Research 9199 See Figure 1 Cape Fear River Basin, Sub -basin 03-06-05 WS-IV, NSW See attached draft permit. See Table I May 26, 2010 Return to: Jennifer Jones, (919) 807-6379 ,IUN 14 2914 DFNR - 11V'NER COU Wetlands & g mweter Branch • Cannot find old pert -nit in the file or in central files., although letter from A. Lau stating that permit application is complete. o Need to get permit from pemittee. • Need to add Neuse NSW language in cover letter • Need to explain No Exposure denial in cover letter =i y • Had Aluminum cxcecdences. iL,' •-2-.Z.-�._- • In Jordan Reservoir Watershed Issue Ratio Scale: 1 eas to 10 hard Com fiance history5 Bencluuark exceedance 5 Location (TMDL, T&E species, etc) 7 Other Challenges: ROS`, 5 Difficulty Rating: 22/40 r )1allalion: 3 u MAY i Page 1 of 13 l rr NCS000360 • Roof drains cone from incinerators — therefore keep 624/625 in permit. Description of Onsite Activities: • Health Research, Environmental Health Research • The mission of the NLEHS is to reduce the burden of human illness and disability by understanding how the environment influences the development and progression of human disease. • Many lab chemicals on site to perform research on diseases and envirorunental stressors • Current/past research: Lung disease PCBs Benzene research diethylstilbestrol (DES) Breast cancer Hunan Development and Reproduction Asbestos The National Toxicology Program Cadmium Report on Carcinogens Alzheimer's Disease Lead Imjnune Function Cancer Research Pesticide exposure Documents Reviewed: (Not available to review in file) • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU File o Have all data that is in file • Central Files o Monitoring data but no copy of last/current pen -nit. • EPA Sector -Specific Permit, 2008 • 303(d) List, 2008 draft, 2006 final • 2008 (draft) Yadkin Pee-Dce Basinwide Plan • BIMS o No other permits found in B1MS. • TRI/EPA Envirofacts Warehouse o Cannot find any entries on NIEHS in NC. One in MD but that is all. History: • Facility started in 1978 • Date permit first issued: 6/31/1997 • Haz waste TSD in bldg 106 closed down 10/29/1999. Outfall I was related to this Bldg. Since that time outfall 1 has not been sampled. • 1999: Bldg 108 was completed. New chernical storage big. Old Chem Storage bldg (103) will no longer be used to store hazardous chemicals. • Date pen -nit re -issued; Expired , 6/30/2002, 5/7/07 • Date pennittee submitted renewal application: 5/3/2007 • Applied for No Exposure September 24, 2008. • RRO Site visit: 3/20/09. Due to hazardous waste storage, lots of 55 gal drans, 3 oil/water separators, above ground fiiel oil storage tank containment areas, Aluminum exceedences in past monitoring, and loading/unloading of haz waste area the site was ineligible for no exposm•e. RRO recommended to reissue pen -nit and not issue No Exposure. o Spoke with RRO — reconunended Monitoring for: ■ Oil & Grease, ■ 624 • 625 • COD Page 2 of 13 NCS000360 Figure 1: Map of Facility NCS000360 united States Government Nat. Inst. of Env. Health r. Durham, NC Latitude: 3511 52' 58" N WENS,- E Longitude: 780 52' 34" W County: Durham County 5 Receiving Stream: LIT to Burdens Creek Map Scale 1:20,664 Stream Class: WS-IV, NSW Sub -basin: 03-06-05 (Cape Fear River Basin) Facility Location Page 4 of 13 NCS000360 Central Office Review Summary: 1. Owner's Other Permits: • No non -discharge permits. • No other permits in BIMS 2. General Observations: o RRO site visit: lots of 55 gal drums, 3 oil/water separators, above ground fuel oil storage tank containment areas, loading;/unloading of haz waste area the site was ineligible for no exposure. RRO recommended to reissue permit and not issue No Exposure o Other: Aluminum exceedences in past monitoring, 2000 gal cap E85 tank, 4000 gal fuel oil tank, 1250 gal emergency generator day tank. Dispense fuel for NIEHS fleet vehicles. Tanks are double walled. o Haz waste: NIEHS operates Chem. waste TSD facility in bldg 108. Dock has trench drain for containment of spills. Before 2006 trench drain was open all the time. After 2006 trench drain was replaced to make easier and to be able to maintain and keep closed at all times. Trench drain is visually inspected before being released. 1. Haz Waste TSD closed down in Bldg 106? 3. Impairment: 303(d), Basinwide Plan reconuncndations... o NIEHS outfail discharges to the "NIEHS Lake" then to Burdens Creek (16-41-1-17-1(0.7)). Burdens" Creek is not listed on 303D list or have TMDL. However, Burdens' Creek discharges to Northeast Creek (I6-41-1-17-(0.7)a WS-IV water body (in 03-06-05) in approx 0:65 miles from where NIEHS discharge enters into Burdens' Creek. Northeast Creek at this segment has a TMDL for Fecal Colifonn. It also is on the 2010 303D list and is impaired for Aquatic Life (due to Copper, 'Turbidity, and Low DO). o Jordan lake 'TMDL: Chlorophyll a o In Jordan Lake Watershed — TMDL for TN and TP. 4. Threatened and Endangered: No Endangered aquatic animal species were found near the NIEHS Site. Only plant species were . However, Ccardandw? dru glassii 131-itton is facultative or obligate wQtla aid print. 5. Location: o Location is _just upstream of WS-IV, not clear if it is draining to C or WS-IV. a Drains to NIEHS Lake — which is not on 'NC water bodies list o Has TMDLS o There are 2 locations of the facility — appears to have more locations 6. Industrial Changes Since Previous Permit: o Haz Waste TSD closed down in Bldg 106? o Reduce flow of SW into NIEHS lake by addition of rip -rap. o installation of a 2000 gal capacity E85 Storage tank, a 4000 gal fuel oil storage tank, and a 1250 gal emergency generator day tank. E85 provides alternative fuel for NIEHS fleet of vehicles. E85 is double - walled and includes overfill alarm. Oil storage tank and generator day tank are double walled. Piping is double walled as well. o Bldg 108 has trench drain for containment spills. Parking lot is graded to draw water away from structure and minimize volume of SW. Trench drain has a new lock on valve and remains closes which is a new practice. Rainwater is visually inspected before releasing. Page 5 of 13 - NCS000360 7. Analytical Monitoring Notes: o There have been a number of exceedences in Aluminum, and one in COD. Monitoring was only required in the first and last year of the permit — quarterly. This will change in the new permit to semi- annually. o When 624 and 625 were tested — outfall 2 exceeded Human Health for PAHs and Freshwater Standards for Fluoranthene. 624 and 625 need to be continued, o COD will be kept in the permit. BOD will also be added as Chlorophyll a is part of the TMDL for Jordan Lake. o Jordan Lake Rules and Jordan Labe TMDL require monitoring of TN and TP to identify existing pollutant sources in these watersheds. 'these will be added to the permit. See attached information on Jordan Lake Rule Summary and Jordan Lake Rules for more information in background. o This site may be a good candidate for monitoring acute toxicity of sw -- especially coming from roof drains where incinerators are exiting above those roofs. However, we are riot ready to incorporate acute toxicity monitoring into this permit as of yet, and I think that we should see how it works at other facilities and perhaps implement in the next monitoring scheme. o RRO needs to re-evaluate representative status. 8. Qualitative _Monitoring Notes: o 8 Petroleum spills since 1978. 9. Other: o ROS was granted for outfalls — see Q/A section of this document below. FAO has been to the site recently and initiated, recommended and was the entity to grant ROS. See answers below in the Q/A section of the document for more details. Central Office does not want to second -Mess the RRO, but would like to recorwnend that the outfall from the pond also be monitored. Please call the central office regarding the placement of monitoring [also sent message to RROI. o Burden's creek was changed from class C to W S-IV Page 6 of 13 NCS000360 Table t: Analytical Monitoring Sample Date Total Flow (MGD) Precipitat ion (in) Duration (hours) Aluminum COD pH 624 625 Benchmark: Benchmar Benchmar Benchmar Benchmar .75 mg1L k: k: k: k: 120 m /L 6-9 m IL X m /L 1 X m /L Outfall 1 7/16/1998 0.023 2.14 5 9 8$ ' `, 4149 ,_ ND 11/2/1999 0.0013 0-43 9 6 17;`.; 49 7.79 ND 10/12/2000 0.0006 0.23 7 1;9 a N R ?4 NR? ND 12/10/2001 0.0075 1.37 15 1"ll s „ 78 7.6 ND -see attached sheet 8/9/2005 0.0161 3 0.419 11 7.4 12/28/2005 0.0012 0.21 r .:.::2 5 ;;; 63.4 7.1 2/22/2006 0.0012 0.21 0.598 27 6.1 4/17120061 0.0017 1 0.31 0.483 59 1 6.9 Outtall 2 7/16/1998 0.055 1 2.14 1 5 128 7 1 ND see below Over Current Benchmark Data Not Collected Page 7 of 13 NCS000360 Date Outfall Pollutant CAS # Detection Freshwater .water AQcater Supply Rman flee -out Wate High Quality Swamp nyms & Othe Carcinogen teference Sot Units = um Aguatic Life Lffe (HHI (Tr) Naters (HQWNaters SW I ugA U91 ugl ug, ug1 ugf 625 7/1611998 2 Acenaphthylene 208-96-8 10.3 (non -carting N 625 711611998 2 Benz(a)Anthracene PAH 56-55-3 I 10.3 0.0028 - 0.0311 Total PAH's PAH Y NC 625 711611998 2 Benzo(b)iuoranthene 17.2 ` 0.0028 - 0.0311 Total PAH's PAH y 625 711611998 2 Benzo(k)nuoranthene 35.3 0.0028 - 0.0311 Total PAH's PAH y 625 711611998 2 Chrysene 39.2 0.0028 - 0.0311 Total PAH's PAH Y NCINRWQC f 625 7116/1998 2 Dibenz(a,h)Anthracene j 11.2 0.0028 - 0,0311 Totaf PAH's PAH y 625 7/1611998 2 Benzo(a)Pyrene ( 23.3 f, 0.0028 - 0.0311 Total PAH's PAH y 625 711611998 2 Fluoranthene 206-04-0 0.11 0.22 625 7/1611998 2 Indeno(1,2,3-cd)Pyrene 20.8 0.0028 - 0,0311 Total PAH's PAH y 625 7/16/1998 2 Phenanthrene 28.6 LD LD n fi25 7f1611998 2 Pyrene 61.2 830 4000 n Higher than human hoWth benchmark that we have (stream goes to WS) hmark fo Page 8 of B NCS000360 Revised Permit Recommendations: Analytical Monitoring: 1. Adding to Permit: Oil & Grease, 624, 625, ROD, TN, TP, Al, pH. 2. Remaining in Permit: COD, pH, Aluminum, Qualitative 3. pH has been added to the analytical monitoring requirements. 4. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. 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. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 5. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stornwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. 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 facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 6. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defiled in Part ll Section B. Qualitative monitoring is required regardless of representative outfall status. 7. The permittee is responsible for all monitoring until the renewal permit is issued. See footnote l of "fables 1, 4, and 5. S. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 9. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: l . Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is unpaired and if it has a TMDL established. It must also describe potential pollutants in each outfall, The map requirements are stated more explicitly. And, the site plan mustcontain a list of significant spills that have occurred in the past three years and also must certify that the outfails have been inspected to ensure that they do not contain non-stonnwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Storinwater Management Plan have been specified in Part 11 Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stornnwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stornwater discharges. 4. T`he facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the f-acility may qualify for a No Exposure Exclusion from NPDES storinwater discharge permit requirements. Additional information is provided in Part I Section A. Page 9 of 13 NCS000360 �, Discussions with permittee: Bill Stienmetz L NIEHS, Environmental Compliance Specialist, 919-541-4234 Called April 15, 2009. Left message. Notes on NIEHS conversation with Bill Stienmetz, April, 2009. Their permit was up for renewal — approaching 2 years. And they found out about no exposure certification in meantime but have waste handling facility. Had some elevated aluminum readings — sand that was supplied for ice? They have 40 million bTU boilers and 3 incinerators: 1 that runs M,W, Th and 2 that rarely runs — maybe 4 days a quarter max. Last year they incinerated. They have a scrubbers on the main one. The rnain one is for the waste treatment for the lab (lab waste, animal carcasses (small waste), animal bedding (# 1), non -regulated chemical, very small amount of medical waste) others are decayed radioactive — P32 — isotopes that have a short half life. Boilers: 3 boilers are each 40 million btu — they are natural gas with fuel oil #2 as a backup. Natural gas is piped — fuel oil has secondary containment. Never used coal. They had 2 old boilers that could have burned coal and oil but it was reported that they did not — and they have since been removed. Q; 0wi tvpes o1'1hings are the lab waste? None is haz waste. Packaging, paper, glass, they encourage recycling but not all, recycling, small amount of municipal waste.. They have a chemical waste pickup — and all chemical waste goes to a system — they take out to a dock area and it goes to building 108 — there determined if they can store or burn or sent offsite. What kinds of things would they burn? Media, buffers (from running gels). Etc. Liquids from research goes to either pathological or municipal solid waste. Any not chemical is municipal solid waste and goes to the incinerator. Q: What is considered to be chemical? Any used liquid that is not needed — or is used. That is picked up by contract agency. That all goes to 108 for sorting. Typically they do not mix — give to waste in the same container or by adding -the same material. 1. What other permits do you have? Have Air quality permit with NC. Have RCRA permit. Have a local discharge permit with Durham County for waste water. NR.0 license — use of radioactive materials. 2 of AST have a certificate of registration — Art Mouberry in DWQ — That is a one-time registration and certificate of registration for facility in Aquifer protection. For Durham County have a class D Haz Materials permit with Durham County Fire Marshalls office. No NPDES WW permit. "Their WW goes into pipe to the county. They have some small pre-treatment (grease traps, Hg removal for incinerator, and silver trap for photo lab). But no large pre-treatment or package plant, 2. Q: Please send a copy of your permit and tell me what you are currently monitoring for as we do not have one in the file. a. ANSWER: He has the old permit and will scan and send to me has seen the representative outfall status letter and will look for and try to send to me. 3. Q: What is the frequency of monitoring using 624 and 625? a. ANSWER: Not any more. 4. Were the things you tested for in 624 and 625 standard for those tests or were they tests for what you were using? a. He does not know why they were tested for. b. They had a large oil spill in 1990. Could be because of this, c, In current pen -nit have COD, Al and p1l. He will send me the copy of the old permits as well. Page 10 of 13 _ NCS000360 5. Q : Please describe outfall paths and discharges to these areas: a. Roof drain discharge: directly to storm drains into underground to NIEHS lake b. Haz waste areas: To trench drain. c. Oil water separator: piped to NIEHS lake d. Retention Pond: There is the large lake and a retention pond. It was to slow down water that came form the roof drains to 105 and 106. Some of the roof drains go to that pond and the drainage ditch. e. What is the Intermittant stream from retention pond? Water is trickling out of the pond goes into the lake. That is looked at twice a year during the semi-annual inspections. 6. Q : Please describe how many outfalls you have an outfalls in detail and monitoring: a. ANSWER: see below — have one outfall. Have ROS, 7. Q: Please describe discharge from haz waste areas, what is stored there, and what outfall this goes to: .a. ANSWER: Loading dock is covered with a roof and the trench train . The trench drain has a drain valve. Not locked but kept closed. This was started recently. Previously it was left open. Rainwater can enter. Part of the peak it can rain on it and go back to the trench drain. If they have a spill,that is noted in an SOP and it is noted on a form. They have not had a spill other places on campus — and have been all petroleum products. 8. Q: Please describe discharge from oil/water separators and what outfall this goes to: a. ANSWER: There is discharge from that. There are 3: those go that discharges to a grassy area. The discharge goes into a wooded area into a drainage ditch, About a thousand feet. The others are at 101 C and 101 F, and that goes directly to an underground stormwater piping to a lake. The valves are kept closed and locked and they look at it for oil and sheen and that is before it enters the lake. Only from those 3 containments. Those 3 are not double walled and those are the 3 or 4 largest tanks for fuel oil -- one is for emergency generators and one for boiler fuel oil. 9. Q: 1 don't have any monitoring between 2001 and 2005. Why? a. ANSWER: They switched over to a 4"' year monitoring of the permit. 10. What is the research being done in bldgs? a. Environmental health research — mostly using mice. The chemicals for research come into building 101. There are probably about 10,000 chemicals but very small amounts — a gal is a very large amount. The drains for the dock of 101 are traditional storm drains. 11. Do you have a procedure in place for a spill a. They have a RCRA permit and procedure. Have a sppp for petroleum. The responders are all trained and have drills. 12. Have you had a spill over there in loading and unloading? a. No. Only petroleum spills, Those mostly during fuel oil delivery. 13. Are there Roof vents from research bldg's? a. Yes — from hoods. Most of those are not controlled. Several hoods can combine together and can vent out. Some have carbon but most do not. Roof drains and the headwall is directly onto the lake. None of the building have a guttering system — they all have a spout directly into the lake. Piped underground. 14. Are there stacks on the incinerator bldgs and boiler bldgs? Where does that drain to? Page I l of 13 NCS000360 a. Yes — see below and question above. 15. Do you monitor SW coming off roof drains from boiler and incinerator bldgs? a. No do not monitor stonnwater coming off the roofs of any buildings. 16. You have Representative outfall status — what Qutfalls is that for? i.e. what outfalls are now not monitored? a. Yes. See map in file. Monitoring by building 108. 17. Please send a map with numbered outfalls marked on it a. See map. 18, Have you added rip -rap to end of conveyance systems to reduce flow to NIE14S lake? a. Yes. Where is that? One is by building 101. They had a concrete conveyance at the point where it .].tits the lake. They had another one they replaced that was at the north side of the building where the stonnwater pipe comes back to the next pipe. That had been filled up with soil but has been cleaned up and was replaced. 19. Has all Haz waste TSD been closed down? Bldg 106 was but is 108"' a. They are still a haz waste called a waste handling facility— WHK They do not receive any haz waste from other facilities. They share some operations with the EPA. Part is NIEHS and part is EPA. But they manage stonnwater permit. They share the incinerator and the electricity bill with the EPA. 20. Are you only sampling for outfall at bldg 108 — nothing at the bldg 101 on the North side of the lake? a. No. 21. This says NIEHS South Campus — do you have another permit for another campus in NC? RTP? a. No. 22. The incinerators are in building 106. a. Have you been up on the roof? i. Yes. ii. There are incinerator stacks. The roof is fairly clean. They don't have much problem with smoke. Roofs were replaced in 2003 and 2004. The roof drains go to gutters and piped out towards the lake. 23. What about your Haz Waste? a. All waste is in 104 or 105. They do have some waste that is designated as haz waste. They no longer burn haz waste material in incinerators. All incinerators are in 106 and main incinerator has scrubber and carbon bed. The two others do not. Page 12 of 13 _ Iv SO00360 Recommendations: Based on the documents reviewed, the application information submitted on May 3, 2007 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) 1 Date v 4- Stormwater Permitting Unit Supervis Date or r dley Be ett Concurrence by Regional RO Water Quality Supervisor Regional Office Staff Comments (attach � d Date Date pages as necessary) -�4- e65;-� --,, Page 13 of 13 Summary of the Jordan Nutrient Rules August 14, 2009 Strategry Synopsis and Status The proposed B. Everett Jordan Reservoir Water Supply Nutrient Strategy is a comprehensive set of rules designed to address excess nutrients in Jordan Lake that can lead to algae blooms and other water quality problems. Jordan Lake is an impoundment in the central Piedmont that drains a mixture of agricultural and urbanized lands forming the upper Cape Fear River Basin, including the west side of the 'Triangle and much of the Triad region. The lake serves as a water supply for the Town of Cary and also has significant recreational use. The rules are similar to those already in place in the Ncuse and Tar -Pamlico River Basins. The rules would require all major sources of nutrients to reduce their loading to the three arms of Jordan Lake to meet specific percent reduction goals, established through modeling, that are needed to restore water quality standards and full uses of the lake. Nutrient sources addressed by the rules include agriculture, fertilizer application, wastewater discharges, and stormwater runoff from both new development and existing developed lands. Local governments would be required to reduce the discharge of nutrients from wastewater treatment plants and implement programs to address nutrient pollution from both existing and new development. The nutrient management strategies implemented in the Ncuse and Tar Pamlico river basins do not address pollution coming fi•om existing development. A strategy fist' existing development was needed in the Jordan Lake watershed because of the significant nutrient contributions from developed lands in this watershed. Also new is a separate trading rule that would allow use of the most cost-effective management options to meet the goals. The set of thirteen Jordan nutrient rules was approved by the Environmental Management Commission in May 2008, followed by approval of the Rules Review Commission over five meetings from June through November 2008, The rules were then reviewed by the 2009 session of the General Assembly, having all received the requisite number of objections during the RRC process. Five of the rules were either replaced or revised by legislation, and the remaining rules were approved by the General Assembly unchanged. Prior to the EMC undertaking rule -making, a modeling process was initiated by the Haw watershed dischargers in 1998, and was followed by an extensive stakeholder input process begun in 2003 and carried through the formal public comment period in sununer 2007. Lake History: The potential for excess nutrients was recognized when B. Everett Jordan Reservoir was proposed in 1945. The reservoir was approved by Congress in 1963. After years of construction delay due to projected water quality concerns, the lake was impounded in 1983. It was designated a Nutrient Sensitive Water that same year by the Environmental Management Conurrission. The lake has consistently tested as eutrophic or hyper-eutrophic since impounded, indicating high to excessive levels of nutrients in the water. Nutrients make their way to the lake from sources such as wastewater discharges, rainfall runoff from agriculture, and stormwater runoff' from new and existing developed lands. Excessive nutrient inputs drive excessive growth of microscopic algae, which imparts a greenish, murky appearance to the water, causes taste and odor problems in finished water, and robs the water of oxygen, stressing or killing fish and other aquatic life. Excess nutrients also favor the growth of undesirable algae that does not support the food chain and can release toxins into the water. While not necessarily making the lake unfit for fishing, swimming, or drinking uses, excess nutrients are impacting these uses, and undesirable algae are present in the lake. While only V�— one fish kill has been reported to date, taste and odor problems prompted Cary to add chemical treatment to its drinking water process, and unsightly, smelly water deters swimmers, boaters, and other sportsmen. In 2002, the Division of Water Quality determined that the Upper New Hope Creek Arm no longer met its designated uses due to exceedences of the chlorophyll a standard, which measures algal growth, and in 2006 made the same determination for the rest of the lake. The Haw River arm was also impaired in 2006 for pH exceedences. Both parameters are indicative of excessive nutrients. These impairments place the reservoir on North Carolina's list of impaired waters under Section 303(d) of the federal Clean Water Act. Regulatory Mandates: The Clean Water Responsibility Act of 1997, Session Law 1997-458, required the EMC to set concentration limits on wastewater facilities discharging to Nutrient Sensitive Waters. The next year, Session Law 1998-212 allowed the EMC to grant a compliance extension if a facility chose to develop a calibrated nutrient response model for the water body and adhere to the results. The Clean Water Responsibility Act also required the EMC to set restoration goals for nutrient -impaired waters, require steady progress toward those goals and impose nutrient reduction measures in a fair, reasonable, and proportionate manner on point source and nonpoint sources relative to their contributions. In 2005, the General Assembly also enacted SL 2005-190 that directed the EMC to adopt rules to establish and implement nutrient strategies to protect drinking water supply reservoirs. In addition to state requirements, the determination that the reservoir has impaired water quality triggers federal Clean Water Act requirements to set and enforce nutrient load reduction limits, known as a total maximum daily load (TMDL). Rulemaking Process and Public Comments: To comply with the Clean Water Responsibility Act, wastewater dischargers in the Haw River watershed developed a reservoir model in the late 1990's to estimate the lake's nutrient reduction needs. The EMC approved the reservoir model in 2002. During 2003-2004 Division staff conducted a 1-% year, 22-meeting stakeholder process to apply the reservoir model and seek a consensus on lake nutrient loading goals, discharger allocation methods, and a conceptual nonpoint source strategy. In 2005, staff solicited public comment on a rules framework and brought draft nrles before the FMC's Water Quality Comtnittec, in January 2006, the committee directed staff to conduct additional stakeholder meetings, which continued thru 2006. A TMDL for the entire reservoir was approved by the EPA in August 20071. Pursuant to the-EMC's authorization of draft rules in March 2007 and subsequent notice in the North Carolina Register, the Division held three public hearings and provided a 9b-day written comment period from June 15 through September 15, 2007 on the proposed rules. Approximately 400 peoplc attended the hearings, 150 of whom spoke, Staff received more than 7,000 documents, postcards, and ernails providing written comment. A detailed, 80-page commenter -indexed summary of all public comments along with staff replies is provided as Appendix D of the Report of Proceedings. There were strong objections to the rule from various parties, especially from local governments and development interests, particularly concerning the need and effectiveness of the proposed rules. There were unresolved issues with the model and the data used. Many also felt that the Haw communities would pay for the benefit of New Hope communities who withdraw water from the t Report or other supporting docunient(s) available on DWQ's Jordan nutrient strategy website, at ht_tJr;, llr2o.c nr. t<itc.nc.jishipslJorcltinlVufricnlStrtaleg<<.hlrx?. ��V fake. The most contentious parts of the strategy were the potentially precedent -setting Existing Development Rule, and the wastewater nitrogen compliance date. At the same time, there was support for the rules from environmental groups and lake users. Supporters cited a longstanding need for restoring the lake, federal and state mandates, eroding quality of their lake use experience, the general importance of the lake, and the collateral benefits to numerous degraded streams in the watershed. Nutrient Management Strategy Design: The strategy is designed around nitrogen and phosphorus percentage reduction goals for each of the three arms of Jordan Reservoir because each ann of the lake responds independently to nutrient inputs received from its watershed. For example, goals for the Haw Arm of Jordan Lake and corresponding reduction requirements for Haw watershed sources are driven by existing nutrient inputs from those sources. State law requires fair, reasonable and proportionate requirements, so each category of sources in a given watershed faces the same percentage reduction requirements relative to its baseline inputs. The rules are designed to give all of the regulated entities maximum flexibility in meeting the reduction goals. One key addition to maximize options is a new, separate trading rule that provides load -reducing options across regulated sources. Nutrient sources addressed by the rules include agriculture, fertilizer application, wastewater discharges, and storniwater runoff from both new development and existing developed lands. Local governments would implement the wastewater and development rules, including requirements to protect existing riparian buffers. The existing development component, not included in previous strategics, is necessitated by the significant nutrient contributions from developed lands in this watershed. The strategy also recognizes the importance of adaptive management, and provides for periodic review of the lake's recovery progress to inform potential management revisions. Rules Content: All rules fall under T15A NCAC 2B. The following is a brief summary of each of the thirteen rules: o Rule. 0262, Purpose and Scope Describes strategy purpose, scope, and objectives; identifies the set of rules comprising the strategy; designates Jordan watershed as a `critical water supply watershed', which allows the EMC to require more stringent measures than minimum Water Supply Watershed requirements; defines geographically the three subwatersheds draining to Jordan Reservoir; identifies the baseline time period; establishes nitrogen and phosphorus (N and P) percentage reduction goals and corresponding point and nonpoint source lake loading targets for each am relative to the baseline; establishes that all local govertnnents -- eight counties and 26 municipalities— are subject to certain rules; and provides for adaptive management following a period of implementation. Each subsequent Rule references parameters set forth in this Rule. ❑ Rule .0263, Definitions Defines terms that apply across rules and are specific to the set of Jordan rules. Ci Rule 0264, Agriculture Establishes collective nitrogen and phosphorus reduction goals for agricultural operations in the watershed. The goals include numeric thresholds for livestock operations. Three years after effective date, the Watershed Oversight Committee (formed by the Director) will determine the extent to which the nitrogen goal has been achieved relative to the baseline period. if the goal has not been achieved, Local Advisory Conunittecs (LACs) must be formed to develop a strategy to meet the goal. Six years aficr effective date, the EMC will determine whether LACs have achieved subwatershed N and P goals based on collective implementation. if not. the EMC will require additional BMP implementation as deemed necessary to achieve the goals within nine years after effective date. The Rule allows trading of reductions that exceed collective compliance goals. Annual reports are required. o Rule. 0265 & SL 2009-484, Stormwater Managementfor New Development ( Requires all local governments in the Jordan watershed — eight counties and 26 municipalities — to implement stormwater programs for new development activities. Those programs must be designed to meet nutrient loading rate targets. Developers will be required to control nutrient export to certain levels offite, but can meet remaining reduction needs through offsite measures including payment of fees for nutrient offset projects or through purchase of reduction credits from private sellers pursuant to the Jordan trading rule .0273. Within eighteen months after effective date, the Division submits a model local program to the EMC for approval. Within another six months, local governments submit programs for Division review and EMC approval. Within three years after effective date, local governments implement permitting requirements. Annual reports are required. This rule will be rewritten to incorporate the changes of SL 2009-484. ❑ Session Law .2009-2I6 The original Existing Development Rule (.0266) that was sent to the General Assembly was disapproved. However, the rule was replaced and approved by Session Law 2009-216, with an effective date of June 31, 2009. The Session Law retains the basic requirement that nutrient reductions are to be obtained from local government's existing development. The bill requires all local governments in the watershed to develop a Stage 1 adaptive management program by December 31, 2009. This program will contain sirlular measures of the Phase Il stonnwater prograin, and also requires the identification of opportunities for retrofits and other nutrient reduction projects from existing development. The Division is required to develop a Model Stage 2 adaptive management program no later than July 1, 2013. The rule also calls for an ongoing monitoring program, and OWQ is tasked with providing monitoring reports to the Commission every three years beginning in March 2014. if water quality standards are not met in the UNH arm by the March 2014 report, or in the UNH and Haw arms by the March 2017 report, or any subsequent reports, the Division will notify local governments within the impaired arm of their need to develop a local Stage 2 adaptive management program. Within six month of notification, local governments will submit their stage 2 programs to the Division. Within another six months, the Division will review the programs. The stage 2 programs will essentially contain the same requirements as the original rule: local governments will be required to reduce nutrient loading from existing development to meet the subwatershed goals. A difference from the original existing development rule is that an 8% nitrogen and 5% phosphorus reduction will be required from all three subwatersheds. However, if the UNH does not achieve water quality standards by March 2023, the local goverrrrnents in that subwatershed will be required to revise their program to achieve a 35% reduction in nitrogen. Annual reports will be required. The Session Law also calls for the Director to form a Scientific Advisory Board by July 2010. This board will be tasked with identifying management strategies, evaluating the feasibility, costs, and benefits of the strategies, developing an accounting system, and identifying the need for improvement or refinements to modeling and other analytical tools used to evaluate water quality. The Existing Development Rule will be rewritten to be substantively identical to the Sections in Session Law 2009-216 that cover existing development. o Rule .0267, .0268, .0269 & S. L. 2009-484 Protections of and Mitigation: for Lkistiing Riparian Buffers Requires local governments to implement programs to protect existing vegetated riparian areas within 50 feet of and adjacent to intermittent and perennial streams, lakes, and ponds in the Jordan watershed. The first 30 feet adjacent to waters is largely undisturbed forest, while the outer 20 feet may be managed vegetation. F,xisting, ongoing activities within buffers may continue as long as these activities or uses meet the requirements of the rule, while a change in land use invokes the protections. These buffer requirements replace those under the current Water Supply Watershed rules, and provide local governments the option to require more stringent measures. Certain activities within the buffer are identified as exempt, allowable, or allowable with mitigation, while uses not listed are prohibited. The rules provide mitigation options (buffer restoration, land conservation, or mitigation fee payment) where no practical alternatives exist; as well as variance provisions. The Division of Water Quality implements the rule for activities conducted: by local governments; state or federal entities; agriculture; forestry; and in areas where no local buffer program currently exists. Rule .0267 will be rewritten to incorporate the changes of SL 2009-484. ❑ Rule .0270 & S.L. 2009-216, Wastewater Discharge Requirements Distributes the total point source annual N and P mass loading goals for each arm of the lake in the four of annual mass allocations to existing wastewater dischargers within each of the three subwatersheds. Discharge concentration equivalents at full flow range from 3.04 mg/L TN and 0.23 mg/L TP in the Upper New Hope Ann to 530 mg/L TN and 0.67 mg/L TP in the Haw River Arm. As in the Neuse River Basin nutrient strategy, there are provisions for new and expanding discharges; an option for group compliance; and potential for in -lieu fee payments to offset excecdence of the annual loading cap. There is also an option for transfer of allocation among individual dischargers. Phosphorus compliance date is the first full year after effective date, while the nitrogen compliance date was revised from 2014 to 2016 by Session Law 2009-484. This rule will be rewritten to incorporate the changes of SL 2009-216. zi Rule .0271 & S.L. 2009-484, Stormwater Requirements fir State and Federal Entities Establishes storrnwater requirements for state and federal entities that are similar those imposed on local governments for both new and existing development under rules .0265 and Session Laws 2009-216. The NC DOT is treated differently than other state/federal entities based on the unique character of its activities. Annual reports would be required. New DOT road projects would be deemed compliant if they meet buffer protection rule treatment criteria. Existing development for state and federal entities will parallel Session Law 2009-21 G above, except there will be no stage 1 program, and entities in the LNH will only be required to maintain no increases in nitrogen and phosphorus loads from existing development if adaptive management programs are triggered. DOT is also given the option of implementing a combination of three stormwater retrofits per year for existing roadway development and other load -reducing measures identified in the program to control loading from existing development pursuant to .0271, This rule will be rewritten to incorporate the changes of SL 2009-484. ❑ Rule.0272, Fertilizer Management Beginning three years after effective date, the application of fertilizer to lands in the watershed is to be done either by applicators who have completed nutrient management training offered by the Cooperative Extension Service, or pursuant to a certified nutrient management plan developed for the lands to which fertilizer is applied. Also requires property owners to ensure that applicators to their lands have met one of these requirements. The role does not apply to fertilization of residential lands done by the homeowner. Wastewater residuals and septage application have earlier compliance timeframes. Animal waste application in compliance with a permitted waste utilization plan is deemed compliant. ❑ Rule .0273, Options for Offsetting j1'utrient Loads ` Provides parties subject to the various rules - new development, existing development, State and Federal stormwater entities, agriculture, and point sources — the option to obtain more cost-effective reductions by purchasing reduction credit from other, offsite reduction sources or private sellers. This open, market - based framework provides options in addition to the NC EEP option currently used in the Neuse and -Tar - Pamlico strategies. It requires that minimum onsite standards be met before seeking credit elsewhere. It sets criteria for those seeking to sell excess reductions, and would require Division approval. u Rule .0311, Cape Fear River Basin (Schedule of Classifications) Formalizes reclassification of the non -Water Supply Watershed portions of the Jordan watershed to W S- V. WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 16, 2010 Mr. William Stienmetz National Institutes of Environiental Health Sciences PO Box 12233 (MD AO-03) Research Triangle. Park, NC 27709 Subject:Response to comments - Draft NPDES Stormwater Permit Permit No. NCS000360 National Institutes of Environmental Health Sciences Durham County Dear Mr. Stienmetz: The Division of Water Quality's (DWQ) Stormwater Permitting Unit (SPU) received a comment letter regarding DraP. liermit NCS000360 on July 6, 2010. After' conferring with the Raleigh Regional Office, the `3tp.-•._±.water Pr:•,nitting Unit responds to your comments as follows: Q: "The compliance schedule in Part III, Page 1 of 8 states that existing facilities applying for a permit renewal shall annually update the stormwater plan. How much time is the NIEHS allotted in order to update the existing plan, which was revised in June 2010?" A: As the NIEHS updated the plan in June of 2010, an updated version should be completed for June of 2011. Q: "The NIEHS would Iike to have the 27-acre NIEHS Lake incorporated into the receiving stream name". A: The NIEHS Lake is not a classified water body, therefore we cannot add this name as a receiving stream. The receiving body must be designated as an Unnamed Tributary (UT) to Burdens' Creek. Q: "The NIEHS was granted representative outfall status for the Building 108 outfall. We would like to have the sample location designated as ROS instead of stormwater discharge outfall (SDO) in Table 1..." A: In an email from Bill Stienmetz dated April 24, 2009, Mr. Stienmetz stated "We have not been able to locate the letter from NCDWQ that granted representative outfall status." The responsibility of showing representative outfall status rests with the permittee. Additionally, ROS may be revoked if the process or discharges change, or if DWQ otherwise deems appropriate. As the NIEHS was not able to locate a letter stating that they have obtained it, please fill out and return the enclosed ROS farm to the DWQ Raleigh Regional Office, attn: Mack Wiggins. The form can also be found on our website: littp.Ilportal.ncdenr.orgAveb/i oos/su/npdessw The designation as SDO in the Analytical Monitoring Requirements is standard practice in DWQ SPU's permit issuance and does not prevent permittees with ROS status from using that status. Additionally, using the "SDO" notation allows DWQ to continue using the current version of the permit if outfall statuses change without a permit modification (including the public notice process). Wetlands and Stormwater Branch One t, 1 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 NOI'thCai Ol1ria Location: 5-8 N. Salisbury : Raleigh, North Custom 27604 �lltlll'li��l�/ Phone: 919-807.63001 FAX: 919.807-64941 Customer Service: 1-877.623.6748 h[ Internet: www.nwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr. William Stienmetz National Institutes of Environmental Health Sciences Permit No. NCS000360 Q: The qualitative monitoring requirements have been changed and the stormwater visual evaluation is now to be performed during a representative storm event in conjunction with analytical monitoring. Does this mean that the qualitative monitoring must also occur with the first 30 minutes of discharge? In addition, the NIEHS requests approval to continue performing the qualitative monitoring at the representative outfall location only. A: The intention of this permit language was that the qualitative monitoring should be done at the same time as the analytical. Please monitor the discharge within ,the first 30 minutes. Additionally, it is standard language in all of our general and individual permits that qualitative monitoring be-_ performed at each stormwater discharge outfall (SDO) regardless of representative outfaII status. Please continue to monitor all of your outfalls for qualitative parameter regardless of ROS. If you should have additional comments, please submit them to the Division of Water Quality Stormwater Permitting Unit by July 30, 2010. . If you have any questions or comments concerning this draft permit, contact me at (919) 807-6379 or jennifer.jones@ncdenr.gov cc: Raleigh Regional Office, Mack Wiggins . Central Files Stormwater Permitting Unit Attachments Sincerely, r Jennifer Jon s Envirbrunental Engineer Stormwater Permitting Unit 2 DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service July 2, 2010 Jennifer Jones NC Division of Water Quality Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Ms. Jones: National Institutes of Health National Institute of Environmental Health Sciences P.O. Box 12233 Research Triangle Park, N.C. 27709 Webalts: www.niaho.nih.gov Thank you for the opportunity to review the draft Stormwater permit. The NIEHS has reviewed the permit and is providing comments in response to some of the limitations. The draft permit contains Stormwater Pollution Prevention Plan conditions and analytical monitoring requirements that have been strengthened. As such, the existing NIEHS plan must be revised to meet these requirements. The compliance schedule in Part III, page I of 8 states that existing facilities applying for a permit renewal shall annually update the stormwater plan. How much time is the NIEHS allotted in order to update the existing plan, which was revised in June 2010? The Certificate of Coverage designates the receiving stream "as a UT to Burden's Creek." The NIEHS would like to have the 27-acre NIEHS Lake incorporated into the receiving stream name. For example, the designation could be revised to "UT/NIEHS Lake to Burden's Creek" or ",UT to NIEHS Lake to Burden's Creek." This would emphasize the proximity and downstream location of this water body with regard to facility operations. The NIEHS was granted representative outfall status (ROS) for the Building 108 outfall. We would like to have the sample location designated as ROS instead of stormwater discharge outfall (SDO) in Table 1: Analytical Monitoring Requirements and in the associated footnote. This would limit analytical monitoring to the Building 108 outfall only. The qualitative monitoring requirements have been changed and the stormwater visual evaluation is now to be performed during a representative storm event in conjunction with analytical monitoring. Does this - mean that the qualitative monitoring must also occur with the first 30 minutes of discharge? In addition, the NIEHS requests approval to continue performing the qualitative monitoring at the representative outfall location only. Please let me know if you have any questions about our permit comments or if you would like additional information about the NIEHS facility. Sincerely William William K. S Environmentt�� ' �b�di 111i JUG. - 6 M0 �,.+.....w . 'r � �� ;�.�)r. �... _ • ... _ w. .. .. �_ . �� , r�, ?,,,� f 1- NCS000360 STATE OF NORTH CAROLINA 1 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 1" : u W1 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North CarolinA�e'in ral 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, National Institute of Environmental Health Sciences is hereby authorizZediodischarge stormwater from a facility located at: Nation l,Instit �f Environmental Health Sciences a �, t -(_11'1 TW Alexander Drive Research Triangle Park, NC Durham County to receiving waters designated as a UT to Burdens' Creek, a class WS-IV, 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, III, IV, V and VI hereof Note: Draft Permit Dates are Approximate This permit shall become effective September 1, 2010. This permit and the authorization to discharge shall expire at midnight on August 31, 2015 Signed this day August 15,2010. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000360 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Pen -nit Coverage Section B: PQrmitted Activities Section C: Location Map t' PART II MONJTORING, CONTROLS, AND LIM�[TATIONSS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan\ X Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicl6'Mainienance.Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A. Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and'Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 3. Signatory Requirements i Permit No. NCS000360 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test ProceduresYr`. ,ram' 5. Representative OutfalI / 1 6. Records Retention x " 7. Inspection and',Entq Section E: Reporting Re wire e'nts 1. Discharge Monitoring Reports 2. Submitting;Reports 3. Availab'ility of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000360 •1.'r 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 storrriwater discharge permit requirements. Any owner or operator wishing;t`o' obtain a No Exposure Certification must submit a No Exposure CertificationNOI;f6hn 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, he permittee is authorized to discharge m storwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed .ir[ 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. NCS000360 1. 2W. 76 ; ;1 'A' 7% �A 71 rr zllrNITFHq NCS000360 \V Amp Scale 1:20,864 < E U 10 'R� V Arew ri t- 1. L United States Government Nat. Inst. of Env. Health Durham, NC Latitude: 350 52' 58" N Longitude: 780 52' 34" IN COI Durham County Receiving Stream: UT to Burdens Creek Stream Class: WS-IV, NSW Sub -basin: 03-06-05 (Cape Fear River Basin) Facility Location Part I Page 2 of 2 Permit No. NCS000360 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollutign 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: f` l . Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to�contribute to contamination of stormwater discharges. The site plan shall contain the.following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility_'s`location,in relation to transportation routes and surface waters, the name of the receiving.water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of thepoint(s) of discharge. The general location map (or alternati Blythe site map) shall identify whether each receiving water is impaired (on the state's303(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 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 (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (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 Part II Page 1 of 10 Permit No. NCS000360 B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management- Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, materialihandling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater managem en/ plan shall•d6cument the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Requirements and Re ords. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section , 313 of Title III of the Superfun'd Amendments and Reauthorization Act (SARA) water priority chemicals; and- storage -in any amount of hazardous substances; in. order to prevent leaks and spills rfrom contaminating stormwater runoff. A table or summary of all'sue"Manks nd stored materials and their associated secondary containment areas,shall be•rnaintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall lie 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 any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time. of the release shall be kept for a period of five years. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation- and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMA Summary shall be reviewed and updated annually. 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 the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible Part II Page 2 of 10 Permit No. NCS000360 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 Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areasloadi ,ng and unloading areas, and haul roads), all drainage features and structures; and --existing structural BMPs. The program shall establish schedules of inspections, maintenance,,and housekeeping activities of stormwater control systems, as well -as, facility, equipment, facility areas, and facility systems that present a potential for stor'm water exposure or stormwater pollution. Inspection of material handling areas and ,regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall, recorded in writing and maintained in the SPPP. 5. Employee Training. Trai'ning`programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by.the signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of 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 written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management • Plan. 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 Part 11 Page 3 of 10 Permit No. NCS000360 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 1I1, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during�the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating' inspection dates {unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the srormwater discharge characteristic monitoring required in Part II B and C of this permit. " 9. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements,;inspections, maintenance activities, and training provided to employees..including thelog 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 Direct eor,the;Director's authorized representative immediately upon request. ,_f 1 a.: Part 1I Page 4 of 10 Permit No. NCS000360 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 representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must'be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. Table 1. Analytical Monitoring Requirements/ Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 Aluminum, Total Recoverable m 1 /semi-annual Grab SDO Oil & Grease :Biochemical Oxygen Demand mg mel /!` r;semi-annual 1? semi-annual Grab Grab ' SDO SDO' Chemical Ox sei-anual Grab SDO Nitrogen, Total ~ml�l, semi-annual Grab SDO Phosphorus, Total Mel, , semi-annual Grab SDO EPA Method 624 / `� mg/l semi-annual Grab SDO EPA Method 625 im�l semi-annual Grab r SDO H standard semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain Gauge - Footnotes: I Measurement Frequency: Twice per year during a representative storm event. 2 Grab samples 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. 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 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Part Il Page 5 of 10 Permit No. NCS000360 Table 2. Monitoring Schedule Monitoring period 12 Sample Number Start End Year i — Period 1 1 September 1, 2010 Febru2a 28, 2010 Year I - Period 2 2 March 1, 2011 August 31, 2011 Year 2 = Period 1 3 September 1, 2011 February 28, 2011 Year 2 —,Period 2 4 March 1, 2012 Au L st 31, 2012 Year 3 — Period 1 5 September 1, 2Q12 February 29, 2012 Year 3 —'Period 2 6 March 1;20,13 August 31, 2013 Year 4 — Period 1 7 S ep te'rAer I, 2013 ,7 February 28, 2013 Year 4 — Period 2 8 March-% 2014 August 31, 2014 Year 5 — Period 1 9 Se teriiber,l, 2014 February 28, 2014 Year 5 — Period 2 10 ,.-March'I, 2015 August 31, 2015 Footnotes: f/�, w 1 Maintain semi-annual monitoring during permit renewal`process. If at the expiration of the individual ,Permit, the permittee has submitted an applicaiion�for renewal of coverage before the submittal deadline, the permittee will be considered,for renewed coverage 1The applicant must continue semi-annual monitoring until the renewed,pennit is ssued. 2 If no discharge occurs during the sampl ng,peiiod, the permittee must submit a monitoring report indicating "No flow" within 30 days of the end'!4the 'siz month sampling period. The perm4tee shall report the analyt /l results from each sample within the monitoring period. 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). 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. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units. Benchmark Aluminum, Total Recoverable mg/l 0.75 Oil & Grease mg/l 30 Biochemical Oxygen Demand mg/l 30 Chemical Oxygen Demand mg/l 120 Nitrogen, Total mg/l 30 Phosphorus, Total mg/l 2 Part Ii `•Page'6 of 10 Permit No. NCS000360 EPA Method 624 mg/l 6.7 Benzene Toluene mg/l 0.0018 EPA Method 625 Anthracene mg/l 0.005 Pentachlorophenol ' , mg/l 0.019 pH _ standard 6-9 Tier One If: The first valid sampling results are above a benchmark vahee;'or outstof the benchmark range, for any parameter at any outfall; Then: The permittee shall: :1 \ l . Conduct a stormwater management inspectio of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causds of the ben hrnark value exceedence. 3. Identify potential and select the spccific':,sourcc controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations within the benchmark range--� ; v 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a4Tier,One response in the Stormwater Pollution Prevention Plan. Include the date and value of the`benchmark exceedence, the inspection date, the personnel conducting the the selected actions. and the date the selected actions were Tier Two If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall; Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring 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. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part II Page 7 of 10 Permit No. NCS000360 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 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. . t . This site discharges to the Jordan Lake Watershed which is penencing problems with nutrients (Nitrogen and Phosphorus). A TMDL was approved for the,&,.Everett Jordan Reservoir in 2007 for a development strategy to control nutrients and meet the sta[e.c_hlorophyll a standard. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximumextent�practicable. If additional BMPs are needed to achieve the re" quired`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'permitt`ed Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE"MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi- annual qualitative monitoring.] .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 Part II - Page' $'of 10 Permit No. NCS000360 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. f �� SECTION D: ON -SITE VEHICLE MAINTENANCE-, MONITORING REQUIREMENTS Facilities which have any vehicle maintenanceact'vi y ocurring 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.S.�This monitoring shall be performed at all stormwater discharge outfalls which'discharge starrnwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed,during arepresentative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 H standard semi-annual Grab SDO TPH EPA Method 1664 SGT-HEM mg/l semi-annual Grab SDO Total Sus ended Solids mg/1 semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain gauge New Motor Oil Usage gallons/month I semi-annual Estimate - Footnotes: I 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 from the pond. Part 1I Page 9 of 10 Permit No. NCS000360 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall`be compared to the benchmark values in Table 6. The benchmark values in Table'6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maietenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard l 6 - 9 TPH [EPA Method 1664; (SGT-HEM)] mglL 15 Total Suspended Solids; lmg/L, 100 13 Part 11 Page 10 of 10 Permit No. NCS000360 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following'schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this'permit, shall be accomplished within)l2 months of the effective date of the initial permit issuance.�%j C New Facilities applying for coverage for the first time and existing, facilities peviously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall he developed and implemented prior to the beginning of discharges from.the operation of the industrial activity and be V. updated thereafter on an annual basis. Secondary containment, as specified in Part Il, Section A, Paragraph 2(b) of this permit shall be accomplished prior to f�the beginning of discharges from the operation of the industrial activity. i! ; l Duty to. Comply The permittee must comply with all coiiditions.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, f . ,/" a. The permittee shcomply 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 $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 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 $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 ofthe Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) 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: NC General Statutes 143-215.6A]. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307,.308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed Part III Page I of 8 Permit No. NCS000360 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal_ 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--215.6B, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee-is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 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' . r penalties twhich the permittee is or may be subject to /N' under NCGS 143-215.75 et seq. or Section 311,0E the;Fedei•al Act, 33 USC 1321. 6. Property Rights The issuance of this individuaI'permit does not convey any property rights in either real or personal property, or any exclusive privileges, n.ti or does•it authorize any injury to private property or any invasion of personal rights, nor any infringement of176deral, 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 famish 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 Ill Page 2 of 8 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 Expiration The permittee is not authorized to discharge after the expiration dat�ln 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• l80 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 § 143-215.36 and 33 USC 1251 et. seq. 2. Transfers f �� 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 acid 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 Reguirements / ` All applications, reports, Or uiformation 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) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. 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 Part III Page 3 of 8 Permit No. NCS000360 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 manag-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 imprison�m&t foorr-knn6wing violations." 4. Individual Permit Modification, Revocation and Reissuarice' or Termination The issuance of this individual permit does not prohibit thewDirector from reopening and modifying the individual permit, revoking and reissuing the individual permit; or terminating the individual permit as iI allowed by the laws, rules, and regulations contamedan Title 40, Code of Federal Regulations, Parts 122 ,F'. rI 1 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 ,x \ The permit may be modified, e k d and'reissued, or terminated for cause. The notification of planned changes or anticipated nonco�mpHanc 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. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part III Page 4 of 8 Permit No. NCS000360 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 thaelt will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RE00kDS f .. I. Representative Sampling Samples collected and measurements taken, as required n/e-nin, s all be characteristic of the volume and nature of the permitted discharge. Analytical sampling shalfbe 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 sh/alll/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 perniit,'the permittee shall record the following information: a. The date, exact pla"ce" , 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. 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. 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. NCS000360 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 representative outfall status. If it is established that the stormwater discharges are substantially identical'and the pehaittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention r Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results.stiall 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 momtoring•instrumeittation, 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 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 througha municipal separate storm sewer system, an uthorized representative of a municipal operator or the separate storm sewer system receiving the di charge, 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 recordsf must bekeptunder the conditions of this individual permit; y• f h. 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 Discharge Monitoring 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 delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on forms supplied by the Division. Part III Page 6 of 8 Permit No. NCS000360 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. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so, 2. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Z111 Division of Water Quality/ \/, 1617 Mail Service Center^ \ �� Raleigh, North Carolina 27699-1617 In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional Office (RO) by March 1 of each year. Addresses for each RO and the counties covered'byleach RO can be found here: http-.//portal.ncdenr.6rg/web/wq/home/ro.",.The permittee shall retain the completed originals on site. Visual monitoring results should not be submitted to -thee Regional Offices or Central Files unless specifically requested by DWQ 3. Availability of Reports Except for data determined o be confidential under NCGS 143-215.3(a)(2) or Section 308 of thelederal 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 bcr 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. 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. 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. Part III Page 7 of 8 Permit No. NCS000360 9. Sg& The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VI of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 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. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee-became aware of the circumstances: A written submission shall also be provided within 5 days of the time the permittee becomes a14- are of.the c rcumstances. The written submissio&shall contain a desc iptio f nooncompliance, and its causes; the period of noncompliance, including exact dates and"times;' and'if the noncompliance has not been corrected, the anticipated time compliance is expected'to'•continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written within 24 -hours. 10. Other Noncompliance loft n a case -by -case basis if the oral report has been received The permittee shall report all instances of noncompliance not reported under 24'hour reporting at the time monitoring reports are submitted. 11. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000360 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 provisions 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;-br b. Controls'any pollutant not limited in the individual permit. The individual permtAs modified or reissued under this paragra l shall /Iso\ntai any other requirements in the Act then applicable. /,/ n PART V ADMINISTERING AND The permittee must pay the administering and compliance the Division. Failure to pay the fee in,tiinely manner in ac Division to initiate action to revoke the.lndividual Permit. PART,VI i 1. Act L -� See Clean Water Act. . ,i MONITORING FEE S nondbring fee within 30 (thirty) days after being billed by ordance with 15A NCAC 2H .0105(b)(4) may cause this DEFINITIONS 2. Allowable Nan-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. (e) Discharges resulting from fire -fighting or fire -fighting training. 3. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://cfpub.epa.gov/npdes/ston-nwater/menuofbmps/index.cfni. 4. 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. 5. 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. Parts IV, V and VI Page l of 4 Permit No. NCS000360 6. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 0 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources., 9. Director The Director of the Division of Water Quality, the permit issurng authority.! 10. EMC %i r The North Carolina Environmental Management Commis on��, 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 nunutes;of discharge. 12. Hazardous Substance Any substance designated under.40 CFR Partt,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 r treatment facility, a surface i npoundment, 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 sure 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 CFR § 122.26(g) 16. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under an Individual Permit. , . ' 17. Permittee The owner or operator issued a certificate of coverage pursuant to this Individual Permit. Part VI Page 2 of 4 Pages Permit No. NCS000360 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. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 20. Representative Outfall Status When it is established th9l 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. � L 21. Secondary Containment ! X��` Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event) 22. Section 313 Water Priori Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title I❑ 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 > 11\\/ C. Meets at least one ofihe following criteria: (1)_ - Is lasted in appendix D of 40 CFR part 122 on Table It (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. 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(M) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 11.7.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). Part VI Page 3 of Pages Permit No. NCS000360 26. Stormwater Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 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 diro,tly 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). A The term does not include discharges from facilities or activities excluded from the NPDES program. 29. 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- 30. Total Maximum Daily Load (TMDL)` TMDLs are written plans for attaining and maintaining waterquality standards, in all seasons, for a specific water body and pollutant. (A list of approved'TMDLs for�the state of North Carolina can be found at http://h2o.enr.state.ne.us/tmdl/) 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(l) of the Clean Water Act. 32. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 33, - 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. 34. 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 4 of 4 Pages NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 18, 2010 Mr. William Stienmetz National Institutes of Environmental Health Sciences PO Box 12233 (MD AO-03) Research Triangle Park, NC 27709 Dear Mr. Stienmetz: Dee Freeman • Secretary Subject: Draft NPDES Stormwater Permit Permit No: NCS000360 National Institutes of Environmental Health Sciences Durham County Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. . The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Analytical monitoring parameters have been added to this permit. 2. pH has been added to the analytical monitoring requirements. ' 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part I1 Section B.- The permittee must also document the total precipitation for each event. 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. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. 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. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. 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 facility shall foIIow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 3. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfaIl status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) Wetlands and StorrnwaterBranch One 1617 Mail Service Cenier,-Ralegh, North Cantina 27699-1617 NOI thCal"OIIria Location•. 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6'00 l FAX: 919.907-6494 l Customer Service: 1-877-623.6746 �at�t'r �L �/ Intemet :m,rar :cwaterquality.org ff�� ;/ An Equal Opportunity 1 Atfrmat'we Action Employer Mr. William Stienmetz National Institutes of Environmental Health Sciences Permit No: NCS000360 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Monitoring for TPH has replaced Oil & Grease. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now ideritify,iftl,e receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part 11 Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spiIIs and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft 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. Additional information is provided in Part I Section A. 6. This site discharges to the Jordan Lake Watershed which is experiencing problems with nutrients (Nitrogen and Phosphorus). 'A TMDL was approved for the B. Everett Jordan Reservoir in 2007 for a development strategy to control nutrients and meet the state chlorophyll a standard. 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. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address Iisted at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6379 or jennifer.jones@ncdenr.gov cc: Raleigh Regional Office, Mack Wiggins Stormwater Permitting Unit Attachments Sincerely, jenn' r Jones Environmental Engineer Stormwater Permitting Unit 2 NCS000360 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'Gcneral Statute`143-215.1, other lawful standards and regulations promulgated and adopted by�lie,North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, National .institute of Environmental Health Sciences is hereby authoriL to•di-khargc storinwater from a facility located at NationaPInstitute of Environmcntal Health Sciences I �TW Alexander Drive Durham, NC Durham County to receiving waters designated as a UT to Burdens' Creek, a class WS-IV, NSW stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, I1, 111, IV, V and V1 hereof. Note: Drafi Permit Dates are.4pproximate This permit shall become effective July 1, 2010. This permit and the authorization to discharge shall expire at midnight on June 30, 2015 Signed this day June 15, 2010. for Colcen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission } 7 Permit No. NCS000360 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 11 MONITORING, CONTROLS, AND LIMT.TATIONS FOR PERMITTED DISCHARGES Section A: Stormwater, Pollution Prevention Plan Section B: Analytical Monitoring Requirements+ Section C: Qualitative Monitoring Requirez s Section D: On -Site Vehic e'•Maint n, e-Monitoring Requirements PART Ill 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 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Pernlit Expiration 2. Transfers 3. Signatory Requirements 0 Permit No. NCS000360 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitor 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall �. 6. Records Retention 7. Inspection an&Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting�Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000366 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 wishing4o obtain a No Exposure Certification must submit a No Exposure Certification NOI foAn 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 isprohibited 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 of contribute to violations of Water Quality Standards. This permit does not relieve the permittec 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. NCS000360 NCS00036 0 United States Government Nat. Inst. of Env. Health N Durham, NC Latitude: 350 52' 58" N Longitude: 780 52' 34" W County: Durham County 5 Receiving Stream: UT to Burdens CTeek Plap Seale 1:211,864 Stream Class: WS-IV, NSW Sub basin: 03-06-05 (Cape Fear River Basin) Facility Location Part I Page 2 of 2 Permit No. NCS000360 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall,,be considered public information in accordance with Part III; Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain t' e.following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility'�location in relation to .transportation routes and surface waters, the name ofthe reeeiving.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 th,point(s) of discharge. The general location map (or alternatively the site'map)1hall identify whether each receiving water is impaired (on the state's 303(d)-1ist of impaired waters)'or is located in a watershed for whieti a TMDL has been established, and what the parameter(s) of concern are: // (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area; buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (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 II1, Standard Conditions, Section Part 11 Page i of 10 Permit No. NCS000360 B, Paragraph 5. The permittee shall rc-certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material'handling operations, and manufacturing or fueling operations. Inareas„where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away 6io ,areas of potential contamination. (b) Secondary Containment Requiremerits and Records. Secondary containment is required for: bulk storage of liquid materials, storage in any amount of Section 3 l 3 of Title III of the Superfund Amendments and Reauthorization Act (SARA) Water priority chemicals; and storage.in{any amount of hazardous substances, in order -to prevent leaks and`spills rfrom contaminating stormwater runoff. A table or summary of ai'Nuch tanks and stored materials and their associated secondary containment areas shall b�e;maintained. If the secondary containment devices are :r connected to stormwatericonveyance systems, the connection shall be controlled by rrianually 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 any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 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 the team) responsible -for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible Part II Page 2 of t0 Permit No. NCS000360 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 Spill Prevention Control and Countermeasure plan (SPCC) maybe a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. . Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent ' surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas,"Joading and unloading areas, and haul roads), all drainage features and structures,'and existing structural BMPs. The program shall establish schedules of inspections, maintenance,,and housekeeping activities of stormwater control systems, as well as facility. equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program, Timely compliance with the established schedules for ir inspections, maintenance, and housekeep�✓ing s all"be recorded in writing and maintained in the SPPP. 5. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stor nwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual✓training shall be documented by,the`signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the. potential for the discharge of pollutants to surface waters. All aspects of 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 written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 34 days of such notice, the permittee shall Part II Page 3 of 10 Permit No. NCS000360 3 141 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 5) to the Director that the changes have been made. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual- schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from,. and in addition to, the stormwater discharge characteristic monitoring required in Part It B and C of this permit. Implementation. The permittee shall implement the P1ar ,\1mplementation of the Plan shall include documentation of all monitoringmcasurements inspections, maintenance activities, and training provided to employees including the log of the sampling data and of actions taken to implement BMPs associated'with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of f r_ five years and made available to the Di ector.,or the;Director's authorized representative immediately upon request. If Part II Page 4 of 10 Permit No. NCS000360 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table I 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 representative storm event is a storm evenihat measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm, event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. Table I. Analytical Monitoring Requirements' Discharge Characteristics Units Measurement Fre uenc l Sample Type2 Sample Location3 Aluminum, Total Recoverable m 1 /'semi-annual Grab SDO Oil & Grease mg/1 /,semi annual Grab SDO Biochemical Oxygen Demand mg/1 ,( semi-annual Grab SDO Chemical Oxygen Demand < mg/l S,.- semi-annual Grab SDO Nitrogen, Total `.=mil semi-annual Grab SDO Phosphorus, Total "'�1, semi-annual Grab SDO EPA Method 624 �, mgll semi-annual Grab SDO EPA Method 625 -mg/l semi-annual Grab SDO H . standard semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain Gauge - Footnotes: I Measurement Frequency: Twice per year during a representative storm event. 2 Grab samples 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. 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 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Part Il Page 5 of 10 Permit No. NCS000360 Table 2. Monitoring Schedule Monitoring periodt'Z Sample Number Start End Year 1 —Period 1 1 - July 1, 2010 December 31, 2010 Year 1 — Period 2 2 January 1, 2011 ;June 30, 2011 Year 2 — Period* 1 3 •July 1, 2011 December 31, 2011 Year 2 — Period 2 4 January 1, 2012 June-30, 2012 Year 3 — Period 1 5 July 1, 2012 December 31, 2012 Year 3 — Period 2 6 January 1; 2013 June 30, 2013 Year 4 — Period 1 7 July 42013�, ? December 31, 2013 Year 4 — Period 2 S Janua .'I, 2b14 June 30, 2014 Year 5 — Period 1 9 Jul 1; 2014 December 31, 2014 Year 5 — Period 2 10 ,,,Janua ` �1 _2015 June 30, 2015 Footnotes: f I Maintain semi-annual monitoring during permit renewal'process. If at the expiration of the Individual Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be considered for renewed cover"age. 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 ofithe six-month sampling period. The permittee shall report the.analytical results from each sample within the monitoring period. 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). 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. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units, Benchmark Aluminum, Total Recoverable mg/l 0.75 Oil & Grease mg/l 30 Biochemical Oxygen Demand mg/l 30 Chemical Oxygen Demand mg/l 120 Nitrogen, Total mgll 30 Phosphorus, Total mg/l 2 Part II Page 6 of 10 Permit No. NCS000360 EPA Method 624 mg/l 6.7 Benzene Toluene mg/l 0.0018 EPA Method 625 Anthracene mg/1 0.005 Pentachlorophenol mg/1 0.019 pH standard 6-9 Tier One If: The first valid sampling results are above a benchmark value for outsi�of the benchmark range, for any parameter at an 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 specifcl source"controls, operational controls, or physical improvements to reduce concentrations oche parameters of concern, or to bring concentrations within the benchmark range%` 4. Implement the selected actions within two months of the inspection. 5. Record each instance of atTier One response in the Stormwater Pollution Prevention Plan. Include J the date and value of the benchm' ark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two If: -During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a fie diseharize outfall: 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. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part II Page 7 of 10 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 pennittee 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 pennittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stornwater controls; • require the pennittee 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 the Jordan Lake Watershed which is experiencing problems with nutrients (Nitrogen and Phosphorus). A TMDL was approved for the B. Everett Jordan Reservoir in 2007 for a development strategy to control nutrients and meet the state chlorophyll a standard. 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 (I ) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stornwater Pollution Prevention Plan, SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwatcr outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. [if analytical monitoring is not required, the permittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stonnwater 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 pen-nittee 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 pennit is issued for this facility or until this pennit is revoked or rescinded. If at the end of this pennitting cycle the pennittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the pennittee will be considered fora renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See 'fable 2 for schedule of monitoring periods through the end of this pertnitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stornwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all 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. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc >i Sample TypC2 Sample Locati.on3 pH standard semi-annual Grab SDO TPH EPA Method 1664 (SG']' -HEM)] mg/l semi-annual Grab SDO Total Sus ended Solids m 1 scini-annual Grab SDO Total. Rainfall4 inches semi-annual Rain gauge New Motor Oil Usage I gallons/month semi-aimual Estimate - Footnotes: I 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 pernuttee 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-amival monitoring until the renewed pennit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle, 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 from the pond. Permit No. NCS000360 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the, permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark vaiues require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance, Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6 - 9 TPH mg/L 15 [EPA Method 1664 (SGT-HEM)] �2-� Total Suspended Solids rrig/L `` 100 IV f Part 11 Page 10 of 10 Permit No. NCS000360 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in ` accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part ll;.y'' Section A, Paragraph 2(b) of this permit, shall be accomplished within>12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing<facilities previously permitted and applying for renewal under this permit: The Stormwate� 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 f discharges from the operation'of the industrial activity. � � r 2. ' Duty to Comply The permittee must comply V i h ll 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 reissu na ce, or modification; or denial of a permit upon renewal application. a. The permittee shall'.comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 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 knoAangly 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 $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)] C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) 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: NC General Statutes 143-215.6A]. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed Part III Page I of 8 Permit No. NCS000360 $10,000 per day for each day during which the violation continues, with the 'maximum amount of any Class 1I penalty not to exceed $125,000. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability - Except as provided in Part 111, 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- -4,215.6C 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 maybe temporarily suspended. 5. Oil and Hazardous Substance Liability s 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�'f the Federal Act, 33 USC 1321. f 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. 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 III Page 2 of 8 Permit No. NCS000360 10. Penalties for Falsification of Rg orts 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 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 permittee4all 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 le st-180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except a to ynotice to and approval by the Director. The Director may require modification dr revocation and reissuance of the permit to change the name and incorporate such other requirements as may be neces§ary 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: (I) In the case of a corporation: by a principal executive officer of at least the level of vice= president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) - In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. 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 Part III Page 3 of 8 Permit No. NCS000360 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: y "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, t^ie; 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 G' `w 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 A/dininistrativerCode, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al.l€ 5. Permit Actions \` The permit may be modified,46voked 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 achievecompliance 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. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part III Page 4 of 8 Permit No. NCS000360 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 t• anticipated bypass after considering its adverse effects., SECTION D: MONITORING AND RECORDS I. Representative Sampling Samples collected and measurements taken, as required fherein; shah characteristic ofthe 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 shaltnot be changed without notification to and -approval of 1 the Director. 2.1 Recordingft_ esults For each measurement, sample, inspection or'maintenance activity performed or collected pursuant to the . requirements of this individual permit; the pe nittee 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. 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. NCS000360 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 representative outfall status. If it is established that the stormwatet -discharges are substantially identical and the permittee is granted representative outfall status, teen 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 monitoringinstrumentation, and copies of all reports required by this individual permit for a period of at least 5 yearsfrom the date of the sample, measurement, report or application. This period may bye extended by request of the Director at any time. 7. Inspection _and _Ent ry \ l� 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; .y a: Enter upon the p'ermittee'e premises where a regulated facility or activity is located or conducted, or where recordsrmust be kept under the conditions of this individual permit; b. Have access to and coy, 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 MonitoringrReports 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 delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on forms supplied by the Division. Part III Page 6 of 8 Permit No. NCS000360 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. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual monitoring -results should not be submitted to the Division, except upon DWQ's specific requirement to do SO. ,5 - 2. Submitting Reports ; Two.signed copies of Discharge Monitoring R-ports (DMRs) shall be submitted to: Central Files - Division of Water Quality) '1617 Mail Service Center's Raleigh, North Carol ina'27699 1617 �l In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional Office (RO) by March 1 of each year. Addresses for each RO and the counties covered by,each RO c n be found here: http://portal.ncdenr.arg/web/wq/home/ro.',.�he permittee shall retain the completed originals on site. ' Visual monitoring results should not be ubmitted to_Wt /Regional Offices or- Central Files unless specifically requested by DWQ. ' • -°� Availability ofReport s Except for data determined to o 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 QuaRty. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non_Stormwater Discharges If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the.Individual Permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance r 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. Part III Page 7 of 8 Permit No. NCS000360 7. Snills . The permittee shall report to the -local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VI of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 1.00 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bypass a. Anticipated bypass. If the permittec knows in advance of the need for a bypass,'it shall submit r 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./ l� 9. Twenty-four Hour Reporting { The permittee shall report to the central office or the appropriate regional'office any noncompliance which may endanger health or the environment. Any information'shall be provided orally within 24 hours from the time the permittee became aware of the circumstancest .,rA written submission shall also be provided // ) �f within 5 days of the time the permittee becomes'aware of the circumstances. ,� )/r_' The written submission shall contain a descriptioofttie noncompliance, and its causes; the period of - noncompliance, including exact dates and times,.and"if the noncompliance has not been corrected, the 1, anticipated time compliance is `expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncomphanc`c,,,/ The Director may waive thelwritten report on a case -by -case basis if the oral report has been -received within 24 hours. 0. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 1 L Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000360 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 provisions 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 �s b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph.shall also.contain4ny other requirements in the Act then applicable. r� ` i / PART V ADMINISTERING AND COMPLLkNCE MONITORING FEE REQUIREME1vTS y,/ 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 inmtiinely manner accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART.VI DEFINITIONS 1. Act. See Clean Water Act. 2. 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. 3. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://cfpub.epa.gov/npdes/stonnwater/menuofbmps/index.cfm. 4. Buss 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. 5. 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. Parts IV, V and VI Page I of Permit No. NCS000360 6. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. }. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. lam•'/ 9. Director The Director of the Division of Water Quality, the permit issuing autliority;e� to. EMC el\,- . The North Carolina Environmental Management Commission. 11. Grab Sample f 1�1 \� _,;/ An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under.40 CFR Part�Tl6 pursuant to Section 31 L of the Clean Water Act. 13. Landfill lf� 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 impouiLnent, 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, 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. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under an Individual Permit. 17. Permtttee The owner or operator issued a certificate of coverage pursuant to,this Individual Permit, Part VI Page 2 of 4 Pages Permit No. NCS000360 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. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no preeipi fation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample ma'y be collected if the next rain producing a discharge begins within 10 hours. 20. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall t. status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 0 21. Secondary Containment f/. 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 evcnt 1\ �\ 22. 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 1486, 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 I11, Section 313 reporting requirements; and C. Meets at least one of the following criteria: (1) .--- Is listed in appendix D of40 CFR part 122 on Table 11(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. 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref. 40 CFR 302.4). Part VI Page 3 of 4 Pages Permit No. NCS000360 26. Stormwater Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. =1 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, Stormwater Pollution Prevention Plan e e. A comprehensive site -specific plan which details measures and practices"to reduce stormwater pollution and is based on an evaluation ofthe'polluiion potential of the site, 30. Total Maximum Daily Load (TMDL) / \ ` TMDLs are written plans for attaining and maintaining water.quality standards, in all seasons, for a specific water body and pollutant. (A list of approved TMDLs for the state of North Carolina can be found at http:l/h2o.enr.state.ne.us/tmdl/)f.�./f' 31.. Toxic Pollutant Any pollutant listed as.toxic under Section 30;7(a)(1) of the Clean Water Act. 4 ._ 32. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 33. 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. 34. 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. PartVI Page4 of4 Pages ::S000360 ' /Rvonimendadons:cBased on the documents reviewed, the application information submitted on May 3, 2007 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) '-� Date r l- Stormwater Permitting Unit Supervis01 for r dley Be ett Concurrence by Regional Office Date l RO Water Quality Supervisor Date Regional Office Staff Comments (attach additional pages as necessary) 4- Page 13 of 13 Select Element Occurrence Page 1 of 1 Select Element Occurrence(s) Found 3 Element Occurrence(Q l Select EO 3D Scientific EO j Name Nb Common Name - - -- - .. State ...-...-...,' Federalir 11 date Last �I EO i9' EO I Protection' Protection state �' Global Full Observed Rank II Accuracy �I Rank' Rank ji Record I� II Status status Ii ❑ 5786 Cardamine 16 Douglass's douglassil Bittercress 1996 C Low SR-P S2 G5 More... ❑ 3415 Gillenia 29 Indlan stipulata Physic 19937 B� Low SR-P S2 G5 More ... Liatris Earle's 19668 14 Blazing- 1955-09- Very H SR-P __ S2 G4G5 Mpre... squarrulosa star 29 Low ,i Select All Zoom to Location I 111 http://nhpweb.enr.state.nc.us/nhis/partner/forms/eo/eo_py eo—select.phtml?showOnMap=i... 4/l/2009 'All Waters in NCarein Category 5-303(d) List for Mercury due to statewide fish consumption advice for several, fish species AU Number AU —Name AU_Descrlption LengthArea AU_Units. Classification Parameter Reason ror Rating Use Category Collection Year 303(d)year Q 16-41-2-(1.5) Morgan Creek From a point 1.4 miles downstream of NC 163.2 FW Acres WS- (University Lake) Hwy 54 to dam at University Lake ll;HQW,NSW, 5 Chlorophyll a Standard Violation Aquatic Life 2008 2010 Q 16-41-1-(11.5)a New Hope Creek From a point 0.3 mile upstream of Durham 0.4 FW Miles WS-IV;NSW County SR 2220 to SR 2220 5 Fecal Coliform (recreation) Standard Violation Recreation 2008 2006 5 Low Dissolved Oxygen Standard Violation Aquatic Life 2008 2006 5 Turbidity Data Inconclusive Aquatic Life 2008 2006 I� 16-41-1-(11.5)b New Hope Creek From SR 2220 to 140 3.5 FW Miles WS-IV;NSW 5 Fecal Coliform (recreation) Standard Violation Recreation 2008 1998 5 Low Dissolved Oxygen Standard Violation Aquatic Life 2008 1998 5 Turbidity Standard Violation Aquatic Life 2008 1998 (D 16-41-1-111.5)c New Hope Creek From 1-40 to a point 0.8 mile downstream 4.0 FW Miles WS-IV;NSW of Durham County SR 1107 5 'Turbidity Standard Violation Aquatic Life 2008 2006 Q 16-41-1-(14) New Hope Creek From a point 0.8 mile downstream of 1,415.7 FW Acres WS- (including New Hope Durham County SR 1107 to confluence with IV;NSW,CA Creek Arm of New Morgan Creek Arm of New Hope River Arm Hope River Arm of B. of B. Everett Jordan Lake Everett Jordan Lake) 5 Turbidity Standard Violation Aquatic Life 2008 2008 Q 16-41-(0.5) New Hope River Arm From source at confluence of Morgan Creek 1,199.8 FW Acres WS- of B. Everett Jordan and New Hope Creek Arm of B. Everett IV,B;NSW,CA Lake (below normal Jordan Lake (a east -west line across the pool elevation) southern tip of the formed penisula) to Chatham Co 5 Turbidity Standard Violation Aquatic Life 2008 2008 Q 16-41-1-17-(0.7)a Northeast Creek From US Hwy 55 to Durham Triangle WWTP 3.3 FW Miles WS-IV;NSW 5 Capper Standard Violation Aquatic Life 2008 2008 5 Low Dissolved Oxygen Standard Violation Aquatic Life 2008 2008 5 Turbidity Standard Violation Aquatic Life 2008 2008 Q 16-41-1-17- (0.7)bi 5 Zinc Northeast Creek From Durham Triangle WWTP to Kit Creek 3.3 FW Miles WS-1V;NSW Standard Violation Aquatic Life 2008 2008 NC 2010 Integrated Report Category 5-303(d) List EPA Submittal 20100329 Monday, March 29, 2010 Page 7 of 115 CAPE FEAR River Basin Subbasin 03-06-05 Assessment Impaired Year Waterbody and Description unit (A to Class Subbasin Use Listed Category and Reason for Listing Potential Source(s) Miles or Acres New Hope River Arm of B. 16-01-(0.5) WS4V&B 03-06-05 5 1,199.8 FW Acres Everett Jordan Lake (below NSW CA normal pool elevation) From source at confluence of Morgan Creek and New Hope Creek Arm of B. AL 2002 5 Standard violation: Chlorophyll a MS4 NPDES Everett Jordan Lake (a east -west line across the southern tip of the formed WWTP NPDES penisula) to Chatham Co New Hope River Arm of B. 16.41-(3.5)a WS4VBB 03-06-05 5 5,673.3 FW Acres Everett Jordan Lake (below NSW CA normal pool elevation) From Chatham County SR 1008 to Haw River Arm of B. Everett Jordan Lake, Haw AL 2006 5 Standard violation: Chlorophyll a WWTP NPDES River MS4 NPDES Wortheast Creek - — 16-01-1-17- 0 7 u WS4V 03-06-05 5 3.3 FW Miles NSW From US Hwy 55 to Durham Triangle WWTP 0 1998 4a Standard violationl Coliffbrm --3 MS4 NPDES j� r /� � �jr� �1�/j� v►w► AL 2006 5 Standard violation: urbidily {'(j�/V r AL 2006 5 Standard violation: Low Dissolved i a V v`^' +t Oxygen Northeast Creek 16-01-1-17-(0.7)bl WS4V 03-06-05 5 3.3 FW Miles NSW From Durham Triangle WWTP to Kit Creek REC 2000 4a Standard violation: Fecal Coliform MS4 NPDES AL 2006 5 Standard violation: Turbidity _ Northeast Creek 16-41-1-17{0.7)b2 WS4V 03-06-05 5 3.2 FW Miles NSW From Kit Creek to a point 0.5 mile downstream of Panther Creek O 1998 4a Standard violation: Fecal Coliform MS4 NPDES AL 2006 5 Standard violation_ Turbidity Northeast Creek 16-41-1-17-(4) WSW 03-06-05 6 1.2 FW Wiles NSW CA From a point 0.5 mile downstream of Panther Creek to New Hope Arm of B. Everett AL 2000 6 Impaired biological integrity Jordan Lake Third Fork Creek 16-01-1-1211) C NSW 03-06-05 6 5.2 FW Miles From source to a point 2.0 miles upstream of NC Hwy. 54 AL 1998 6 Impaired biological integrity WWTP NPDES North Carolina 303(d) List- 2006 Tuesday, June 19, 2007 CAPE FEAR Basin 03-06-05 Page 8 of 125 Cam', f,,� - r (�-� g tvi (q TWO, �Z "P 03/23/2009 15:31 9197687159 NCDWQRRO PAGE 03/05 FROM : NIEHE Health 8 5acety Branch PHONE NO. : 919 541 1822 DEPAYurmENT OF HEAL'rH & HUMAN SERVll CIS March 20, 2009 Mack Wiggins ' NC Division of Water Quality Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Deer Mr. Wiggins: Mar. 20 2009 02:59PM P2 ruate rfatM ae•vnx Natioftl InViftAn of Heald+ twonal InstIbAs of EnvIromneretal Health 9elemn, P.0.8o= 12M rms►elt,rbne s Pork, N.C. 27M9 Weesfta: www.nletis.rdkgw This information is provided in response to questions that were generated during:your stormwatcr inspc tlon for no exposure certification, which occurred on March 19, 2009. TheNIEHS submitted an application for exclusion frorn permitting based on no exposure of indtutdal materials and activities. A stormwater permit �NCSOfl036U)-wr+sforigirially required for the NIEHS based on the existence of an onsite waste handling facility (WYIF'). The WHF supports the NIEHS and EPA, research missions and is regulated by NCDENR through a Hazardous Waste Management permit (# NC27508900WR1). The Waste Handling Facility (WHIM wad completed in 1998 and is used for receiving, handling, packaging, and storing hazardous and radioactive wastes. 7'be'NHF was expwided in 2001 to accommodate EPA needs for hamrdous waste management upon ouupancy of its new facilities on the NIEI-1S / EPA campus. All waste is stored inside of the secure, climate -controlled facility and no waste is stored outside. Facility security is monitored by waste staff.,, perimeters electronic security systems, and by security patrol inspecdons. Waste is delivered into the facility approximately twice a day for sorting and packaging. Waste arrives to the facility in small quantities (2.5 gallons or less) and is transferred from the waste vehicle via'a chemical cart_ Outbound shipments of packaged waste for disposal occur approximately 1.0 times per year. All drums/containers are managed using industry best practices and handled with modern container handling equipment such as a drum, dolly, band truck, etc- All containers are secured for transportation according to manufacturer's specifications and DOT requirements, The WHF is equipped with all necessary safety and environmental features for this type of facility, including emergency showers, eye washes, spill containment dikes, grated floors, segregated storage ar=, and a sloping loading dock pad designed with a trench drain for contaitui:Jent in the event of spill at the loading dock. All personnel handling waste at the facility receive training in contingency and spill response planning. All personnel are trained annually in Hazardous Waste Operations and Emergency lkesponso (HAZWOPER) for spill response and Incident Command System (ICS) practices. The NIEITS and the EPA have also developed a eooredinated tirnergency Response Plan for response to potential emergencies and releases at the facility. e3/23/2009 15:31 9197887159 FROM : NIEHS Health & Safety Branch NCDWQRRO PHONE NO. : 919 541 1822 PAGE 04/05 Mar. 20 2009 03:Ia9PM P3 'There are no recorded spill incidents at the VvW since it was occapied in 1998. A log of the eight petroleum spills that have occurred on the N1BHS Campus siaee 1979 is attached for review. Please do not hesitate to contact me at 919-541-4234 if you have any additional questions aboi.tt the NIEHS request fot no exposure certification. Thanks William K. Steinmetr, Enviro=ental Compliance Speciahst m m ur 0 a 0 Cr c3 a 0 z M m m m CO m NIEHS Petroleum Spill Log Date Spill Location Desctiption of the Spill 10/2411998 i31dg_ 105 Etnergertcg A possible overflow valve tualCunction caused an estimated 10-20 gallons of#2 fuel oil to Generwor Day Tank spill daring tank filling operations. The spill entered a nearby storm drain. However, no sheen was observed in the lake. Absorbent matedals vocre used to clean up the spill. 06i2211990 Bldg. 105 Fud Tanks During an excavation of out -of --service USTs, an in- service tenk ruptured releasing an estimated L600 gallons of#2 fuel ail. No material entered the Lake. The spill Wts cleamd up through soil removal. Groundvvater monitoring wells indicated effective removal of c.orntaminaied soil. 10119/1990 Bldg. 101 Fuel Tank An estimated 100-150 gallons of 92 fuel oil was released throuO an cmergtmey generator day tank gent (ripe. A portion of this maternal passed through the storm sewn system and entered the lake. Booms and mats were used to absorb the spilled material on the lake. 041L Lft997 Bldg. 1,05 Fuel Tanks Tanker truck released approximately 10 gallons of fuel oil when disconnecting lines. spill mats were used to clean up the spill, which was confined to pavement in the immediate area. 02/1412000 Bldg. 105 Fuel Tanks About 1-2 gallons of fuel oil was spilled onto stermwater in the secondary containmeN basin, Spill was caused by art ovethiled tank or a loose fitting. Spill mats were used to clean up feel on surface of contained stormwater. 02J2SI2000 Bldg. 101- F Nlodiile Leaking pipes and ventpiping both released fuel oil. I. Aditg pipes released within Generator Pad secondary containment basin. Vent pipe released an estimated 2 -10 gallons into surrounding soil. Spills were cleaned up using absorbent materials and througb soil removal 0 UW2004 I Bldg. L05 Fuel Tanks Tanker truck released about 10 gallons of fuel oil through a cracked hose fitting during unloading operations at Building 105. The spill was confined to the immediate area and cleaned up using absorbent materials from the nearby spill supplies bin 07/22/2005 Bldg. 301 E-Dock Hydraulic fluid pressure line firfmg cracked causing a spill of about 4 gallons. The spill was Cardboard Box confined to the immediate area sut7ounding the hydraulic fluid pump and clewed up using Compactor absorbent materials. Piedmont Triad Council of Governments Jordan Lake Rules Fact Sheet The draft Jordan Lake rules provide the mechanism for the State to enforce nutrient limits and implement a nutrient management strategy which will affect all local governments in the Upper Haw River sub basin. In their current form, these 'rules will be the strictest watershed rules to date in North Carolina with the inclusion of unprecedented measures requiring stormwater retrofits for existing development. All or a portion of four counties and sixteen cities in the PTCOG region will be impacted by these rules. The Jordan Lake Rules will supersede existing rules for the various water supply classes. Under this rule, the entire Jordan Reservoir watershed, which encompasses the Haw River sub basin and the New Hope sub basin, will be designated as a critical water supply watershed, and Contents: • Summary of Current Status of Jordan Lake Rules • Rule Making Schedule • Jordan Lake Background Information • Contact: Paula Sloneker, Environmental Programs Manager have pollutant loading reduction goals for point and non point sources with requirements designed to achieve those goals. Cost Impacts 336.294.4950 pslonekeraptcoa.org New Development: The Jordan Lake rules will impact how residential and commercial development occurs in the watershed. Developers will incur significant costs under the requirements to increase controls on pollutant loads to meet reduction goals. The requirements include limits on density and increased BMPs installation, which will drive up the cost of homes and property, increase sprawl and possibly steer development to other regions. DWQ estimated costs to local government to meet requirements for stormwater retrofits on existing development: $403,000,000.00 over five years. All local governments (cities and counties) in the watershed will be required to install retrofit storm water controls on existing developed lands, Retrofit programs must begin within four years of the effective date of the rule. Additionally, local governments must exceed NPDES Phase II permit requirements to meet nutrient loading reduction targets on new and existing development resulting in substantial cost increases beyond current Phase II program costs. This places an undue financial burden on already limited municipal resources. DWQ estimated costs to local governments located in the Haw River sub basin of the watershed for Wastewater Treatment Plant upgrades to meet pollutant load reduction targets. $21 1,61 1,000.00 over ten years. Impacted Local Governments in the Haw River sub basin Burlington Oak Ridge Swepsonville Elan Haw River Summerfield Gibsonville Pleasant Garden Whitsett Graham Mebane Alamance Co. Greensboro Sedalia Caswell Co. Reidsville Ossipee Guilford Co. Green Level Stokesdale Rockingham Co. Piedmont Triad Council of Governments Draft Jordan Rules: Revised rulemaking schedule: • March 2007-Request EMC approval, Presentation to Board of Transportation, Final fiscal analysis: The Environmental Management Commission approved the DWQ to take the proposed Jordan Lake Nutrient Management Strategy rules to the public for comment at its meeting on March 8, 2007. The DWQ are currently working with the EMC to determine the schedule for the public comment period and public hearings. • April -May 2007-Public comment period, public hearings • September 2007-Request. WQC to forward rules to EMC • November 2007-Request EMC to adopt rules • May 2008-Rules go to General Assembly • August 2008-Ruses effective Background Information: Jordan Reservoir is a multi -use impoundment operated by the U.S. Army Corps of Engineers. The reservoir was formed with the construction of a dam on the Haw River in the Cape Fear River Basin. The lake covers an area of 13,940 acres at elevation 216 feet msl (mean sea level), the normal operating level. The lake is operated for flood control, water quality (low flow augmentation), fish and wildlife conservation, recreation, and water supply. E i Jordan Reservoir consists of two distinct arms - the Haw River and New Hope Creek arms. The Haw River Arm of the lake has an average hydraulic retention time of five days and accounts for 70 to 90 percent of the annual flow through Jordan Reservoir. The New Hope Creek Arm of the lake has an average hydraulic retention time of 418 days. The Jordan Reservoir watershed encompasses 1,686 square miles and includes parts of Alamance, Caswell, Chatham, Durham, Forsyth, Guilford, Orange, Randolph, Rockingham, and Wake counties. It includes all or portions of the urban areas of Durham, Chapel Hill, Cary, Burlington, Greensboro, and several other small municipalities. The Jordan Lake/Haw River Watershed is considered a nutrient sensitive watershed (NSW). This means Jordan Lake and its source waters are nutrient enriched causing algal blooms and taste and odor problems in drinking water. The B. Everett Jordan Reservoir (Jordan Reservoir) Nutrient Management Strategy and Total Maximum Daily Load (TMDL) was developed to satisfy state Nutrient Sensitive Water (NSW) requirements and a federally -mandated TMDL. Both the NSW and TMDL programs include the development of a calibrated nutrient response model to support a management strategy to control nutrients and meet the state chlorophyll a standard. The Clean Water Responsibility Act of 1997 (often referred to as House Bill 515) included legislation to further address water quality problems in NSW waters (NC General Statute 143- 215.1(cl ) to (c5)). The act set total nitrogen (TN) and total phosphorus (TP) NPDES permit limits for facilities discharging greater than 0.5 MGD into the Jordan Reservoir/Haw River watershed. A 5-year compliance period for limits of 5.5 mg/L of TN and 2.0 mg/L of TP was established for qualifying wastewater facilities. The act provides conditions for an extended compliance period, including the development of a calibrated nutrient response model and the development of plans to optimize nutrient removal at the wastewater facility. The municipalities of Greensboro, Mebane, Reidsville, Graham, Pittsboro, and Burlington, and the Orange Water and Sewer Authority (OWASA) were granted a compliance extension in 1999. Facilities that did not seek compliance are the City of Durham/Durham South wastewater treatment plant (WWTP) and the Durham County/ Triangle WWTP. Conditions associated with the extended compliance period were achieved and the calibrated nutrient response model was accepted by the Water Quality Committee (WQC) of the Environmental Management Commission (EMC) in July 2002. B. Everett Jordan Reservoir, North Carolina Phase I Total Maximum Daily Load Final Report September 2007 (EPA Approval Date: September 20, 2007) Prepared by: NC Department of Environment And Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-5083 1 .. B. Everett Jordan Reservoir Phase 1 Nutrient TMDL — Final Executive summary The B. Everett Jordan Reservoir (Jordan Reservoir) Total Maximum Daily Load was developed to satisfy state Nutrient Sensitive Water (NSW) requirements and a federally -mandated TMDL. Both the NSW and TMDL programs include the development of a calibrated nutrient response model to support a management strategy to control nutrients and meet the state chlorophyll a standard. Jordan Reservoir is a multi -use impoundment operated by the U.S. Army Corps of Engineers. The reservoir was fonned with the construction of a dam on the Haw River in the Cape Fear River Basin, The lake covers an area of 13,940 acres at elevation 216 feet msl, the normal operating level. The lake is operated for flood control, water quality (low flow augmentation), fish and wildlife conservation, recreation, and water supply. Jordan Reservoir consists of two distinct arms - the Haw River and New Hope Creek arms. The Haw River Arm of the lake has an average hydraulic retention time of five days and accounts for 70 to 90 percent of the annual flow through Jordan Reservoir. The New Hope Creek Arm of the lake has an average hydraulic retention time of 418 days. The Jordan Reservoir watershed encompasses 1,686 square miles and includes parts of Alamance, Caswell, Chatham, Durham, Forsyth, Guilford, Orange, Randolph, Rockingham, and Wake counties. It includes all or portions of the urban areas of Durham, Chapel Hill, Cary, Burlington, Greensboro, and several other small municipalities. The Clean Water Responsibility Act of 1997 (often referred to as House Bill 515) included legislation to further address water duality problems in NSW waters (NC General Statute 143- 215.1(c 1) to (c5)). The act set total nitrogen (TN) and total phosphorus (TP) NPDES permit limits for facilities discharging greater than 0.5 MGD into the Jordan Reservoir/Haw River watershed. A 5-year compliance period for limits of 5.5 mg/L of TN and 2.0 mg/L of TP was established for qualifying wastewater facilities. The act also established that a calibrated nutrient response model may be developed by DWQ in conjunction with affected parties, and the model may indicate the required TN and TP concentration limits for dischargers greater than 0.5 MGD are different from those listed above. In 1998, Senate Bill 1366 allowed the Environmental Management Commission (EMC) to extend the compliance deadline for these dischargers if additional time was needed to develop a calibrated nutrient response model. The municipalities of Greensboro, Mebane, Reidsville, Graham, Pittsboro, and Burlington, and the Orange Water and Sewer Authority (OWASA) were granted a compliance extension in 1999. Facilities that did not seek compliance extensions were the City of Durham/Durham South W WTP and the Durham County/ Triangle WWTP. Conditions associated with the extended compliance period were achieved and the calibrated nutrient response model was accepted by the Water Quality Committee (WQC) of the EMC in July 2002. The nutrient response model predicted a high frequency of violations of the chlorophyll a standard in the management area representing the Upper New Hope Arm of Jordan Reservoir. This management area corresponds to that portion of the lake upstream of SR 1008. As a result of this model prediction, the Upper New Hope Arm of Jordan Reservoir was placed on the 2002 303(d) List of impaired waters. The Lower New Hope Ann and the 1-law River Arm were later placed on the 303(d) List of impaired waters in 2006 for chlorophyll a impairment. The Clean Water Act (CWA) requires that a Total Maximum Daily Load (TMDL) be developed for each of the waters appearing on the 303(d) list. The objective of a TMDL is to estimate the allowable pollutant loads DWQ Modeling & TMDL Unit ii A -;_ 9a-• B. Everett Jordan Reservoir Phase I Nutrient TMDL - Final and allocate the loads to known sources so that the waterbody may be restored to its intended uses. All TMDLs must be approved by the US Environmental Protection Agency (EPA). This document represents Phase I of the Jordan Reservoir TMDL. The Haw River arm of the reservoir was listed as impaired for elevated pH on the 2006 303(d) list of impaired waters. Phase II of this TMDL will address the pH impairment of the Haw River arm. Like chlorophyll a, elevated pH is a symptom of excessive nutrient loading to the lake. Jordan Reservoir has historically been one of the most eutrophic reservoirs in North Carolina. Excursions of the state water quality standard for chlorophyll a have been noted frequently, especially in the Upper New Hope Arm. Nutrients from a variety of point and nonpoint sources reach Jordan Reservoir. Point sources as a whole contributed an average of 1.5 million pounds of nitrogen and 140 thousand pounds of phosphorus to the reservoir each year. Nonpoint sources contributed an average of 2.5 million pounds of nitrogen and 350 thousand pounds of phosphorus per year. Through the combined efforts of the facilities that were granted the compliance extension and the Division of Water Quality, multiple modeling tools were developed to evaluate conditions in the reservoir and potential management strategies for the reservoir. This includes the development of a calibrated hydrodynamic and nutrient response model for the years 1997 through 2001, an effluent nutrient delivery model, a nutrient fate and transport model, and a watershed loading model. The management strategies were determined through multiple runs of the nutrient response model with a variety of reduction strategies for both total nitrogen and total phosphorus. For each run of the nutrient response model, the frequency of violation of the chlorophyll a standard was evaluated for the entire modeled period (1997 - 2001) and for critical conditions during the summer months. Critical conditions were defined as May through September based on the model results and the measured data. The two distinct arms of the lake, the Haw River and New Hope Creek arms, were each evaluated separately. Further, the New Hope Creek arm was separated into the Upper New Hope Arm and the Lower New Hope Arm. The split between these two areas is SR 1008. Reduction targets were evaluated in temis of nitrogen and phosphorus loads. Multiple combinations of nitrogen and phosphorus loading scenarios that resulted in an 8% standard violation frequency were considered. Ultimately, three different targets were selected for Jordan Reservoir corresponding to the different areas of the reservoir. Nutrient load reduction tar ets from 1997-2001 baseline Area Total nitrogen (TN) percent reduction Total phosphorus (TP) percent reduction Upper New Hope Arm above SR1008 35% 5% Lower New Hope Arm (from SR1008 to the narrows N/A (a) NIA (a) Haw River Ann 8% 5% a) Provides a loading cap equal to 1997-2001 baseline nutrient loads. Both point and nonpoint sources bear an equal burden for nutrient reductions. For example, point sources in the Upper New Hope Arm of Jordan Reservoir must reduce nitrogen loads by 35% and nonpoint sources in the Upper New Hope Arm of Jordan Reservoir must reduce nitrogen loads by D1t'Q Modeling & TMDL Unit iii B. Everett Jordan Reservoir Phase 1 Nutrient TMDL - Final 35%. In this manner, the burden for reductions resulting from the nutrient management strategy is equally borne by point and nonpoint sources. Point Source StratgID7. Upper New Hope Arm of Jordan Reservoir. All of the available loading was allocated to the existing facilities. Therefore, there will be no new nitrogen or phosphorus bearing loads permitted in this watershed. There are four facilities discharging greater than 100,000 gallons per day in the watershed of the Upper New Hope Arm. These facilities account for 99.7% of the total permitted flow from point sources. The discharge allocations for these four facilities provide equivalent concentrations for each facility. For nitrogen, this equivalent concentration is 3.04 mg/L, and for phosphorus this equivalent is 0.23 mg/L. Haw River Arm of Jordan Reservoir. All of the available loading was allocated to the existing facilities. Therefore, there will be no new nitrogen or phosphorus bearing loads permitted in this watershed. There are ten facilities discharging greater than 100,000 gallons per day in watershed of the Haw River Arm. These facilities account for 99.3% of the total pernlitted flow from point sources. The discharge allocations for these ten facilities provide equivalent treatment levels for each facility. For nitrogen, this equivalent treatment level is 5.3 mg/L, and for phosphorus this equivalent is 0.67 mg/L Nonpoint Source Strategy The NPS management strategy proposed by DWQ staff builds on concepts implemented in the Neuse and Tar -Pamlico River Basins. All of the following elements would apply in the subwatersheds of both the Upper New Hope and Haw River arms, while only the riparian buffer protection and new development controls - would apply in the Lower New Hope subwatershed. The proposed strategy would require that: • All agricultural operations would collectively meet N and P export performance goals as implemented by local committees (EMC has no regulatory authority over this management area); • Stormwater: o New development in unincorporated areas of all counties except Caswell and Rockingham are subject to the post -construction stormwater measure of the NPDES Phase lI requirements and are permitted by DWQ beginning July 1, 2007 o Seventeen of the twenty six municipalities in the watershed were issued pen -nits by December 2005 to implement all six measures of the Phase H requirements, either alone or as part of another MS4's permit, and were required to begin implementing post -construction permitting under those permits by December 2007 o All local governments would achieve stormwater N and P export performance goals from all new and existing development; • DWQ would require local governments to protect riparian buffers; • Persons who apply fertilizers to lands in the subwatershed would complete nutrient management training and a written plan for those lands. A tax on fertilizer would fiend the implementation of this rule; • DWQ would work with DEH to develop programs to reduce N and P loading from on -site wastewater (the EMC has no control over this management area); • DWQ would refine existing wastewater land application permitting programs as needed; DWQ Modeling & TAML Unit iv GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2009-216 HOUSE BILL 239 AN ACT TO PROVIDE FOR IMPROVEMENTS IN THE MANAGEMENT OF THE JORDAN WATERSHED IN ORDER TO RESTORE WATER QUALITY IN THE JORDAN RESERVOIR. The General Assembly of North Carolina enacts: SECTION 1. Definitions. -- The following definitions apply to this act and its implementation: (1) The definitions set out in G.S. 143-212 and G.S. 143-213. (2) The definitions set out in 15A NCAC 02B .0262 (Jordan Water Supply Nutrient Strategy: Purpose and Scope) and 15A NCAC 02B .0263 (Jordan Water Supply Nutrient Strategy: Definitions). (3) "Existing Development Rule 15A NCAC 02B .0266" means 15A NCAC 02B .0266 (Jordan Water Supply Nutrient Strategy: Stormwater Management for Existing Development), adopted by the Commission on May 8, 2008, and approved by the Rules Review Commission on November 20, 2008. (4) "Wastewater Discharge Rule 15A NCAC 02B .0270" means 15A NCAC 02B .0270 (Jordan Water Supply Nutrient Strategy: Wastewater Discharge Requirements) adopted by the Commission on May 8, 2008, and approved by the Rules Review Commission on October 16, 2008. SECTION 2.(a) Wastewater Discharge Rule 15A NCAC 02B .0270. — Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 2(c) of this act, the Commission and the Department shall implement the Wastewater Discharge Rule 15A NCAC 02B .0270, as provided in Section 2(b) of this act. SECTION 2.(b) Implementation. — Notwithstanding sub -subdivision (c) of subdivision (6) of Wastewater Discharge Rule 15A NCAC 02B .0270, each existing discharger with a perrnitted flow greater than or equal to 0.1 million gallons per day (MGD) shall limit its total nitrogen discharge to its active individual discharge allocation as defined or modified pursuant to Wastewater Discharge Rule 15A NCAC 02B .0270 no later than calendar year 2016. SECTION 2.(c) Additional Rule -Making Authority. — The Commission shall adopt a rule to replace Wastewater Discharge Rule 15A NCAC 02B .0270. Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 2(b) of this act. Rules adopted pursuant to this section are not subject to G.S. 15013-21.9 through G.S. 150B-2 i .14. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21,3(b1) as though 10 or more written objections had been received as provided by G.S. 15013-21.3(b2). SECTION 3.(a) Existing Development Rule 15A NCAC 02B .0266 Disapproved. — Pursuant to G.S. 150B-21.3(b l ), Existing Development Rule 15A NCAC 02B .0266, as adopted by the Environmental Management Commission on May 8, 2008, and approved by the Rules Review Commission on November 20, 2008, is disapproved. SECTION 3.(b) References in the North Carolina Administrative Code to the rule cited in Section 3(a) of this act shall be deemed to refer to the equivalent provisions of this act. SECTION 3.(c) Nutrient Monitoring. — The Department shall maintain an ongoing program to monitor water quality in each arm of Jordan Reservoir. The Department shall also accept water quality sampling data from a monitoring program implemented by a local government or nonprofit organization if the data meets quality assurance standards established by the Department. On March 1, 2014, the Department shall report the results of monitoring in P Qb each arm of Jordan Reservoir to the Environmental Review Commission. The Department shall submit an updated monitoring report under this section every three years thereafter until such time as the lake is no longer impaired by nutrient pollution. SECTION 3.(d) Control of Nutrient Loading From Existing Development. — The Department shall require implementation of reasonable nutrient load reduction measures for existing development in each subwatershed of the Jordan Reservoir, as provided in this act. The Department shall determine whether nutrient load reduction measures for existing development are necessary in each subwatershed of Jordan Reservoir and require implementation of reasonable nutrient reduction measures in accordance with an adaptive management program as follows: (1) Stage 1 Adaptive Management Program to Control Nutrient Loading From Existing Development. -- a. Municipalities and counties located in whole or in part in the Jordan watershed shall implement a Stage 1 adaptive management program to control nutrient loading from existing development in the Jordan watershed. The Stage I adaptive management program shall meet the requirements set out in A C.F.R. § 122.34 as applied by the Department in the NPDES General Permit for municipal separate storm sewer systems in effect on July 1, 2009. The Stage 1 adaptive management program shall include all of the following measures: 1. A public education program to inform the public of the impacts 'of nutrient loading and measures that can be implemented to reduce nutrient loading from stormwater runoff from existing development. 2. A mapping program that includes major components of the municipal separate storm sewer system, including the location of major outfalls, as defined in 40 Code of Federal Regulations §122.26(b)(5) (July 1, 2008) and the names and location of all waters of the United States that receive discharges from those outfalls, land use types, and location of sanitary sewers. 3. A program to identify and remove illegal discharges. 4. A program to identify opportunities for retrofits and other projects to reduce nutrient loading from existing developed lands. 5. A program to ensure maintenance of best management practices implemented by the local government. b. The Department shall accept local government implementation of another stormwater program or programs meeting the standards set out in this section as satisfying one or more of the requirements set forth in sub -subdivision a. of this subdivision. The local government shall provide technical information sufficient to demonstrate the adequacy of the alternative program or program elements. C. A Stage i adaptive management program to control nutrient loading from existing development shall be implemented as follows: 1. No later than December 31, 2009, each local government shall submit its Stage i adaptive management program to the Commission for review and approval. 2. Within six months following submission of a Stage 1 adaptive management program, the Department shall recommend that the Commission approve or disapprove the program. The Commission shall either approve the program or require changes based on the standards set out in sub -subdivision a. of this subdivision. If the Commission requires changes, the local government shall submit revisions responding to the required changes within two months and the Department shall provide follow-up recommendations to the Commission within two months after receiving revisions. Page 2 Session Law 2009-216 SL2009-0216 3. Within three months following Commission approval of a Stage I adaptive management program, the local government shall begin implementation of the program. Each local government shall report annually to the Department on implementation of its program. (2) Stage 2 Adaptive Management Program to Control Nutrient Loading From Existing Development. — a. If the March 1, 2014 monitoring report or any subsequent monitoring report for the Upper New Hope Creek Arm of Jordan Reservoir required under Section 3(c) of this act shows that nutrient -related water quality standards are not being achieved, a municipality or county located in whole or in part in the subwatershed of that arm of Jordan Reservoir shall develop and implement a Stage 2 adaptive management program to control nutrient loading from existing development within the subwatershed, as provided in this act. If the March 1, 2017 monitoring report or any subsequent monitoring report for the Haw River Arm or the Lower New Hope Creek Arm of Jordan Reservoir required under Section 3(c) of this act shows that nutrient -related water quality standards are not being achieved, a municipality or county located in whole or in part in the subwatershed of that arm of Jordan Reservoir shall develop and implement a Stage 2 adaptive management program to control nutrient loading from existing development within the subwatershed, as provided in this act. The Department shall defer development and implementation of Stage 2 adaptive management programs to control nutrient loading from existing development required in a subwatershed by this subdivision if it determines that additional reductions in nutrient loading from existing development in that subwatershed will not be necessary to achieve nutrient -related water quality standards. In making this determination, the Department shall consider the anticipated effect of measures implemented or scheduled to be implemented to reduce nutrient loading from sources in the subwatershed other than existing development. If any subsequent monitoring report for an arm of Jordan Reservoir required under Section 3(c) of this act shows that nutrient -related water quality standards have not been achieved, the Department shall notify the municipalities and counties located in whole or in part in the subwatershed of that arm of Jordan Reservoir and the municipalities and counties shall develop and implement a Stage 2 adaptive management prograrn as provided in this subdivision. b. The Department shall establish a load reduction goal for existing development for each municipality and county required to implement a Stage 2 adaptive management program to control nutrient loading from existing development. The load reduction goal shall be designed to achieve, relative to the baseline period 1997 through 2001, an eight percent (8%) reduction in nitrogen loading and a live percent (5%) reduction in phosphorus loading reaching Jordan Reservoir from existing developed lands within the police power jurisdiction of the local government. The baseline load shall be calculated by applying the Tar -Pamlico Nutrient Export Calculation Workshect, Piedmont Version, dated October 2004, to acreages of different types of existing development within the police power jurisdiction of the local government during the baseline period. The baseline load may also be calculated using an equivalent or more accurate method acceptable to the Department and recommended by the Scientific Advisory Board established pursuant to Section 4(a) of this act. The baseline load for a municipality or county shall not include nutrient loading from lands under State or federal control or lands in agriculture or forestry. The load reduction goal shall be SL2009-0216 Session Law 2009-216 Page 3 adjusted to account . for nutrient loading increases from lands developed subsequent to the baseline period but prior to implementation of new development stormwater programs. C. Based on findings under sub -subdivision a. of this subdivision, the Department shall notify the local governments in each subwatershed that either: 1. Implementation of a Stage 2 adaptive management program to control nutrient loading from existing development will be necessary to achieve water quality standards in an arm of the reservoir and direct the municipalities and counties in the subwatershed to develop a load reduction program in compliance with this section. 2. Implementation of a Stage 2 adaptive management program to control nutrient loading from existing development is not necessary at that time but will be reevaluated in three years based on the most recent water quality monitoring information. d. A local government receiving notice of the requirement to develop and implement a Stage 2 adaptive management program to control nutrient loading from existing development under this section shall not be required to submit a program if the local government demonstrates that it has already achieved the reductions in nutrient loadings required by sub -subdivision b. of this subdivision. C. Within six months after receiving notice to develop and implement a Stage 2 adaptive management program to control nutrient loading from existing development, each local government shall submit to the Commission a program that is designed to achieve the reductions in nutrient loadings established by the Department pursuant to sub -subdivision b. of this subdivision. A local government program may include nutrient management strategies that are not included in the model program developed pursuant to Section 3(e) of this act in addition to or in place of any component of the model program. In addition, a local government may satisfy the requirements of this subdivision through reductions in nutrient loadings from other sources in the same subwatershed to the extent those reductions go beyond measures otherwise required by statute or rule. A local government may also work with other local governments within the same subwatershed to collectively meet the required reductions in nutrient loadings from existing development within their combined jurisdictions. Any credit for reductions achieved or obtained outside of the police power jurisdiction of a local government shall be adjusted based on transport factors established by the Department document Nitrogen and Phosphorus Delivery from Small Watersheds to Jordan Lake, dated June 30, 2001 f. Within six months following submission of a local government's Stage 2 adaptive management program to control nutrient loading from existing development, the• Department shall recommend that the Commission approve or disapprove the program. The Commission shall approve the program if it meets the requirements of this subdivision, unless the Commission finds that the local government can, through the implementation of reasonable and cost-effective measures not included in the proposed program, meet the reductions in nutrient loading established by the Department pursuant to sub -subdivision b. of this subdivision by a date earlier than that proposed by the local government. If the Commission finds that there are additional or alternative reasonable and cost-effective measures, the Commission may require the local government to modify its proposed program to include such measures to achieve the required reductions by the earlier date. if the Commission requires such Page 4 Session Law 2009-216 SL2009-0216 modifications, the local government shall submit a modified program within two months. The Department shall recommend that the Commission approve or disapprove the modified program within three months after receiving the local government's modified program. In determining whether additional or alternative load reduction measures are reasonable and cost effective, the Commission shall consider factors including, but not limited to, the increase in the per capita cost of a local government's stonwater management program that would be required to implement such measures and the cost per pound of nitrogen and phosphorus removed by such measures. The Commission shall not require additional or alternative measures that would require a local government to: I. Install or require installation of a new stormwater collection system in an area of existing development unless the area is being redeveloped. 2. Acquire developed private property. 31. Reduce or require the reduction of impervious surfaces within an area of existing development unless the area is being redeveloped. g. Within three months after the Commission's approval of a Stage 2 adaptive management program to control nutrient loading from existing development, the local government shall complete adoption and begin implementation of its program. h. Each local government implementing a Stage 2 adaptive management program to control nutrient loading from existing development shall submit an annual report to the Department summarizing its activities in implementing its program. i. If at any time the Department finds, based on water quality monitoring, that an arm of the Jordan Reservoir has achieved compliance with water quality standards, the Department shall notify the local governments in the subwatershed. Subject to the approval of the Commission, a local government may modify its Stage 2 adaptive management program to control nutrient loading from existing development to maintain only those measures necessary to prevent increases in nutrient loading from existing development. SECTION 3.(e) Model Stage 2 Adaptive Management Program to Control Nutrient Loading From Existing Development. — No later than July 1, 2013, the Department shall submit a model Stage 2 adaptive management program to control nutrient loading from existing development to the Commission for approval. The model program shall identify specific load reduction practices and programs and reduction credits associated with each practice or program and shall provide that a local government may obtain additional or alternative load -reduction credits based on site -specific monitoring data. In developing the model program, the Department shall consider the findings and recommendations of the Scientific Advisory Board established pursuant to Section 4(a) of this act and comments submitted by municipalities and counties identified in 15A NCAC 02B .0262(7) (Jordan Water Supply Nutrient Strategy: Purpose and Scope). The Commission shall review the model program and either approve the program or return it to the Department with requested changes. The Department shall revise the model program to address changes requested by the Commission. The Commission shall approve a final model program no later than December 31, 2013, SECTION 3.(f) Additional Measures to Reduce Nitrogen Loading From Existing Development in the Upper Now [lope Creek Arm of the Jordan Reservoir. — If the March 1, 2023, monitoring report or any subsequent monitoring report for the Upper New Hope Creek Arm of Jordan Reservoir shows that nutricttt-related water quality standards are not being achieved, a municipality or county located in whole or in part in the Upper New Hope Creek Subwatershed shall modify its Stage 2 adaptive management program to control nutrient loading from existing development to achieve additional reductions in nitrogen loading from existing development. The modified Stage 2 adaptive management program shall be designed SL2009-0216 Session Law 2009-216 Page 5 to achieve a total reduction in nitrogen loading from existing development of thirty-five percent (35%) relative to the baseline period 1997 through 2001. The Department shall notify local governments of the rcquircnIcnt to submit a modified Stage 2 adaptive management program. Submission, review and approval, and implementation of a modified Stage 2 adaptive management program shall follow the process, timeline, and standards set out in sub -subdivisions c. through g. of subdivision (2) of Section 3(d) of this act. SECTION 3.(g) Enforcement. — The Department shall enforce the provisions of this act as provided in G.S. 143-215.6A, 143-215.613, and 143-215.6C. SECTION 3.(h) Collective Compliance. — Local governments that are subject to regulation under this act may establish collective programs to comply with the requirements of this act. SECTION 3.(i) Report. —The Department shall report annually to the Commission regarding the implementation of adaptive management programs to control nutrient loading from existing development in the Jordan watershed. SECTION 3.(j) Additional Rule -Making Authority. — The Commission shall adopt a rule to replace Sections 3(c) through 3(i) of this act. Notwithstanding G.S. 150B-19(4), the rile adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Sections 3(c) through 3(f) of this act. Rules adopted pursuant to this section are not subject to G.S. 15OB-21.9 through G.S. 150B-21.14. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(bl) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2). SECTION 3.(k) No Change to Existing Regulatory Authority. — Nothing in this act shall be construed to limit, expand, or modify the authority of the Commission to undertake alternative regulatory actions otherwise authorized by State or federal law, including, but not limited to, the reclassification of waters of the State pursuant to G.S. 143-214.1, the revision of water quality standards pursuant to G.S. 143-214.3, and the granting of variances pursuant to G.S. 143-215.3. SECTION 4.(a) Scientific Advisory Board for Nutrient -Impaired Waters Established. — No later than July 1, 2010, the Secretary shall establish a Nutrient Sensitive Waters Scientific Advisory Board. The Scientific Advisory Board shall consist of no fewer than five and no more than 10 members with the following expertise or experience: (1) Representatives of one or more local governments in the Jordan Reservoir watershed. Local government representatives shall have experience in stormwater management, flood control, or management of a water or wastewater utility. (2) One member with at least 10 years of professional or academic experience relevant to the management of nutrients in impaired water bodies and possessing a graduate degree in a related scientific discipline, such as aquatic science, biology, chemistry, geology, hydrology, environmental science, engineering, economics, or limnology. (3) One professional engineer with expertise in stormwater management, hydrology, or flood control. (4) One representative of the Department of Transportation with expertise in stormwater management. (5) One representative of a conservation organization with expertise in stormwater management, urban landscape design, nutrient reduction, or water quality. SECTION 4.(b) Duties. — No later than July 1, 2012, the Scientific Advisory Board shall do all of the following: (1) ldcntify management strategies that can be used by local governments to reduce nutrient loading from existing development. (2) Evaluate the feasibility, costs, and benefits of implementing the identified management strategies. (3) Develop an accounting system for assignment of nutrient reduction credits for the identified management strategies. (4) Identify the need for any improvements or refinements to modeling and other analytical tools used to evaluate water quality in nutrient -impaired waters and nutrient management strategies. Page 6 Session Law 2009-216 SL2009-0216 SECTION 4.(c) Report; Miscellaneous Provisions. — The Scientific Advisory Board shall also advise the Secretary on any other issue related to management and restoration of nutrient -impaired water bodies. The Scientific Advisory Board shall submit an annual report to the Secretary no later than July 1 of each year concerning its activities, findings, and recommendations. Members of the Scientific Advisory Board shall be reimbursed for reasonable travel expenses to attend meetings convened by the Department for the purposes set out in this section. SECTION 5. No Preemption. — A local government may adopt and implement a stonnwater management program that contains provisions that are more restrictive than the standards set forth in Sections 2 and 3 of this act or in any rules concerning stonnwater management in the Jordan watershed adopted by the Commission. This section shall not be construed to authorize a local government to impose stonnwater management requirements on lands in agriculture or forestry. SECTION 6. Construction of Act. — (1) Except as specifically provided in Sections 2(c) and 30) of this act, nothing in this act shall be construed to limit, expand, or otherwise alter the authority of the Commission or any unit of local government, (2) This act shall not be construed to affect any delegation of any power or duty by the Commission to the Department or subunit of the Department. SECTION 7. Note to Revisor of Statutes. — Notwithstanding G.S. 164-10, the Revisor of Statutes shall not codify any of the provisions of this act. The Revisor of Statutes shall set out the text of Section 2 of this act as a note to G.S. 143-215.1 and may make notes concerning this act to other sections of the General Statutes as the Revisor of Statutes deems appropriate. The Revisor of Statutes shall set out the text of Section 3 of this act as a note to G.S. 143-214.7 and may make notes concerning this act to other sections of the General Statutes as the Revisor of Statutes deems appropriate. SECTION 8. Effective Date. — This act is effective when it becomes law. In the General Assembly read three times and ratified this the 23"' day of June, 2009. s/ Walter H. Dalton President of the Senate s/ Joe Hackney Speaker of the House of Representatives s/ Beverly E. Perdue Governor Approved 5:30 p.m. this 30"' day of June, 2009 SL2009-0216 Session Law 2009-216 Page 7 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2009-484 SENATE BILL 838, AN ACT TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES LAWS TO: (1) REQUIRE ELECTRONIC REPORTING OF ENVIRONMENTAL LEAD TEST RESULTS AND BLOOD LEAD TEST RESULTS; (2) CLARIFYTHE FEE STRUCTURE FOR FOOD AND LODGING PERMITS; (3) REVISE THE SUNSET PROVISION FOR NUTRIENT OFFSET PAYMENTS; (4) AMEND THE SOLID WASTE DISPOSAL TAX TO STREAMLINE THE PROCESS WHEN A LOCAL GOVERNMENT IS SERVED BY A SOLID WASTE MANAGEMENT AUTHORITY; (5) REPEAL THE REQUIREMENT THAT SEASONAL STATE PARK EMPLOYEES WEAR A UNIFORM VEST; (6) CLARIFY IMPLEMENTATION OF NUTRIENT OFFSETS UNDER THE JORDAN LAKE RULES; (7) -CLARIFY IMPLEMENTATION OF THE JORDAN LAKE RULES RELATED TO FEDERAL AND STATE ENTITIES; (8) MAKE CLARIFYING, CONFORMING, AND TECHNICAL AMENDMENTS TO VARIOUS LAWS RC'LATED TO THE ENVIRONMENT AND NATURAL RESOURCES; (9) AMEND OR REPEAL VARIOUS ENVIRONMENTAL REPORTING REQUIREMENTS; AND (10) DELAY THE EFFECTIVE DATES FOR LAWS GOVERNING THE MANAGEMENT OF DISCARDED COMPUTER EQUIPMENT AND DISCARDED TELEVISIONS TO JULY 1, 2010. The General Assembly of North Carolina enacts: PART 1. AMEND ENVIRONMENTAL AND NATURAL RESOURCES LAWS. SECTION 1. G.S. 130A-131.8 reads as rewritten: "§ 130A-131.8. Laboratory All laboratories doing business in this State shall report to the Department all environmental lead test results and blood lead test results for children less than six years of age and for individuals whose ages are unknown at the time of testing. Reports shall be made electronic submission within five working days after test eempletion ell for -ins pfoyided by the completion. Reports of blood lead test results shall contain all of the following: The child's full name, date of birth, sex, race, ethnicity, address, and Medicaid number, if aH�—;2nL- 4ie--The name, address, and telephone number of the requesting health care pfevi provider. tie --The name, address, and telephone number of the testing laboratory. 4ie-The laboratory results, whether the specimen t ie—tyDe is venous or capillary; the laboratory sample number, and the dates the sample was collected and analyzed. (c) Reports of environmental lead test results shall contain all of the following: The address where the samples were collected. Sample te such as dustpaint, soil or water. Surface type, such as floor, window sill, or window trough. Collection location. T_he.name, address, and telephone number of the testing laboratory. The'laboratory results, unit of measurement, the laboratory sample number, and the dates the sample was collected and analyzed." SECTION 2.(a) If Senate Bill 202, 2009 Regular Session, does not become law then G.S. 130A-248(d) reads as rewritten: II II I I'll 11 l li l l lll'lll 11 V- 6+ "(d) The Department shall charge each establishment subject to this section, except nutrition programs for the elderly administered by the Division of Aging and Adult Services of the Department of Health and Human Services, establishments that prepare and sell meat food products or poultry products, and public school ea eter-ias, a. afin�ial fee of fiftyy�a� (S5Q.00)--cafetcrias, a fee of fifty dollars ($50.00) for each permit issued. This fee shall be reassessed annually for permits that do not exl2irc_The Commission shall adopt rules to implement this subsection. Fees collected under this subsection shall be used for State and local food, lodging, and institution sanitation programs and activities. No more than thirty-three and one-third percent (33 1/3%) of the fees collected under this subsection may be used to support State health programs and activities." SECTION 2.(b) If Senate Bill 202, 2009 Regular Session, does become law then G.S. 130A-248(d) reads as rewritten: "(d) The Department shall charge each establishment subject to this section, except nutrition programs for the elderly administered by the Division of Aging and Adult Services of the Department of Health and Human Services, establishments that prepare and sell meat food products or poultry products, and public school cafeterias, an anntift! a fee of seventy -live dollars ($75.00) for each permit issued. This fee shall be reassessed annually for permits that do not expire. The Commission shall adopt rules to implement this subsection. Fees collected under this subsection shall be used for State and local food, lodging, and institution sanitation programs and activities. No more than thirty-three and one-third percent (33 1/3°/o) of the fees collected under this subsection may be used to support State health programs and activities." SECTION 3.(a) Section 2 of S.L. 2007-438 reads as rewritten: "SECTION 2. No later than 1 Septeinbef 2009,1 September 2010, the Department of Environment and Natural Resources shall develop and implement a plan to transition the North Carolina Ecosystem Enhancement Program nutrient offset program from a fee -based program to a program based on the actual costs of providing nutrient credits. The new program shall use the least cost alternative for providing nutrient offset credits consistent with rules adopted by the Environmental Management Commission for implementation of nutrient management strategies in the Neuse River Basin and the Tar -Pamlico River Basin." SECTION 3.(b) Section 5 of S.L. 2007-438 reads as rewritten: "SECTION 5. This act becomes effective 1 September 2007 and applies to all nutrient offset payments, including those set out in 15A NCAC 2B .0240, as adopted by the Environmental Management Commission on 12 January 2006. The fee schedule set out in Section 1 of this act expires 1 September- 1-September 20.1.0." SECTION 4. G.S. 105-187.63 reads as rewritten: "§ 105-187.63. Use of tax proceeds. From the taxes received pursuant to this Article, the Secretary may retain the costs of collection, not to exceed two hundred twenty-five thousand dollars (S225,000) a year, as reimbursement to the Department. The Secretary must credit or distribute taxes received pursuant to this Article, less the cost of collection, on a quarterly basis as follows: (1) Fifty percent (50%) to the Inactive Hazardous Sites Cleanup Fund established by G.S. 130A-310.11. (2) Thirty-seven and one-half percent (37.5%) to cities and counties in the State on a per capita basis, using the most recent annual estimate of population certified by the State Budget Officer. One-half of this amount must be distributed to cities, and one-half of this amount must be distributed to counties. For purposes of this distribution, the population of a county does not include the population of a city located in the county. A city or county is excluded from the distribution under this subdivision if it does not provide solid waste management programs and services and is not responsible by contract for payment for these programs and services. established - ..a,,.. #;pke .22 4 Chapter- 1 53 n of the Genefal Statutes. The Department of Environment and Natural Resources must provide the Secretary with a list of the cities and counties that are excluded under this subdivision. The list must be provided by May 15 of each year and applies to distributions made in the fiscal year that begins on July 1 of that year. Page 2 Session Law 2009-484 SL2009-0484 T Funds distributed under this subdivision must be used by a city or county solely for solid waste management programs and services. that Feeei-,,es funds undev this subdivision and is set:ved by a fegional solid authopity' (3) Twelve and one-half percent (12.5%) to the Solid Waste Management Trust Fund established by G.S. 130A-309.12." SECTION 5. G.S. 113-35.1 is repealed. SECTION 5.1. Section 5 of S.L. 2009-406 reads as rewritten: "SECTION 5. This act shall not be construed or implemented to: (1) Extend any permit or approval issued by the United States or any of its agencies or instrumentalities. (2) Extend any permit or approval for which the teen or duration of the permit or approval is specified or determined pursuant to federal law, (3) Shorten the duration that any development approval would have had in the absence of this act. (4) Prohibit the granting of such additional extensions as are provided by law. (5) Affect any administrative consent order issued by the Department of Environment and Natural Resources in effect or issued at any time from the effective date of this act to December 31, 2010. (6) Affect the ability of a government entity to revoke or modify a development approval or to accept voluntary relinnuishrilent of a development approval by the holder of the development approval pursuant to law. (7) Modify any requirement of law that is necessary to retain federal delegation by the State of the authority to implement a federal law or program." PART II. AMEND CERTAIN JORDAN WATER SUPPLY NUTRIENT STRATEGY RULES. SECTION 6.(a) S.L. 2009-216 is amended by adding it new subsection to read: "SECTION 2.(d) Section 2(b) of this act expires on the date that rules adopted pursuant to Section 2(c) of this act become effective." SECTION 6.(b) S.L. 2009-216 is amended by adding a new subsection to read: "SECTION 3.(k) Sections 3(c) through 3(i) of this act expire on the date that rules adopted pursuant to Section 30) of this act become effective." SECTION 6.(c) Section 3(k) of S.L. 2009-216 reads as rewritten: " }SECTION 3.(1} No Change to Existing Regulatory Authority. -- Nothing in this act shall be construed to limit, expand, or modify the authority of the Commission to undertake alternative regulatory actions otherwise authorized by State or federal law, including, but not limited to, the reclassification of waters of the State pursuant to G.S. 143-214.1, the revision of water quality standards pursuant to G.S. 143-214.3, and the granting of variances pursuant to G.S. 143-215.3." SECTION 7.(a) S.L. 2009-216 is amended by adding a new section to read: "SECTION 5.0) Definition. — As used in this section, "New Development Rule 15A NCAC 02B .0265" means 15A NCAC 02B .0265 (Jordan Water Supply Nutrient Strategy: Stormwater Management for New Development) adopted by the Commission on May 8, 2008, and approved by the Rules Review Commission on November 20, 2008. "SECTION 5.(b) New Development Rule 15A NCAC 02B .0265. — Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 5(d) of this act, the Commission and the Department shall implement New Development Rule 15A NCAC 02B .0265, as provided in Section 5(c) of this act. "SECTION 5.(c) Implementation. — Notwithstanding sub -subdivision (vii) of sub -subdivision (a) of'subdivision (3) of New Development Rule 15A NCAC 02B .0265, New Development Rule 15A NCAC 02B .0265 shall be implemented as follows: (1) New development that would exceed the nitrogen or phosphorus loading rate targets set out in sub -subdivision (i) of sub -subdivision (a) of subdivision (3) of New Development Rule 15A NCAC 02B .0265 without the use of engineered stormwater controls and that is not subject to more stringent stormwater requirements under S.L. 2006-246 or rules adopted pursuant to G.S. 143-214.5 shall have engineered stormwater controls that meet the SL2009-0484 Session Law 2009-484 . Page 3 design requirements set out in sub -subdivision (iv) of sub -subdivision (a) of subdivision (3) of New Development Rule 15A NCAC 02B .0265 and achieve eighty-five percent (85%) removal of total suspended solids. (2) A developer may offset part of the nitrogen and phosphorus load from a new development by implementing or funding off -site management measures in accordance with this subdivision. New development shall comply with requirements for engineered stormwater controls as set out in this act and in New Development Stormwater Rule 15A NCAC 02B .0265. On -site stormwater controls shall achieve a maximum nitrogen loading rate that does not exceed six pounds per acre per year for single-family detached and duplex residential development and 10 pounds per acre per year for other development, including multifamily residential, commercial, and industrial. Off -site management measures may be used to offset the difference between the nitrogen and phosphorus loading rates achieved through compliance with the stormwater control requirements of this act and the loading rate targets set out in sub -subdivision (i) of sub -subdivision (a) of subdivision (3) of New Development Rule 15A NCAC 02B .0265. Off -site offsetting measures shall achieve at least the reduction in nitrogen and phosphorus loading equivalent to the remaining reduction needed to comply with the loading rate targets set out in sub -subdivision (i) of sub -subdivision (a) of subdivision (3) of New Development Rule 15A NCAC 02B .0265. A developer may make offset payments to the North Carolina Ecosystem Enhancement Program contingent upon acceptance of payments by that Program. A developer may use an offset option provided by the local government in which the development activity occurs. A developer may propose other offset measures to the local government, including providing his or her own off -site offset or utilizing a private seller. All offset measures identified above shall meet the requirements of Subdivisions (2) through (4) of 15A NCAC 02B .0273. "SECTION 5.(d) Additional Rule -Making Authority. — The Commission shall adopt a rule to replace New Development Rule l5A NCAC 02B .0265. Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 5(c) of this act. Rules adopted pursuant to this section are not subject to G.S. 150E-21.9 through G.S. 150B-21.14. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b]) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2). "SECTION 5.(e) Sunset. — Section 5(c) of this act expires on the date that rules adopted pursuant to Section 5(d) of this act become effective." SECTION 7.(b) S.L. 2009-216 is amended by adding a new section to read: "SECTION 6.(a) Definitions. -- The following definitions apply to this section and its implementation: (1) The definitions set out in G.S. 143-212 and G.S. 143-213. (2) The definitions set out in 15A NCAC 02B .0262 (Jordan Water Supply Nutrient Strategy: Purpose and Scope) and 15A NCAC 02B .0263 (Jordan Water Supply Nutrient Strategy: Definitions). (3) "State and federal Rule 15A NCAC 02B .0271" means 15A NCAC 02B .0271 (Jordan Water Supply Nutrient Strategy: Stormwater Requirements for State and Federal Entities), adopted by the Commission on May 8, 2008, and approved by the Rules Review Commission on October 16, 2008. (4) "Riparian Buffer Rule 15A NCAC 02B .0267" means 15A NCAC 02B .0267 (Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers), adopted by the Commission on May 8, 2008, and approved by the Rules Review Commission on November 20, 2008. "SECTION 6.(b) State and Federal Rule 15A NCAC 02B .0271. — Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 6(d) of this act, the Commission and the Department shall implement the State and Federal Rule 15A NCAC 02B .0271, as provided in Section 6(c) of this act. "SECTION 6.(c) Implementation. — Notwithstanding State and Federal Rule 15A NCAC 02B .0271, the Commission shall implement the State and Federal Rule 15A NCAC 02B .0271 as follows: Page 4 Session Law 2009-484 SL2009-0484 (1) The load reduction goal for existing North Carolina Department of Transportation roadway and nonroadway development shall be established as provided in this subdivision. The load reduction goal shall be designed to achieve, relative to the baseline period 1997 through 2001, an eight percent (8%) reduction in nitrogen loading and a five percent (5%) reduction in phosphorus loading reaching Jordan Reservoir from existing roadway and nonroadway development in the Upper New Hope and Haw subwatersheds. The load reduction goal for the Lower New Hope arm shall be designed to maintain no increases in nitrogen and phosphorus loads from existing roadway and nonroadway development relative to the baseline period 1997 through 2001. Load reduction goals for each subwatershed shall be calculated from baseline loads for existing North Carolina Department of Transportation development present during the baseline period. Baseline loads shall be established for roadways and industrial facilities using stormwater runoff nutrient load characterization data collected through the National Pollutant Discharge Elimination System (NPDES) .Research Program under NCS0000250 Permit Part 11 Section G. Baseline loads for other nonroadway development shall be calculated by applying the Tar -Pamlico Nutrient Export Calculation Worksheet, Piedmont Version, dated October 2004, to acreages of nonroadway development under the control of North Carolina Department of Transportation during the baseline period. The baseline load for other nonroadway development may also be calculated using an equivalent or more accurate method acceptable to the Department and recommended by the Scientific Advisory Board established pursuant to Section 4(a) of S.L. 2009-216. The load reduction goal shall be adjusted to account for nutrient loading increases from existing roadway and nonroadway development subsequent to the baseline period but prior to implementation of new development stormwater programs pursuant to 15A NCAC 02B .027 ] (4)(c). (2) Sub -subdivision (b) of subdivision (3) and sub -subdivision (d) of subdivision (4) of State and Federal Rule 15A NCAC 028 .0271 shall be implemented as follows: a. If' the March 1, 2014, monitoring report or any subsequent monitoring report for the Upper New Hope Creek Arm of' Jordan Reservoir required under Section 3(c) of S.L. 2009-216 shows that nutrient -related water quality standards are not being achieved, State and federal entities shall develop and implement a program to control nutrient loading from existing development within the subwatershed, as provided in this section and State and Federal Rule 15A NCAC 02B .0271. If' the March 1, 2017, monitoring report or any subsequent monitoring report for the Haw River Arm or the Lower New Hope Creek Arm of Jordan Reservoir required under Section 3(c) of S.L. 2009-216 shows that nutrient -related water quality standards are not being achieved, State and federal entities shall develop and implement a program to control nutrient loading from existing development within the subwatershed, as provided in this section and State and Federal Rule 15A NCAC 02B .0271. The Department shall defer development and implementation of a program to control nutrient loading from existing development required in a subwatershed by this sub -subdivision if it determines that additional reductions in nutrient loading from existing development in that subwatershed will not be necessary to achieve nutrient -related water quality standards. In making this determination, the Department shall consider the anticipated effect of measures implemented or scheduled to be implemented to reduce nutrient loading from sources in the subwatershed other than existing development. If any subsequent monitoring report for an arm of Jordan Reservoir required under Section 3(c) of S.L. 2009-216 shows that nutrient -related water quality standards have not been achieved, SL2009-0484 . Session Law 2009-484 Page 5 the Department shall notify each State and federal entity, and each entity shall develop and implement a program to control nutrient loading from existing development as provided in this section and State and Federal Rule 15A NCAC 02B .0271. b. If the Commission requires additional reductions in nutrient loading from local governments pursuant to Section 3(f) of S.L. 2009-216, the Commission shall require State and federal entities to modify their nutrient reduction programs for the Upper New Hope Creek subwatershed to achieve a total reduction in nitrogen loading from existing roadway and nonroadway development in nitrogen loading from existing development of thirty-five percent (35%) relative to the baseline period 1997-2001. (3) Notwithstanding sub -subdivision (d) of subdivision (4) of State and Federal Rule 15A NCAC 02B .0271, the North Carolina Department of Transportation may achieve the nutrient load reduction goal in subdivision (1) of this section for existing roadway and nonroadway development under its control by development of a load reduction program that addresses both roadway and nonroadway development in the watershed for each ann of Jordan Reservoir. A combined program to address roadway and nonroadway development may include stormwater retrofits and other load -reducing measures in the watershed including, but not limited to, illicit discharge removal; street sweeping; source control activities such as pet waste reduction and fertilizer management at NCDOT facilities; improvement of existing stormwater structures; alternative stormwater practices such as use of rain barrels and cisterns; stormwater capture and reuse; and purchase of nutrient reduction credits. NCDOT may meet minimum implementation rate and schedule requirements by implementing a combination of three stormwater retrofits per year for existing roadway development in the Jordan Lake watershed and other load -reducing measures identified in the program to control nutrient loading from existing development developed pursuant to State and Federal Entities Rule 15A NCAC 02B .0271 and this act and approved by the Commission. "SECTION 6.(d) Additional Rule -Making Authority. — The Commission shall adopt a rule to replace State and Federal Rule 15A NCAC 02B .0271. Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 6(c) of this act. Ruffles adopted pursuant to this section are not subject to G.S. 150B-21.9 through G.S. 150B-21.14. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b]) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2). "SECTION 6.(e) Sunset. — Section 6(c) of this act expires on the date that rules adopted pursuant to Section 6(d) of this act become effective. "SECTION 6.(f) Riparian Buffer Rule 15A NCAC 02B ,026T — Until the effective date of the revised permanent rile that the Commission is required to adopt pursuant to Section 6(h) of this act, the Commission and the Department shall implement the Riparian Buffer Rule 15A NCAC 02B .0267, as provided in Section 6(g) of this act. "SECTION 6.(g) Implementation. — Notwithstanding Riparian Buffer Rule 15A NCAC 02B .0267, the Commission shall implement Riparian Buffer Rule 15A NCAC 02B .0267 as provided in this section. (1) For purposes of implementing Riparian Buffer Rule 15A NCAC 02B .0267, the Commission may only use one of the following types of maps for purposes of identifying a water body subject to the riparian buffer protection requirements of Riparian Buffer Rule 15A NCAC 02B .0267: a. The most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United State Department of Agriculture. b. The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geological Survey. Page 6 Session Law 2009-484 SL2009-0484 C. A map approved by the Geographic information Coordinating Council and by the Commission. Prior to approving a map under this sub -subdivision, the Commission shall provide a 30-day public notice and opportunity for comment. (2) Alternative maps approved by the Commission under subdivision (1) of this section shall not be used for buffer delineation on projects that are existing and ongoing within the meaning of subdivision (6) of Riparian Buffer Rule 15A NCAC 02B .0267. (3) Sub -subdivision a. of subdivision (4) of Riparian Buffer Rule 15A NCAC 02B .0267 shall be interpreted to prohibit only those activities conducted outside the buffer that have the effect of altering the hydrology in violation of the diffuse flow requirements set out in subdivision (8) of Riparian Buffer Rule 15A NCAC 02B .0267. "SECTION 6.(h) Additional Rule -Making Authority.--- The Commission shall adopt a rule to replace Riparian Buffer Rule 15A NCAC 02B .0267. Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 6(g) of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 through G.S. 150B-21.14. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(bl) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2), "SECTION 6-(i) Sunset. — Section 6(g) of this act expires on the date that rules adopted pursuant to Section 6(h) of this act become effective." SECTION 8. Sections 5 through 8 of S.L. 2009-216 read as rewritten, "SECTION &SECTION 7. No Preemption. -- A local goverment may adopt and implement a stonnwater management program that contains provisions that are more restrictive than the standards set forth in Sections land 32, 3, and 5 of this act or in any rules concerning stonnwater management in the Jordan watershed adopted by the Commission. This section shall not be construed to authorize a local govennment to impose stonnwater management requirements on lands in agriculture or forestry. "SECTION .c SECTION 8. Construction of Act. — (1) Except as specifically provided in Sections 2 c 3� 5(d), and 6 h of this act, nothing in this act shall be construed to limit, expand, or otherwise alter the authority of the Commission or any unit of local government. (2) This act shall not be construed to affect any delegation of any power or duty by the Commission to the Department or subunit of the Department. "SECTION 7 SECTION 9. Note to Revisor of Statutes. — Notwithstanding G.S. 164-10, the Revisor of Statutes shall not codify any of the provisions of this act. The Revisor of Statutes shall set out the text of Section 2 of this act as a note to G.S. 143-215.1 and may make notes concerning this act to other sections of the General Statutes as the Revisor of Statutes deems appropriate. The Revisor of Statutes shall set out the text of Sections 3, 4, 5, and 6 of this act as a note to G.S. 143-214.7 and may make notes concerning this act to other sections of the General Statutes as the Revisor of Statutes deems appropriate. "SECTION &SECTION 10. Effective Date. — This act is effective when it becomes law." PART III. ENVIRONMENTAL TECHNICAL CORRECTIONS. SECTION 9. G.S. 120-70.61(c) reads as rewritten; "§ 120-70.61. Membership; cochairs; vacancies; quorum. (c) Except as otherwise provided in this section, a legislative member of the Commission shall ^entinue to —serve for so long as the member remains a member of the General Assembly and no successor has been appointed. A member of the General Assembly who does not seek reelection or is not reelected to the General Assembly may complete a term of service on the Commission until the day on which a new General Assembly convenes. A legislative member of the Commission who resigns or is removed from service in the General Assembly shall be deemed to have resigned or been removed from office on the Commission. Any vacancy that occurs on the Cominission shall be filled in the same manner as the original appointment." SECTION 10. G.S. 146-64(9) reads as rewritten: SL2009-0484 Session Law 2009-484 Page 7 "(9) "Vacant and unappropriated lands" means all State lands title to which is vested in the State as sovereign, and land acquired by the State by virtue of being sold for taxes, except def4nec swamplands." SECTION 11. G.S. 130A-310.1 T reads as rewritten: "§ 130A-310..1.1. Inactive Hazardous Sites Cleanup Fund created. (a) There is established under the control and direction of the Department the Inactive Hazardous Sites Cleanup Fund. This fund shall be a revolving fund consisting of any monies appropriated for such purpose by the General Assembly or available to it from grants, taxes, and other monies paid to it or recovered by or on behalf of the Department. The Inactive Hazardous Sites Cleanup Fund shall be treated as a nonreverting special trust fund and shall be credited with interest by the State Treasurer pursuant to G.S. 147-69.2 and G.S. 147-69.3. (b) Funds credited to the Inactive Hazardous Sites Cleanup Fund pursuant to G.S. 130A-295.9 shall be used only as provided in G.S.130A 309.295.9(e). G.S. 130A-295.9(l) and G.S. 130A-310.5(c)." PART 1V. REPORTS CONSOLIDATION. SECTION 12. G.S. 106-744(i) reads as rewritten: "(i) The Advisory Committee shall report no later than May !-October 1 of each year to the Joint Legislative Commission on Governmental Operations, the Environmental Review Commission, and the House of Representatives and Senate Appropriations Subcommittees on Natural and Economic Resources regarding the activities of the Advisory Committee, the agriculture easements purchased, and agricultural projects funded during the previous year." SECTION 13. G.S. l 13-44.45(c) reads as rewritten: "(c) Reports. -- The North Carolina Parks and Recreation Authority shall report no later than October 1 of each year to the Joint Legislative Commission on Governmental Operations, the House and Senate Appropriations Subcommittees on Natural and Economic Resources, the Fiscal Research Division, and the Environmental Review Commission on allocations from the Trust Fund from the prior fiscal year. '• SECTION 14. G.S. L 13-77.9(c) reads as rewritten: "(e) Reports. - The Secretary shall maintain and annuallyrevise twice ems a list of ems- rats_made pursuant to this Article. The list shall include the acreage of each tract, the county in which the tract is located. the amount awarded from the Fund to acquire the tract, and the State department or division responsible for managing the tract. The Secretary shall furnish a copy of the list to each Trustee, the Joint Legislative Commission on Governmental Operations, the I -louse and Senate Appropriations Subcommittees -on Natural and Economic Resources, the Fiscal Research Division, and the Environmental Review Commission within 30 days a4er eaeh fevkien. no later than October 1 of each ear." SECTION 15. G.S. 143-58.2(f) is repealed. PART V. DELAY EFFECTIVE DATES FOR LAWS GOVERNING THE MANAGEMENT OF DISCARDED COMPUTER EQUIPMENT AND DISCARDED TELEVISIONS. SECTION 16.(a) Section 16.6 of S.L. 2007-550, as amended by Section 7 of S.L. 2008-208, as amended by Section 11.4 of S.L. 2008-198, reads as rewritten: "SECTION .16.6.(a) Part 2E of Article 9 of Chapter 130A of the General Statutes, as enacted by Section 16.1(a) of this act, becomes effective as follows: (1) G.S. 130A-309.90 becomes effective 1 jaaua-ryJuIy 1, 2010. (2) G.S. 130A-309.91 becomes effective 'July 1.2010. (3) G.S. 130A-309.92 becomes effective ' rn July 1. 2010. (4) G.S. 130A-309,93(a) becomes effective Jul 1 2010. (5) G.S. 130A-309.93(6) becomes effective July 1_ 2010. (6) G.S. 130A-309,93(c) becomes effective teary -July 1,-2010. (7) G.S. 130A-309.93(d) becomes effective 1 jatitKwy-Ju_ly 1., 2010. (8) G.S. 130A-309.93(e) becomes effective 1 ja1iiiary-Ju1y_.I,2010. ('9) G.S. 130A-309.93(o becomes effective July 1, 2010. (10) G.S. 130A-309,93(g) becomes effective 1 Feb %HH�-Fgbnaary 1, 2011. Page 8 Session Law 2009-484 SL2009-0484 (I Oa) G.S. 130A-309.93A.(a) through (f) become effective 1 januff-y-July l,_2010. (1Ob) G.S. 130A-309.93A(g) becomes effective '' be October 1, 2011. (10c) G.S. 130A-309.93B becomes effective 4-4anta+y-July 1, 2010. (11) G.S. 130A-309.94 becomes effective wry-Ju.__ ly 1, 2010. (12) G.S. 130A-309.95(l) becomes effective 1-Jan aat:�-July 1, 2010. (13) G.S. 130A-309.95(2) becomes effective 4-Ju1 ly 1, 2010. (14) G.S. 130A-309.95(3) becomes effective 12010. 14a G.S. 130A-309.95(4) becomes effective July 1, 2010. (15) G.S. 130A-309.96 becomes effective July 1,-2010. (16) G.S. 130A-309.97 becomes effective 1-1afltaj+-.Iu2010. (17) G.S. 130A-309.98 becomes effective i 5 4anw -.1- nuary 15, 2011. "SECTION 16.6.(b) Section 16.2 of this act becomes effective July ],_.2010. Sections 16.3 and 16.4 of this act become effective 1 januaf-y-January 1, 201 1. Section 16.5 of this act becomes effective 1-jti1y-July_ 1, 2010. Subsection (b) of Section 16.1 of this act, Section 16.6 of this act, and any other provision of Section 16 of this act for which an effective date is not specified become effective wry -July 1, 2010." SECTION 16.(b) Section 8 of S.L. 2008-208 reads as rewritten: "SECTION 8. Sections ^�3 and 4 of this act become effective 4 jaziuff-Lanuaryj. 2011. The remainder of this act becomes effective July I, 2010. ThO-,!Wkilldef E)f '_:effeeti�,e When it beeeffles law." PART VI. EFFECTIVE DATE. SECTION 17. Sections 12, 13, 14, and 15 of this act become effective January 1, 2010. The remaining sections of this act are.effective when this act becomes law. In the General Assembly read three times and ratified this the I It" day of August, 2009. s/ Walter H. Dalton President of the Senate s/ Joe Hackney Speaker of the House of Representatives sl Beverly E. Perdue Governor Approved 1:35 p.m. this 26'h day of August, 2009 SL2009-0484 Session Law 2009-484 Page 9 +� Division of Water Quality / Surface Water Protection NCDENRNational Pollutant Discharge Elimination System ILVHC a... t>e-w�.n*� NO EXPOSURE CERTIFICATION for Exclusion FNvmmmF.vr IWn Name. FW_so.: mm NCGNE0000 FOR AGENCY [TSE ONLY Date Received Year Month Da 2 Certificate of Covers e NICIGIN a NO EXPOSURE* CERTIFICATION Please check here if this is a renewal: o RENEWAL National Pollutant Discharge Elimination System application for exclusion from a Stormwater Permit based on NO EXPOSURE: Submission of this No Exposure Certification constitutes notice that your facility does not authorization for its stormwater discharges associated with industrial activity in the State c Carolina because it qualifies for a no exposure exclusion. A condition of no exposure at an facility means all industrial materials and activities are protected by a storm resistant shelti exceptions) to prevent exposure to rain, snow, snowmelt, and/or runoff, industrial materials or activities include, but are not limited to: material handling equipment cti Aesl industrial machinery, raw materials, Intermediate products, by-products, final products, or w r products. Material handling activities include the storage, loading and unloading, transports conveyance of any raw material, intermediate product, final product or waste product. A storm resistant shelter is not required for the following industrial materials and activities: drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak. "Sealed" means banded or otherwise secured and with locked or non -operational taps or valves; adequately maintained vehicles used in material handling; and final products, other than products that would be mobilized in stormwater discharges (e.g., rock salt). A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition, the exclusion from NPDES permitting is available on a facility -wide basis only —not for individual outfalls. If any industrial activities or materials are, or will be, exposed to precipitation, the facility is not eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form, you certify that a condition of no exposure exists at this facility or site and are obligated to comply with the terms and conditions of 40 CFR 122.26(g). You must re-aDDly for the No Exposure Exclusion once every five (5) vears. For questions, please contact the DWQ Regional Office for your area. (See page 5) (Please print or type) 1) Mailing address of owner/operator (address to which all certification correspondence will be mailed): Name United States Government Contact Street Address City Telephone No. William K. Steinmetz 111 T.W. Alexander Drive RTP State NC ZIP Code 27709 919-541-4234 Fax: 919-541-1822 2) Location of facility producing discharge: Facility Name Facility Contact Street Address City County Telephone No. National Institute of Environmental Health Sciences William K. Steinmetz 111 T.W. Alexander Drive RTP State NC ZIP Code 27709 Durham 919-541-4234 Fax: 919-541-1822 Page 1 of 5 SWU-NE-060508 Last revised 06/05/2008 NCGNE0000 No Exposure Certification 3) Physical location information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). Located on ,the east side of Alexander Drive between Highway 54 and Highway 55. (A copy of a map with the facility clearly located on it should be included with the certification application.) 4) Is the facility located on Native American Lands? ❑ Yes )<No 5) Is this a Federal facility? XYes ❑ No 6) Latitude 35 deg 53 min Longitude 78 deg 52 min (deg., min., seconds) 7) This NPDES No Exposure Exclusion application applies to which of the following: ❑ New or Proposed Facility X Existing Date operation is to begin Date operation began 1978 ❑ Renewal of existing No Exposure Certification Certification No.: NCGNE 8) Was this facility or site ever covered under an NPDES Stormwater Permit?>(Yes ❑ No If yes, what is the NPDES Permit Number? NCS000360 9) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 9 1 9 9 10) Provide a brief description of the types of industrial activities and products produced at this facility: This is a federal Qovernment environmental health research institute There are no manufacturing activities at this facility 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? XNO ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: E gosure Checklists (12. - 14.) 12) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future? (Please check either "Yes" or "No.") If you answer "Yes" to any of these items, you are not eligible for the no exposure exclusion. a. Using, storing, or cleaning industrial machinery or equipment, and areas where residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to stormwater b. Materials or residuals on the ground or in stormwater inlets from spills/leaks c. Materials or products from past industrial activity d. Material handling equipment (except adequately maintained vehicles) e. Materials or products during loading/unloading or transporting activities f. Materials or products stored outdoors (except final products intended for outside use [e.g., new cars] where exposure to stormwater does not result in the discharge of pollutants) ❑ Yes )<No ❑ Yes XNo ❑ Yes >(No ❑ Yes )<No ❑ Yes XNo ❑ Yes >(No Page 2 of 5 SW U-NE-060508 Last revised 06/05/2008 NCGNE0000 No Exposure Certification g. Materials contained In open, deteriorated or leaking storage drums, barrels, tanks, ❑ Yes )<No and similar containers h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes )<No the discharger i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) ❑ Yes ANa j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes )KNo k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes XNo otherwise regulated (i.e., under an air quality control permit) and evident in the stormwater outflow 1. Empty containers that previously contained materials that are not properly stored ❑ Yes )<No (i.e., not closed and stored upside down to prevent precipitation accumulation) m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes XNo stored outside, has the facility had any releases in the past three (3) years? 13) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not eligible for the no exposure exclusion. a. Are exterior ASTs or piping free of rust, damaged or weathered coating, pits, or XYes ❑ No deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? If so, is it free of any XYes ❑ No cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? 14) Secondary Containment: if you answer "No" to any of the following items, you are not eligible for the no exposure exclusion. a. Is secondary containment provided for single above ground storage containers (including drums, barrels, etc.) with a capacity of more than 660-gallons? b. Is secondary containment provided for above ground storage containers stored in close proximity to each other with a combined capacity of more than 1,320- gallons? c. Is secondary containment provided for gny amount of Title III Section 313 Superfund Amendments and Reauthorization Act (SARA) water priority chemicals? d. Is secondary containment provided for an y amount of hazardous substances? e. Are release valves on all secondary containment structures locked? XYes ❑ No Yes ❑ No XYes ❑ No XYes ❑ No XYes ❑ No 15) Hazardous Waste: Page 3 of 5 SWU-NE-060508 Last revised 06105l2008 NCGNE0000 No Exposure Certification a. Is this facility a Hazardous Waste Treatment, Storage, or Disposai Facility? . XYes ❑ No b. Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste ❑ Yes )<No generated per month) of hazardous waste? c. Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste Xes ❑ No generated per month) of hazardous waste? If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: Chemical, radioactive, mixed, universal, and medical waste How is material stored: Stored inside secure TSD Facility on secondary containment Where is material stored: Waste is segregated and stored by hazardous class inside TSDF How many disposal shipments per year: About 8 Name of transport 1 disposal vendor: Veolia Environmental Services Vendor address:2176 Will Suitt Road, Creedmoor, NC 27522 16) Certification: I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no exposure" and obtaining an exclusion from NPDES stormwater permitting. I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or materials from the industrial facility or site identified in this document (except as allowed under 46 CFR 122.26(g)(2)). I understand that I am obligated to submit a no exposure certification form once every five (5) years to the North Carolina Division of Water Quality and, if requested, to the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection reports publicly available upon request. In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under an NPDES permit prior to any point source discharge of stormwater from the facility. Additionally, 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 gathered and evaluated 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 fine and imprisonment for knowing violations. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: William K. Steinmetz Title: Environmental Compliance_Specialist Zr/ 0 9 0 8 (Signature of Applicant) (Date Signed) Please note: This application for the No Exposure Exclusion is subject to approval by the NCDENR Regional Office prior to issuance. The Regional Office may inspect your facility for compliance with no exposure conditions prior to that approval. The Regional Office may also inspect your facility at any time in the future for compliance with the No Exposure Exclusion. Page 4 of 5 SWU-NE-060508 Last revised 06/05/2008 NCGNE0000 No Exposure Certification North Carolina General Statute 143-215.6 B(i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document fiied or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaAing proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). There Is currently no fee for a No Exposure Exclusion. Final Checklist This application should include the following items: This completed application and all supporting documentation. A map with the location of the facility clearly marked. ❑ If this is a renewal, indicated current NCGNE number in Question 7. Mail the entire package to: Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of a No Exposure Exclusion. For questions, please contact the DWO Regional Office for your area. DWQ Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 Central Office .........(919) 733-5083 Page 5 of 5 SWU-NE-060508 Last revised 06/05)2008 It�Xwl ANam if A1min17 io 1 r ava� i SH3IN � ip y � L ..\ N' � - �, �-Fl�y�„` r�- air t�t�'-• \« ret,.,__ ` 4, Y 'r'*. t a y. ,i` � L' �. �� p.tE•� in sir ? �. ��� r. �•. •r4 1 �t 'r �tl 3, P•.�i.�. a11__� sarr_ �Ir�w': 1 i 1.�� ' , t! •! ` .i-'!MIK.MII ' -,�.; � .•' '� ,�/' ire 011 - y � r �M � f s30u313S gTluQH lUTuauz ORAul Jo OlMllsul IUUOITBN DEPARTMENT OF HE.Aum & HUMAN SERVICES Public Health Service 3 s b National Institutes of Health National Instltute of Environmental Health Sciences P.O. Box 12233 Research Triangle Perk, N.C. 27709 Webelte: www.nlehs.nih.gov Y .4 May 1, 2007 qy 6 Ms. Aisha H. Lau NCDWQ 1 Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Dear Ms. Lau: The NIEHS requests renewal of NPDES Stormwater Permit NCS000360,-which expires on October 24, 2007. Two copies of the completed application forms are enclosed for your review. Please do not hesitate to contact me at (919) 541-4234 if you have any questions concerning this individual stormwater permit renewal application. Sincerely William K. Steinmetz Environmental Compliance Specialist Enclosures �0 W A 7-F94 Michael F. Easley, Governor '0 ti William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources { Alan W. Klimek, P.E. Direclor Division of Water Quality .April 12, 2Q07 NATIONAL INSTITUTE OF ENV HEALTH SCIENCE ATTN: STEVEN CARR, OR SUCCESSOR PO BOX 12233 n RESEARCH TRIANGLE PARK, NC 27709 v"Q� Subject: NPDES Stormwater Permit Renewal National Institute Of Env Health ScienP 4 Permit Number NCS000360 Durham County Dear Permttee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000360. This permit will expire on October 24, 2007, North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with al requested information by May 4, 2007 in order for the permit to be renewed by October 24, 2007, Failure to request renewal by May 4, 2007 may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Aisha Lau of the Stormwater Permitting Unit at (919) 733-5083, ext. 578. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit cc: Central Files Stormwater Permitting Unit Files Raleigh Regional Office Nam° hCarolma Adwra!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5093 Customer Service Internet: www, ncwaterqualirv.orQ Location: 512 N. Salisbury 5t. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal OpportunitylAffitm We Action Employer —50%Retyded)10%Post Consumer Paper oa°�wmr��oG PERMIT COVERAGE RENEWAL APPLICATION FORM Permit Number National Pollutant Discharge Elimination System NCS000360 Stormwater Diseharge Permit THIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WITH THE REQUESTED SUPPLEMENTAL INFORMATION TO THE DIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR RENEWAL OF YOUR STORMWATER PERMIT NCS000360 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. OWNER INFORMATION OwnerlOrg. Name: NATIONAL INSTITUTE OF ENV HEALTH SCIENCE U n i t e d States Government Owner Contact: Mailing Address: Phone Number: Fax Number E-mail address: FACILITY INFORMATION Facility Name: NATIONAL iNSTITUCE CE .Facility Contact: Facility Address: II I TW ALEXANDER m Phone Number: DURHAM. NC 27709 i Fax Number E-mail address: PERMIT INFORMATION C n Permit Contact: STEVEN CARR """ William K. Steinmetz Mai I ing Address' POBOX12233 P.O. Box 12233 MD AO-03 RESEARCH TRIANGLE P Phone Number: 9195414234 Fax Number: — 5 41-18 2 2 F a x E-mail address: St'einme 1tibnxehs.nih ov DISCHARGE INFORMATION Discharge Receiving Water: NIEHS Lake to Burdens Creek Stream Clam: C N S W Basin: Cape Fear River Sub -Basin #: ^T Number of outfalls: 1 CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature 1&1/ i�(QI.�I-�.� � � ._.�_— gym____._- Date � � � 0 William K. Steinmetz- Environmental. Compliance Specialist Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attn: Ms. Aisha Lau Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ����•�~ y �., � �� !c �.`j k. � i `'` �JJf '' f e �, c s 1 �r�,� i i �. � •,�. 1. ;L y i __� .e�. ��r� SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials V�:J. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. �. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. a4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. y✓J12 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. W� b. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater. than 0.1 inches has occurred. oM° REPRESENTATIVE STORMWATER OUTFALL (BUILDING 108) Retention Pond North 0 Grass N Towards NIEHS Lake Bldg 105 Bldg 106 Boilers Incinerators Fuel Oil Storage Tanks Grass U O O Storm Drain rench Drain `Pavement 3 Pavement E85 Tank 2000 Gal Capacity Roofed --�-� Bldg108 Loading 1 (Building 108) Dock Grass hemical Storage (Oil water Separator) Representative Outfall C Roof Drain For Bldg 105 Tanks Discharge Towards NIEHS Forest Lake Forest Towards NIEHS Lake 100 Feet NiEHS Stormwater Monitoring Report (Fourth Year of Five Year Permit) Date Quarter Outfall Number Total Flow MG Precipitation inches Aluminum m L COD m L Field pH H units 08/09/2005 1 St 108-1 0.0161 3.00 0.419 11 7.4 12/28/2005 2nd 108-1 0.0012 1 0.21 2.560 1 63 7.1 02/22/2006 3rd 108-1 0.0012 0.21 0.598 27 6.1 04/17/2006 4th 108-1 0.0017 0.31 0.483--+— 59 6.9 Notes: The 12/28/2005 sample contained sand that was applied to icy roads the week prior to sample collection Steinmetz / NJEHS O4/25/2007 NIEHS Visual Monitoring Report 2002 - 2007 Date Outfall Color Odor Clarity 1-clear 10 cloudy Solids 1-none 10 muddy Foam Oil Sheen Outfall Staining Comments 4/11/2007 108-1 Light yellow none 4 3 none nonepollen 10/17/2006 108=1 1 Light gray sli ht 2 1 2 none li ht none Light sheen apparently coming from parking area 4/17/2006 108-1 Li ht brown none 2 3 none none none 12/28/2005 108-1 Light brown none 4 7 none none none Contained sand: Roads sanded last week 4/29/2005 108-1 Light brown none 2 2 none none none Pollen 11 /3/2004 108-1 Light brown none 5 4 yes none none lSmall amount of muddy foam at the outfall 4/12/2004 108-1 Li ht brown/yellow none 3 5 none none none Pollen 10/8/2003 108-1 Light brown none 3 2 none none none 4/9/2003 108-1 Light brown none 3 1 none none none 10/11/2002 108-1 Light brown I none 1 7 1 6 1 none none none Ve heavy rain 7/25/2002 108-1 Light brown I none 1 2 1 2 1 none none none IMonitoding delayed by drought conditions Note: Placed oil boom in the outfall as a preventative measure after discovering light oil sheen in the stormwater discharge on 10/17/2006 Steinmetz / NIEHS 04/25/2007 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. The NIEHS operates three oil/water separators that receive stormwater discharge from aboveground fuel oil storage tank containment areas. All containment valves remain in the closed position until collected stormwater can be visually evaluated for sheen and discoloration. Stormwater releases occur weekly or as needed with records kept in a logbook. This logbook is reviewed for completeness on a quarterly basis. In addition, all ASTs are equipped with locked containment valves or locked fencing to limit access. The representative outfall located at Building 108 discharges stormwater into a forested area, which provides natural filtration before entering the NIEHS Lake. A small retention basin located onsite retains roof drain discharges from both Building 105 and 106 to reduce stormwater flow into an intermittent stream that feeds into the NIEHS Lake. An upcoming BMP involves the placement of additional rip -rip at the end of several conveyance systems to reduce the flow of stormwater entering the NIEHS Lake. A high -hazard dam located onsite for stormwater control is maintained by the NIEHS. Water held back by the dam creates a permanent 27 acre lake. Best management practices associated with the dam include maintaining uniform vegetation cover, removing trees to avoid root damage, and semiannual mowing to control overgrowth and vegetation type. The NIEHS has contacted the NC Division of Land Resources and requested an official inspection of the dam to review structural safety and operational compliance. The NIEHS provides annual RCRA contingency, SPCC and stormwater management training for all waste specialists, oil handling personnel and employees involved with facility operations, maintenance and repairs. Annual drills.are also conducted to evaluate spill response plans, cleanup procedures and preventative maintenance activities. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. Significant changes in NIEHS raw material storage practices include the installation of a 2000 gallon capacity E85 storage tank, a 4000 gallon fuel oil storage tank, and a 1250 gallon emergency generator day tank. The E85 aboveground storage tank and associated fuel dispensing station was installed to provide alternative fuel (85% ethanol / 15% gasoline) for the NIEHS fleet vehicles in accordance with Executive Order 13148. The NIEHS uses about 100 gallons of E85 per week and receives a 1500 gallon delivery of E85 about once per calendar quarter. This storage tank is double -walled and includes an overfill alarm and containments around the pump and the fill hatch. The new fuel oil storage tank and generator day tank were installed to support emergency power generation for a portion of the NIEHS campus. Both of these tanks are double -walled with the larger tank connected in series with the smaller day tank. The aboveground piping between the two tanks is also double -walled. The NIEHS operates a chemical waste treatment, storage, and disposal facility in Building 108. The loading dock area associated with this building is equipped with a trench drain for containment of spills that could occur during chemical deliveries. The parking lot in front of the building is graded to draw water away from the structure and minimize the potential volume of stormwater that could enter the trench drain system following a spill. The trench drain valve remains closed with collected rainwater visually evaluated for the presence of sheen and discoloration before being released to the environment. Before 2006, the trench drain valve remained open at all times and was closed only for maintenance and in the event of a spill. The trench drain valve was replaced in 2006 to improve access and allow for rapid closure. The previous valve had been located below grade and required multiple revolutions for complete closure. STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION N. C. Division of Water Quality, Stormwater and General Permits Unit Facility Name: NATIONAL INSTITUTE OF ENV HEALTH SCIENCE Permit Number: NCS000360 Location Address: 1 i I TW ALEXANDER DR DURHAM, NC 27709 County: DURHAM "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate, and complete" "1 certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit., "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature 7 U 1_ l _ - -- - _-- - Date LiI3 0 10-7 1 I;g►�►-t l� S'te i n me tz �f1✓1 ranrvt�.n`kq.�,. r0�ai'�t� S�Gwlis� Print or type name of person signing above Title SPPP Certification 2199 Re: NIEHS Stormwater Permit Renewal Application V ilL Subject: Re: NIEHS Stormwater Permit Renewal Application From: Aisha Lau <aisha.lau@ncmail.net> Date: Thu, 24 May 2007 08:44:29 -0400 To: "Steinmetz, Bill (NIH/NIEHS) [E]" <steinmel@niehs.nih.gov> Hello Bill, Your application appears to be complete at this time. Your renewal will be assigned to an engineer for review in the near future, and when that has happened they will send you the "official" acknowledgement of renewal application receipt letter. If I can help you with any additional questions don't hesitate to ask. Take care, Aisha Steinmetz, Bill (NIH/NIEHS) [E] wrote: Aisha: The NIEHS individual stormwater permit renewal application was submitted about three weeks ago. Please let me know if you require additional information or have any questions about the application. Thanks Bill Steinmetz Environmental Compliance Specialist NIEHS 919-541-4234 -----Original Message ----- From: Aisha Lau [mailto:aisha.lau@ncmail.net] Sent: Monday, April 30, 2007 12:13 PM To: Steinmetz, Bill (NIH/NIEHS) [E] Subject: Re: Copy of renewal request letter and forms Hello Bill, Attached you should find the SPPP certification form. I apologize for missing it in my last mailing. If you have any additional questions don't hesitate to ask. Take care, Aisha Steinmetz, Bill (NIH/NIEHS) [E] wrote: Aisha: The renewal application package did not include a certification form a 5/24/2007 8:44 AM Re: N1EHS Stormwater Permit Renewal Application for 8 the SWPPP. Please forward a copy of this form to me if it is needed as a�t,*of the application submittal. Thanks Bill Steinmetz Environmental Compliance Specialist NIEHS 919-541-4'234 -----Original Message------ From: Aisha Lau [mailto:aisha.lau@ncmail.net] Sent: Thursday, April 12, 2007 2:28 PM To: Steinmetz, Bill (NIH/NIEHS) [E] Subject: Copy of renewal request letter and forms Hello Bill, I'm sorry for the delay in getting this application to you. When I repulled it from our system I did see that Stephen Carr is still listed in the address line; which likely delayed it through the system. If you have any questions, or if it didn't transmit well, don't hesitate to contact me. Take care, Aisha Aisha Lau N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 2 of 3 5/24/2 �0F IjVA 7"F- Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 1` '1 Alan W. Klimek, P.E. Director 0 Division of Water Quality April 12, 2007 NATIONAL INSTITUTE OF ENV HEALTH SCIENCE ATTN: STEVEN CARR, OR SUCCESSOR PO BOX 12233 RESEARCH TRIANGLE PARK, NC 27709 Subject: NPDES Stormwater Permit Renewal National institute Of Env Health Science Permit Number NCS000360 Durham County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000360. This permit will expire on October 24, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by May 4, 2007 in order for the permit to be renewed by October 24, 2007. Failure to request renewal by May 4, 2007 may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwaterNPDES permit would constitute a violation ofNCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. if you have any questions regarding the permit renewal procedures please contact Aisha Lau of the Stormwater Permitting Unit at (919) 733-5083, ext. 578. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit cc: Central Files Stormwater Permitting Unit Files Raleigh Regional Office ne N�q�r nCarolina dvawra!!il North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service lnternet: www,ncwaterqualitv.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877.623-6748 An Equal OpportunitylAltirmative Action Employer— 50% Recycled110% Post Consumer Paper \N A Michael F. Easley, Governor �� (� William G. Ross Jr., Secretary -7 North Carolina Department of Environment and Natural Resources Q � Alan W. Klimek, P.E. Director Division of Water Quality March 16, 2007 NATIONAL INSTITUTE OF ENV HEALTH SCIENCE ATTN: STEVEN CARR, OR SUCCESSOR PO BOX 12233 RESEARCH TRIANGLE PARK, NC 27709 Subject: NPDES Stormwater Permit Renewal National Institute Of Env Health Science Permit Number NCS000360 Durham County Dear Permittee: Your facility is currently covered for stormwatcr discharge under NPDES Permit NCS000360. This permit expires on April 30, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by May 4, 2007 in order for the permit to be renewed by April-30, 2007. Failure to request renewal by May 4, 2007 may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Mike Randall of the Stormwater Permitting Unit at (919) 733-5083, ext. 545. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit cc: Central Files Stormwater Permitting Unit Files Raleigh Regional Office N�O,'�r'�Caro ' na fVlJ�urA��l�J North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwaterauality,org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal OpportunitylAfflrmatNe Action Employer— 50°k Recycled110% Post Consumer Paper Qa°F "'ar�go� PERMIT COVERAGE RENEWAL APPLICATION FORM Permit Number National Pollutant Discharge Elimination System NCS000360 Stormwater Discharge Permit THIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WITH THE REQUESTED SUPPLEMENTAL INFORMATION TO THE DIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR RENEWAL OF YOUR STORMWATER PERMIT NCS000360 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. OWNER INFORMATION Owner/Org. Name: NATIONAL INSTITUTE OF ENV HFALTH SCIENCE Owner Contact: Mailing Address: Phone Number: Fax Number E-mail address: FACILITY INFORMATION Facility Name: NATIONAL INSTITUTE OF ENV HEALTH SCIENCE Facility Contact: Facility Address: I I I TW ALEXANDER DR DURHAM, NC 27709 Phone Number: Fax Number E-mail address: PERMIT INFORMATION Permit Contact: STEVEN CARR Mailing Address: PO BOX 12233 RESEARCH TRIANGLE PARK, NC 27709 Phone Number: 9195414234 Fax Number: E-mail address: DISCHARGE INFORMATION Discharge Receiving Water: Stream Class: Basin: Sub -Basin #: Number of outfalls: CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Date Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attn: Ms. Aisha Lau Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: Initials (Do not submit the site Stormwater Pollution Prevention Plan) 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and'unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. 5.. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the, laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. r FROM NIEHS Health & SaBranch PHONE NO. : 919 541 1� Mar. 20 2009 02:59PM P1 NIEHS FAX 'TRANSMY'TTAL Date: '..:) "':3 CD j Q 9 To: I""l 4 C 4 1N_r' # of Pages to Follow: in IL From: te.�e,rv-) r--t � NIEHS Health and Safety Branch National Institute of Environmental Health Sciences P. o. Box 12233 Mail Drop A.0-03 Research Triangle Park, NC 27709 Fax: (919) 541-1.822 REMARKS: FROM NIEHE Health & Saf Branch PHONE NO. : 919 541 1+ Mar. 20 2009 02:59PM P2 ©EPAJUFMF ' OF HEAL'Y'H & HUMAN SURVICES t+u4nc realm aerviur March 20, 2009 Mack Wiggins NC; Division of 'Water Quality Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Dear Mr. Wiggins: National Institutes of Health National institute of Environmental Health Salenoes P.O. Box 12233 Research Triangle park, N.C. 27709 Website: www.niehe.nlh.gov This information is provided in response to questions that were generated during your stormwater inspection for no exposure certification, which occurred on March 19, 2009. The NIEHS submitted an application for exclusion from permitting based on no exposure of industrial materials and activities. A stormwater permit (NCS000360) was originally required for the NIMIS based on the existence of an onsite waste handling facility (WTIF). The WHF supports the NIEHS and EPA.. research missions and is regulated by NCDENR through a Hazardous Waste Management permit (# NC2750890004-R1). The Waste Handling Facility (WHF) was completed in 1998 and is used for receiving, handling, packaging, and storing hazardous and radioactive wastes. The WHF was expanded in 2001 to accommodate EPA needs for hazardous waste management upon occupancy of its new facilities on the NIE14S / EPA campus. All waste is stored inside of the secure, climate -controlled facility and no waste is stored outside. Facility security is monitored by waste staff., perimeter electronic security systems, and by security patrol inspections. Waste is delivered into the ,facility approximately twice a day for sorting and packaging. Waste arrives to the facility in small quantities (2.5 gallons or less) and is transferred from the waste vehicle via a chemical cart. Outbound shipments of packaged waste for disposal occur approximately 10 times per year. All drums/containers are managed using industry best practices and handled with modern container handling equipment such as a drum dolly, hand truck, etc_ All containers are secured for transportation according to manufacturer's specifications and DOT requirements. The V79F is equipped with all necessary safety and environmental features for this type of facility, including emergency showers, eye washes, spill containment dikes, grated floors, segregated storage areas, and a sloping loading'dock pad designed with a trench drain for containment in the event of spill at the loading dock. All personnel handling waste at. the facility receive training in contingency and spill response planning. All personnel are trained annually in Hazardous Waste Operations and Emergency Response (HAZ WOPER) for spill response and Incident Command System (ICS) practices. The NIEHS and the EPA have also developed a coordinated Emergency Response Plan for response to potential emergencies and releases at the facility. FROM NIEHS Health & Sa Branch PHONE NO. : 919 541 1� Mar. 20 2009 03:00PM P3 'There are no recorded spill incidents at the VMF since it was occupied in 1998, A lop, of the eight petroleum spills that have occurred on the NIEHS Campus since 1978 is attached for review. Please do not hesitate to contact me at 919-541-4234 if you have any additional questions about the N1EHS request for no exposure certification, Thanks William K. Steinmetz Enyirownental Compliance Specialist • �J NIEHS Petroleum Spill Log Date Spill Location Description of the Spill 10/24/1988 Bldg. 105 Emergency A possible overflow valve malfunction caused an estimated 10-20 gallons of 42 fuel oil to Generator Day Tank spill during tank -filling operations. The spill entered a nearby storm drain. However, no sheen was observed in the Lake. Absorbent materials were used to clean up the spill. 06/22/1990 Bldg. 105 Fuel Tanks During an excavation of out -of -service USTs, an in-service tank ruptured releasing an estimated 1600 gallons of #2 fuel oil. No material entered the lake. The spill was cleaned up through soil removal. Groundwater -monitoring wells indicated effective removal of contaminated soil. 10/19/1990 Bldg. 101 Fuel Tank An estimated 100-150 gallons of #2 fuel oil was released through an emergency generator day tank vent pipe. A portion of this material passed through the storm sewer system and entered the lake. Booms and mats were used to absorb the spilled material on the lake. 04/11A997 Bldg. 105 Fuel Tanks Tanker truck released approximately 10 gallons of fuel oil when disconnecting lines. Spill mats were used to clean up the spill, which was confined to pavement in the immediate area. 02/14/2000 Bldg. 105 Fuel Tanks About 1-2 gallons of fuel oil was spilled onto stormwater in the secondary containment basin. Spill was caused by an overfilled tank or a loose fitting. Spill mats were used to clean up fuel on surface of contained stormwater. 02/25/2000 Bldg. 101 - F Module Leaking pipes and vent piping both released fuel oil. Leaking pipes released within Generator Pad secondary containment basin. Vent pipe released an estimated 2 --10 gallons into surrounding soil. Spills were cleaned up using absorbent materials and through soil removal 01/2912004 Bldg. 105 Fuel Tanks Tanker truck released about 10 gallons of fuel oil through a cracked hose fitting during unloading operations at Building 105. The spill was confined to the immediate area and cleaned up using absorbent materials from the nearby spill supplies bin 07122/2005 Bldg. 101 E-Dock Hydraulic- fluid pressure line fitting cracked causing a spill of about 4 gallons. The spill was Cardboard Box confined to the immediate area surrounding the hydraulic fluid pump and cleaned up using Compactor absorbent materials. a 3 VA M C+ T 90 a ro C+ m w T _ 0 z m z 0 U1 A N ti fu 3 w ru 0 m w w m m a 3 A i FROM : NIEHS Health 8 SaFiVranch PHONE NO. : 919 541 1822 09 2007 05:10PM P1 0 NIEHS FAX TRANSMITTAL Date: °Y 0 0-7 # of Pages to Follow: To: From: (3 � e -zzin nnz NIEHS Health and Safety Branch National Institute of Environmental Health Sciences P. O. Box 12233 Mail Drop AO-03 Research Triangle Park, NC 27709 Fax: (919) 541-1822 REMARKS: rJICHS CS`SSO F©1 10` 3�n Ma 2 0 &M-w MEMO "I W 10- � Form CS-SSO Ow Collection System Sanitary Sewer Overflow Reporting Form PART I I ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTIONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I In the check boxes below, NA a Not Applicable and NE a Not Evaluated A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWO REGIONAL OFFICE << Interrupted Transmission >> v FROM ..NIEHS Health & Safety Hro PHONS NO. : 919 541 1822 � Feb. 09 2007 05:13PM P1 NIEHS FAX TRANSMITTAL., Date: 0 cr •2 0 Dr-7 # of Pages to Follow: 9! To: From: B 10 "Ve i - -z NIEHS Health and Safety Branch National Institute of Environmental Health Sciences P. 0. Box 12233 Mail Drop AO-03 Research Triangle Park, NC 27709 Fax: (919) 541-1. 822 REMARKS: - 1 1C—H C O ��'7 g rdlc �6 F6� DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health service February, 9, 2007 Mack Wiggins -NC Division of Water Quality Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Dear Mr. Wiggins: National Institutes of Health National Institute of Environmental Health Sclences P.O. Box 12233 Research Trtangle Park, N.G. 27709 Webeits: www.nlehs.nlh,gov A sanitary sewer overflow due to a partially obstructed sewer line occurred at the NIEHS on February 7, 2007 between the hours of 10:15 AM and 3:30 PM_ Wastewater discharged at an estimated 5 gallons per minute onto a grassy area on the NIEHS Campus resulting in a total spill volume of about 1500 gallons. A portion of the discharge traveled across the grassy area for about 500 feet before entering into a. small intermittent stream that feeds into the NIEHS Lake. A small portion of the total spill volume may have entered the NIRRS Lake. The overflow discharge from the manhole was clear which indicates that the primary constituents were likely cooling tower water and treated scrubber effluent. No discoloration or sheen was observed on the NIFHS Lake or the affected tributary. The NC Division of Water Quality was notified via voicern ai I message left on your office phone within one hour after the spill was discovered. Service was :requested froEn an offsite plumbing contractor, Brown Brothers Plumbing & Heating, lnc., within one hour after the overflow was first noticed. Attempts were made to reduce wastewater flow from the utility operations by retaining water in the cooling towers while awaiting arrival of the plumbing contractors. Brown Brothers arrived at the site of the overflow about 3:00 PM and finished clearing the sewer line at about 3:40 PM. A small amount of paper towels, which may have contributed to the obstruction and subsequent overflow, were found in the line. The NIEHS landscaping contractors applied 350 pounds of hydrated lime to the impacted areas about 10:30 AM on February 8, 2007. Only a small amount of solid residue was apparent in the spill area near the miiuihole. This residue: received a second application of hydrated lime to assure disinfection. The lake surface and shoreline were examined to determine whether aquatic life had been impacted by the sewer overflow. There were no dead fish observed during these surveys which were conducted at 3:00 PM on February 7, 2007 and at 11:00 AM on February 8, 2007. The NIEHS plans to closely monitor wastewater levels at this location over the next few weeks to evaluate whether there are indications of a redeveloping obstruction. The NIEHS also plans to distribute educational information to all employees via email and an electronic newsletter in an effort to reduce the potential for inappropriate disposal of materials and future sewer overflows. In addition, a small amount of soil is to be removed from several muddy areas located downstream from the sewer overflow as per your request received during today's site visit. A Sanitary Sewer Overflow Reporting Form is attached to this letter. Please let me know if you require any additional information concerning this incident. Sincerely/ William K. Steinmetz Environmental Compliance Specialist Attachment 0 - 0 Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART I This form shall be submitted to the appropriate DWQ Regional Office _within five daysof the first knowledge of the sanitary sewer overflow (SSO). Permit Number: NC8000360 (WQCS# if active, otherwise use treatment plant NC/W6#) Facility: National Inatitute of Environmental Health Sciences (NIEHS) Incident # Owner; United States of America R . Raleigh City. HTP, NC 27709 Source of SSO (check applicable) ,. 0 Sanitary Sewer Pump Station eg+on. County: Durham SPECIFIC location of the SSO (be consistent in description from past reports or documentation -i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc.) : First manhole east o1 Lakeview Deive on the NIEHS Campus Latitude (degrees/minutelsecond): Longitude(dagreas/minute/Second)- 78152' Incident Started Dt; 02-07-2007 Time. 10:15 am Incident End Dt 02-07-2007 Time- 3:30 Pm �- (mm-dd-yyyy) hh:mm AM/PM (mm-dd-yyyy) hh:mm AM/PM Estimated volume of the $SO: 1'504 gallons Estimated Duration (Round to nearest hour); Describe how the volume was determined: v�=_ yWmige(IWWOW $gAuoneaerM0vWasoogallnriWtwr Clear sky, light winds, air tomperaturo ranged Intween 40 - $0 degrees Fahrenheit Weather conditions during SSO event:_._ .,,..,. Did SSO reach surface waters? 0 yes ❑No❑ Unknown Volume reaching surface waters (gallons): < 500 gallons Surface water name: NIEHS Lake Did the SSO result in a fish kill? ❑ Ye$ 0 No ❑ Unknown if Yes, what is the estimated number of fish killed? -- SPECIFIC Causes) of the SSO. FROM,: NIEHS Health & Safety *h PHONE NO. : 919 541 1822 Feb. 09 2007 05:18PM P1 NIEHS FAX TRANSMITTAL Date: 0 02-2 0 D"7 # of Wages to Follow: 9 .1 To: �A From: BM 11 1 -� NIEHS Health and Safety Branch National Institute of Environmental Health Sciences P. 0. Box 12233 Mail Drop AO-03 Research Triangle Park, NC 27709 Fax: (919) 541-1822 REMARKS: �liC-HS C ySS6 ri i►l4i Hg rcAcoP`rb dal �tiv r1 � i i rj A7 t2t- e� j� f r o Fc) A FROM,: NIEHS Health & Safety Bh a 5 PHONE NO. : 919 541 1822 • 0EYARTMF.N'1' OF 11F:AIT11 & HUMAN SERVICES February, 9, 2007 Mack Wiggins NC Division of Water Quality Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Dear Mr_ Wiggins: Feb. 09 2007 05:1ePM P2 Public Health Service National Institutes of Health National Institute of Enviranmentst Health Sciences P.O. Box 12233 Research Mangle Park N.G.27700 Webalte: www.nisho.nih.gov A sanitary sewer overflow due to a partially obstructed Sewer line occurred at the NIEHS on February 7, 2007 between the hours of 10:15 AM and 3:30 PM. Wastewater discharged at an estimated 5 gallons per minute onto a grassy area on the NIEHS Campus resulting in a total spill volume of about 1500 gallons. A portion of the discharge traveled across the grassy area for about 500 feet before entering into a small intermittentstream that feeds into the NIEHS Take. A small portion of the total spill volume may have entered the NIEHS Lake. The overflow discharge from the manhole was clear which indicates that the primary constituents were likely cooling tower water and treated scrubber effluent. No discoloration or sheen was observed on the NIEHS Lake or the, affected tributary. The NC Division of Water Quality was notified via voicemail message left on your office phone within one hour after the spill was discovered. Service was requested from an offsite plumbing contractor, Brown Brothers Plumbing & Heating, Inc., within one hour after the overflow was first noticed. Attempts were made to reduce wastewater flow from the utility operations by retaining water in the cooling towers while awaiting arrival of the plumbing contractors. Brown Brothers arrived at the site of the overflow about. 3:00 PM and finished clearing the sewer line at about 3:40 PM. A ~mall amount of paper towels, which may have contributed to the obstruction and subsequent overflow, were found in the line. The NIEHS landscaping contractors applied 350 pounds of hydrated lime to the impacted areas about 10:30 AM on February 8, 2007. Only a small amount of solid residue was apparent in the spill area near the manhole. This residue received a second application of hydrated lime to assure disinfection. The lake surface and shoreline were examined to determine whether aquatic life had been impacted by the sewer overflow. There were no dead fish observed during these surveys which were conducted at 3:00 PM on February 7, 2007 and at 11:00 AM on February 8, 2007. The NERS plans to closely monitor wastewater levels at this location over the next few weeks to evaluate whether there are indications of a redeveloping obstruction. The NIEHS also plans to distribute educational information to all employees via email and an electronic newsletter in an effort to reduce the potential for inappropriate disposal of materials and future sewer overflows. In addition, a. small amount of soil is to be removed from several muddy areas located downstream from the sewer overflow aw per your request received during today's site visit. A Sanitary Sewer Overflow Reporting Form is attached to this letter. Please let me know if you require any additional information concerning this incident. Attachment Sincerely William K. Steinmetz Environmental Compliance Specialist FROM,: NIEHS Health & Safety Bh PHONE NO. : 919 541 1822 Feb. 09 2007 05:19PM P3 a WAr�R Q Form GS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART I This form shall be submitted to the appropriate DWQ Regional Office within five days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number: NCS000360 (WQCS# if active, otherwise use treatment plant NC1Wq#) Facility:, National Inslituto of Environmental Health Sciences (NIEHS) Incident # Owner: United States of America City: RTP, NO 27709 Source of SSO (check applicable) : 0 Sanitary Sewer ❑ Pump Station Region: Raleigh County, Durham SPECIFIC location of the SSO (be consistent in description from past reports Or documentation - i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc,) ; Frxt manhole esst of %Ak9*w Drive on the NIEHS Campus Latitude (degrees/minute/second): 35153, Incident Started Dt: 02-07-2007 Time, 10:15 am (min-dd-yyyy) hh:mm AMlPM Estimated volume of the SSO: 1,500 gallons Longitude(degraeslminutelseeond)- 702' Incident End Dt 02-07-2007 Time- 3:$0 pm (mm-dd-yyyy) hh;mm AM/PM Estimated Duration (Round to nearest hour)! Describe how the volume was determined: wsuorY °S�" "tea ro be eba,t 5 flellone per mlrUfe or 904 p6ilons per liver Weather conditions during $SO evffe��nl1t' 21ear-5 r%. light winds, air temperature ranged between 40 -50 degrees Fahrenheit .. Did SSO reach surface waters? R) Yes ❑No❑ Unknown Volume reaching surface waters (gallons): t 500 gallons Surface water name: NIEHS Lake Did the SSO result in a fish kill? ❑ Yes 0 No ❑ Unknown If Yes, what is the estimated number of fish killed? SPECIFIC causes) of the SSO: ❑ Severe Natural Condition ❑ Grease Roots ❑ inflow and Infiltration' ❑ Pump Station Equipment Failure ❑ Power outage ❑ Vandalism 0 Debris in line ❑ Other (Please explain in Part 11) Immediate 24-hour verbal notification reported to: Mack Wiggins, NCDWO, 919-791-4248 21 -1 DWQ ❑ Emergency Mgmt. Date (mm-dd-yyyy): 02.07.2007 Time (hh:mm AM/PM): 1 vw am If an $SO is ongoing, please notify Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1 C(b), the responsible party of a discharge of 1,000 gallons or more of untreated wastewater to surface waters shall issue a pressrelease within 46-hours of first knowledge to all print and electronic news media providing general coverage in the County w ere a ischarge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the referenced statute for further detail. The Director. Division of Water Quality. may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was caused by severe natural conditions and there were no feasible altematives to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control Of the Permittee andlor owner, and the discharge could not have been prevented by the exercise of reasonable control. Part 11 must be completed to provide a justification claim for either of the above situations. This information will be the basis for the determination of any enforcement action. Therefore, it is important to be as complete as possible. WHETHER OR NOT PART 11 IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM. CS-SSO Form October 9, 2003 Page 1 FROM NIEHS Health & Safety h PHONE NO. : 919 541 1B22 Feb. 09 2007 05:20PM P4 WA Form CS-SSO C011eCtian System Sanitary Sewer Overflow Reporting Form PART I i ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTIONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I in the check boxes below, NA = Not Appli00ble and NE = Not Evaluated A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWQ REGIONAL OFFICE UNLESS IT HAS BEEN SUBMITTED ELECTRONICALLY THROUGH THE ONLINE REPORTING SYSTEM Severe Natural Condition (hurricane, tornado, etc.) Describe the "severe natural condition" in detail. How much advance warning did you have and what actions were taken in preparation for the event? Comments: When was the last time this specific line (or wet well) was cleaned? Do you have an enforceable grease ordinance that requires now or retrofit of grease trapsfntereeptors? DYX No ❑NA ❑NE: Have there been recent inspectons andlor enforcement actions taken on nearby restaurants or other ElYesO No ONA ❑NE nonresidential grease contributors? Explain - Have there been other SSOs or blockages in this area that were also caused by grease? 11YJD N,UNALJNE When? If yes, describe them: Have cleaning and inspections ever been increased at this location? ❑Ye�NAONE Explain. CS-SSO Form October 9, 2003 — — — - -- . _ Page . 2 FROM NIEHS Health & Safety B 0 h PHONE NO. : 919 541 1822 . Feb. 09 2007 05:20PM P5 Have educational materials about grease been distributed in the past? 11Yes0 rvolJNADAIE When? and to whom? Explain? If the SSO occurred at a pump station, when was the wet well and pumps last checked for grease accumulation? Were the floats clean? 0YeZ3 No❑NADNE Comments: The NIEHS plans to develop and distribute educational materials to the entire workforce via email and electronic newsletters. Roots Do you have an active root Control program? Describe DY.sD N.DNADNE Have cleaning and inspections ever been increased at this location because of roots? ❑YesO No NA DNE Explain: What corrective actions have been accomplished at the SSO location (and surrounding system if assodsted with the SSO)? What corrective actions are planned at the SSO location to reduce root intrusion? Has the line been Smoke tested or videoed within the past year? ❑ YZ No D NA ❑NE If Yes, when? Comments: The NIEHS plans to develop and distribute educational materials to the entire workforce via email and electronic newsletters. inflow and Infiltration Are you under an SOC (Special Order by Consent) or do you have a schedule in any permit that ❑Peso No0NA ONE addresses VI? CS-SSO Form October 9, 2003 Page 3 FROM,: NIEHS Health & Safety 10h PHONE NO. : 919 541 1822 . Feb. 09 2007 05:20PM P6 Explain it Yes: What corrective actions have been taken to reduce or eliminate I & I related overflows at this spill location within the last year? Has there been any flow studies to determine III problems In the collection system at the SSO location? ❑Yes❑ No ❑NA ONE If Yes, when was the study completed and what actions did it recommend? Has the line been smoke tested or vldeoed within the past year? 11YesD No[INATIE If Yes, when and indicate what actions are necessary and the status of such actions: Are there Ill related projects in your Capital Improvement Plan? IJYmO Na NA NE If Yes, explain: Have there been any grant or loan applications for 1/1 reduction projects? 11YX No NA TS It Yes, explain: Do you suspect any major sources of inflow or cross connections with storm sewers? ❑Yas❑ No ❑NAC]NE If Yes, explain: Have all lines contacting surface waters in the SSO location and upstream been inspected recently? ❑Yes❑ No❑NA❑NE If Yes, explain: What other corrective actions are planned to prevent future IIl related SSOs at this location? Comments: Pump Station Equipment Failure (Documentation of testing, records etc shoul be provided upon request.} What kind of notifiicationlalarm systems are present? Auto-dialer/telemetry (one-way communication) CtYes CS-SSO Form October 8, 2003 Page 4 FROM : NIEHS Health & Safety *h Aud'+bte Visual PHONE NO. : 919 541 1922 SCADA (two-way communication) Emergonoy Contact Signage Other Describe the equipment that failed? Feb. 09 2007 05:21PM P7 Ces ❑Yes Dyes Ely" Dyes What kind of situations trigger an alarm condition at this station (i,e. pump Failure, power failure, high water, etc.)? f�t Were notificationlalarm systems operable? Yes+— No UNA UNE If no, explain: If a pump failed, when was the last maintenance and/or inspection performed? What specifically was chocked/maintained? If a valve failed, when was it last exercised? Were all pumps set to alternate? ❑Yeso No DNA ❑NE Did any pump show above normal run times prior to and during the SSO event? ❑Yeo No DNA ❑NE Were adequate spare parts on hand to fix the equipment (switch, fuse, valve, seal, etc.)? ❑Yes❑ No❑NA ❑ NE Was a spare or portable pump immediately available? ❑YesO No❑NACINE If a float problem, when were the floats last tested? HOW? If an auto -dialer or SCADA, when was the system last tested? How? Comments: CS-SSO Form October 9, 2003 Page 5 FROM,: NIEHS Health & Safety B*h PHONE NO. : 919 541 1822 Feb. 09 2007 05:21PM P8 Power outage Documentation of testing, records, etc., should be provided of alternative power source upon request.) What is your alternate power or pumping source? Did it function properly? L.JYestJ No Describe? When was the alternate power or pumping source last tested under load? if caused by a weather event, how much advance warning did you have and what actions were taken to prepare for the event? Comments: The NIEHS plans to develop and distribute educational materials to the entire workforce via email and electronic newsletters. Vandalism Provide police report number. Was the site secured? if Yom how? Control Panel Have there been previous problems with vandalism at the SSO location? If Yes, explain: 13YII0 No❑NA❑NE NvUNA1JNE What security measures have been put in place to prevent similar occurrences in the future? ❑YeE3 No[INA❑NE Comments: Debris in line (Rocks, sticks, rags and other_ items not allowed in the_ collection system, etc_) What type of debris has been found in the line? A small amount of paper towels, which may have contributed to the overflow, were found in the sanitary sewer line Flow could it hove gotten there? The point of entry is unknown. The paper towels may have entered the sewer line via restroom disposal. Are manholes in the area secure and intact? f—%YesL-I NoI-JNALJNE CS-SSO Form October 9, 2003 Page 6 FROM NIEHS Health &Safety ]h PHONE NO. 919 541 1822 40 Feb. 09 2007 05:22PM P9 The area ched*d every wwK clay When was the area Last checkedlcteaned? Have cleaning and inspections ever been increased at this location due to previous problems with debris? 0Y2dy lr NoQNA 11NE Explain: This is an iaclatM avers that is no indicative of normal Moral", Wastawator bvels at this beatbn writ be monkprvd ever the nexd Few weeks to evaluate "Other 11me are rMIM104 pt p redeveloping obstruction. The NIEHS has a0p6eC hydrated line around" will sae &M also plans to remwo a srnaV smounl 01004 ham Several mUddlr areas Iomled downstwm. Are appropriate educational materials being developed and distributed to prevent future similar Oyeac No [INAONE occurrences? Comments: The NIEHS plans to develop and distribute educational materials to the entire workforce via email and electronic newsletters. Other Pictures and a olice report should be available upon request.) Describe_ Were adequate equipment and resources available to fix the problem? ®Yesu NoQNA 11NE If Yes, explain: If the problem could not be immediately repaired, what actions were taken to lessen the impact of the SSO? Comments; For DWQ Use Only: DWQ Requested an Additional Written Report: ❑Ye30 No [DNA ONE If Yes, What Additional information is Needed: Comments: CS-550 Form October 9, 2003 page 7 FRON NIEH5 Health, 8 Safety h PHONE NO. : 919 541 1822 to Feb. 09 2007 05:22PM P10 As a representative for the responsible paq, I certithat the information contained in this rep2rt is true and accurate to the best of my knowledge. Person submitting claim: William K. Steinmetz Signature: ,� ..� Date: February 9, 2007 Title: Environmental Compliance Specialist Telephone Number. 919-541,4234 Any additional information desired to he submitted should be sent to the appropriate Division Regional Office within five days of first knowledge of the $SO with reference to the incident number (the incident number is only generated when electronic entry of this form is completed, if used). .C"SO Form October 9, 2003 Page 8 isMichael F. Easley, Governor ' William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, A.E. Director March 16, 2007 NATIONAL INSTITUTE OF ENV HEALTH SCIENCE ATTN: STEVEN CARR, OR SUCCESSOR PO BOX 12233 RESEARCH TRIANGLE PARK, NC 27709 Subject: NPDES Stormwater Permit Renewal National Institute Of Env Health Science Permit Number NCS000360 Durham County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000360. This permit expires on April 30, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by May 4, 2007 in order for the permit to be renewed by April 30, 2007. Failure to request renewal by May 4, 2007 may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day, If you have any questions regarding the permit renewal procedures please contact Mike Randall of the Stormwater Permitting Unit at (919) 733-5083, ext. 545. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit cc: Central Files Stormwater Permitting Unit Files Raleigh Regional Office . One mthCarolina �vatura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwatgMua1ity.oEg Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal OpportunitylAllirmalNe Action Employer — 50% Recycled110% Post Consumer Paper Ir A ot�� t7 � February 19, 2007 Mr. William K. Steinmetz Environmental Compliance Specialist NIEHS Health and Safety Branch PO Box 12233, Mail Drop AO-03 Research Triangle Park,m NC 27709 Subject: Dear Mr. Steinmetz: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality National Institute of Environmental Health Science Sanitary Sewer Overflow at NIEHS, RTP Durham County On February 8, 2007 staff from the Division of Water Quality staff conducted a site visit to National Institute of Environmental Health Sciences in response to a sanitary sewer overflow. Your cooperation. at the site was greatly appreciated. As a result of the site investigation, NIESH are required to comply with the following immediately: 1. Remove no more than two inches deep of soil from the settled pockets of sewage down hill from the manhole. The distance of removal must be at least 50 feet towards the lake or up to the marked area during the site visit. 2. Distribute educational material to all employees explaining what not to put down the drain to prevent future sewer blockage. Compliance with the above items must be achieved by March 23, 2007. Failure to comply will result to a Notice of Violation and possibly a fine. If you have any questions concerning this, please contact me at telephone number 919/791-4200. cc: Central Files Raleigh Regional Office, Surface Water Protection, A `;A tKII—C )EaTUR Customer Service 1 800 623-7748 Sincerely, /� �yt Mack Wiggins, Environmental Specialist Raleigh Regional Office Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 DEPARTMENT OF I i TH & HUMAN SERVICES 0 Public Health Service February, 9, 2007 Mack Wiggins NC Division of Water Quality Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Dear Mr. Wiggins: National Institutes of Health National Institute of Environmental Health Sciences P.O. Box 12233 Research triangle Park, N.C. 27709 Webelte: www.nlehs.nih.gov A sanitary sewer overflow due to a partially obstructed sewer line occurred at the NIEHS on February 7, 2007 between the hours of 10:45 AM and 3:30 PM. Wastewater discharged at an estimated 5 gallons per minute onto a grassy area on the NIEHS Campus resulting in a total spill volume of about 1500 gallons. A portion of the discharge traveled across the grassy area for about 500 feet before entering into a small intermittent stream that feeds into the NIEHS Lake. A small portion of the total spill volume may have entered the NIEHS Lake. The overflow discharge from the manhole was clear which indicates that the primary constituents were likely cooling tower water and treated scrubber effluent. No discoloration or sheen was observed on the NIEHS Lake or the affected tributary. The NC Division of Water Quality was notified via voicemail message left on your office phone within one hour after the spill was discovered. Service was requested from an offsite plumbing contractor, Brown Brothers Plumbing & Heating, Inc., within one hour after the overflow was first noticed. Attempts were made to reduce wastewater flow from the utility operations by retaining water in the cooling towers while awaiting arrival of the plumbing contractors. Brown Brothers arrived at the site of the overflow about 3:00 PM and finished clearing the sewer line at about 3:40 PM. A small amount of paper towels, which may have contributed to the obstruction and subsequent overflow, were found in the line. The NIEHS landscaping contractors applied 350 pounds of hydrated lime to the impacted areas about 10:30 AM on February 8, 2007. Only a small amount of solid residue was apparent in the spill area near the manhole. This residue received a second application of hydrated lime to assure disinfection. The lake surface and shoreline were examined to determine whether aquatic life had been impacted by the sewer overflow. There were no dead fish observed during these surveys which were conducted at 3:00 PM on February 7, 2007 and at 11:00 AM on February 8, 2007. The-NIEHS plans to closely monitor wastewater levels at this location over the next few weeks to evaluate whether there are indications of a redeveloping obstruction. The NIEHS also plans to distribute educational information to all employees via email and an electronic newsletter in an effort to reduce the potential for inappropriate disposal of materials and future sewer overflows. In addition, a small amount of soil is to be removed from several muddy areas located downstream from the sewer overflow as per your request received during today's site visit. A Sanitary Sewer Overflow Reporting Form is attached to this letter. Please let me know if you require any additional information concerning this incident. �Sincerely W William K. Steinmetz Environmental Compliance Specialist Attachment Form CS-SSO a "`' Collection System Sanitary Sewer Overflow Reporting Form PART I This form shall be submitted to the appropriate DWQ Regional Office within five daysof the first knowledge of the sanitary sewer overflow (SSO). Permit Number: NCS000360 (WQCS# if active otherwise use treatment /ant NCNVQ#) Facility: _ p National Institute of Environmental Health Sciences (NIEHS) Incident # — Owner: United States of America City: RTP, NC 27709 Source of SSO (check applicable) : 0 Sanitary Sewer EJ Pump Station Raleigh County: Durham SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc.) : First manhole east of Lakeview Drive on the NIEHS Campus Latitude (degrees/minute/second): 351H Incident Started Dt: 02-07-2007 Time, 10:1Sam (mm-dd-yyyy) hh:mm AM/PM Estimated volume of the SSO: 1,500 gallons Long itude(degrees/minute/second)' 78/52' Incident End Dt 02-07-2007 Time. 3:30 pm (mm-dd-yyyy) hh:mm AM/PM Estimated Duration (Round to nearest hour)5 Describe how the volume was determined: Visually asilmeted to be about 5 gallons per minute or 30 gallons per hour Weather conditions during SSO event: Clear sky, light winds, air tem arature ranged between 40 - 50 degrees Fahrenheit Did SSO reach surface waters? 0 Yes ❑No❑ Unknown Volume reaching surface waters (gallons): < 500 gallons Surface water name: NIEHS Lake Did the SSO result in a fish kill? ❑ Yes ❑✓ No ❑ Unknown If Yes, what is the estimated number of fish killed? -- SPECIFIC cause(s) of the SSO: ❑ Severe Natural Condition ❑ Grease ❑ Roots ❑ Inflow and Infiltration ❑ Pump Station Equipment Failure ❑ Power outage Vandalism ❑� Debris in line ❑ Other (Please explain in Part II) Immediate 24-hour verbal notification reported to: Mack Wiggins, NCDWQ, 919-791-4248 ❑✓ DWQ ❑ Emergency Mgmt. Date (mm-dd-yyyy): 02-07-2007 Time (hh:mm AMIPM): 1 i:oo am If an SSO is ongoing, please notify Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 gallons or more of untreated wastewater to surface waters shall issue a press release within 48-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the referenced statute for further detail. The Director, Division of Water Quality, may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was caused by severe natural conditions and there were no feasible alternatives to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis for the determination of any enforcement action. Therefore, it is important to be as complete as possible. WHETHER OR NOT PART II IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM. CS-SSO Form October 9, 2003 Page 1 • • oF.WA7p�: Form CS-SSO gA o. x Collection System Sanitary Sewer Overflow Reporting Form PART I ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTIONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I In the check boxes below, NA = Not Applicable and NE = Not Evaluated A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWQ REGIONAL OFFICE UNLESS IT HAS BEEN SUBMITTED ELECTRONICALLY THROUGH THE ONLINE REPORTING SYSTEM Severe Natural Condition (hurricane, tornado, etc.) Describe the "severe natural condition" in detail. How much advance warning did you have and what actions were taken in preparation for the event? Comments: Grease (Documentation such as cleaning, inspections, enforcement actions, past overflow reports, educational material and distribution date, etc. should be available upon request.) When was the last time this specific line (or wet well) was cleaned? Do you have an enforceable grease ordinance that requires new or retrofit of grease trapstinterceptors? Have there been recent inspections and/or enforcement actions taken on nearby restaurants or other nonresidential grease contributors? Explain. ❑Yelc No❑NA❑NE ❑Yes] No❑NAONE Have there been other SSOs or blockages in this area that were also caused by grease? Yes❑ NoD NA NE When? If yes, describe them: Have cleaning and inspections ever been increased at this location? ❑Yes❑ No [I NA ❑NE Explain. CS-SSO Form October 9, 2003 Page 2 • Have educational materials about grease been distributed in the past? When? and to whom? Explain? If the SSO occurred at a pump station, when was the wet well and pumps last checked for grease accumulation? ❑Yes❑ No❑NA❑NE Were the floats clean? ❑Yes❑ No ❑ NA ❑ NE Comments: The NIEHS plans to develop and distribute educational materials to the entire workforce via email and electronic newsletters. Roots Do you have an active root control program? Describe ❑Yes❑ No❑NA❑NE Have cleaning and inspections ever been increased at this location because of roots? 1:1Yes❑ No NA El NE Explain: What corrective actions have been accomplished at the SSO location (and surrounding system if associated with the SSO)? What corrective actions are planned at the SSO location to reduce root intrusion? Has the line been smoke tested or videoed within the past year? ❑Yes❑ No ❑ NA ❑ NE If Yes, when? Comments: The NIEHS plans to develop and distribute educational materials to the entire workforce via email and electronic newsletters. Inflow and Infiltration Are you under an SOC (Special Order by Consent) or do you have a schedule in any permit that ❑Yes❑ No ❑NA ❑NE addresses Ill? CS-SSO Form October 9, 2003 Page 3 Explain if Yes: What corrective actions have been taken to reduce or eliminate I & I related overflows at this spill location within the last year? Has there been any flow studies to determine III problems in the collection system at the SSO location? ❑Yes❑ No ❑NA ❑NE If Yes, when was the study completed and what actions did it recommend? Has the line been smoke tested or videoed within the past year? U Yes❑ No EINA [INE If Yes, when and indicate what actions are necessary and the status of such actions: Are there III related projects in your Capital Improvement Plan? Yes❑ No NA NE If Yes, explain: Have there been any grant or loan applications for III reduction projects? 11 Yes❑ No NA NE If Yes, explain: Do you suspect any major sources of inflow or cross connections with storm sewers? ❑Yes❑ No ❑NA (I NE If Yes, explain: Have all lines contacting surface waters in the SSO location and upstream been inspected recently? ❑Yes❑ No ❑NA [I NE If Yes, explain: What other corrective actions are planned to prevent future III related SSOs at this location? Comments: imp Station Equipment Failure oul be provided upon reauest.' What kind of notification/alarm systems are present? of testing, records etc. Auto-dialerltelemetry (one-way communication) ❑Yes CS-SSO Form October 9, 2003 Page 4 Audible 13yes Visual []Yes SCADA (two-way communication) ❑Yes Emergency Contact Signage ❑Yes Other ❑Yes Describe the equipment that failed? What kind of situations trigger an alarm condition at this station (i.e. pump failure, power failure, high water, etc.)? Were notification/alarm systems operable? 11 Ye50 No NA NE If no, explain: If a pump failed, when was the last maintenance and/or'inspection performed? What specifically was checked/maintained? If a valve failed, when was it last exercised? Were all pumps set to alternate? Did any pump show above normal run times prior to and during the SSO event? Were adequate spare parts on hand to fix the equipment (switch, fuse, valve, seal, etc.)? Was a spare or portable pump immediately available? If a float problem, when were the floats last tested? How? []Yes[-] No[INAONE ❑YesE]No ❑NA ❑NE ❑Yes❑ No❑NA❑NE ❑Yes❑ No❑NA❑NE If an auto -dialer or SCADA, when was the system last tested? How? Comments: CS-SSO Form October 9, 2003 page 5 Power outage Documentation of testing, records etc., should be provided of alternative power source upon request.) What is your alternate power or pumping source? Did it function properly? 11 Yes❑ No El NA ❑NE Describe? When was the alternate power or pumping source last tested under load? If caused by a weather event, how much advance warning did you have and what actions were taken to prepare for the event? Comments: The NIEHS plans to develop and distribute educational materials to the entire workforce via email and electronic newsletters. Vandalism Provide police report number: Was the site secured? ❑Yes❑ No[]NA❑NE If Vac hnu? Padlocked Control Panel f—I Have there been previous problems with vandalism at the SSO location? Yes❑ No NA NE If Yes, explain: What security measures have been put in place to prevent similar occurrences in the future? DY9.0 No❑NA ❑NE Comments: Debris in line (Rocks, sticks, rags and other items not allowed in the collection system, etc.) What type of debris has been found in the line? A small amount of paper towels, which may have contributed to the overflow, were found in the sanitary sewer line How could it have gotten there? The point of entry is unknown. The paper towels may have entered the sewer line via restroom disposal. Are manholes in the area secure and intact? AY,sU No NA NE CS-SSO Form October 9, 2003 Page 6 - LA - ,6 • When was the area last checked/cleaned? The area checked every work day Have cleaning and inspections ever been increased at this location due to previous problems with debris? ❑Yea+ t No ❑NA ❑NE Explain: This is an isolated event that Is not indicative of normal operations. Wastewater levels at this location will be monitored over the next few weeks to evaluate whether there ara indications of a redeveloping obstruction. The NIEH5 has applied hydrated lime around the split site and also plans to remove a small amount of soil from several muddy areas located downstream. Are appropriate educational materials being developed and distributed to prevent future similar ❑Yes❑ No ❑NA ❑NE occurrences? Comments: The NIEHS plans to develop and distribute educational materials to the entire workforce via email and electronic newsletters. Other (Pictures and a police report should be available upon request.) Describe: Were adequate equipment and resources available to fix the problem? ❑Yes❑ No ❑NA ❑ NE If Yes, explain: If the problem could not be immediately repaired, what actions were taken to lessen the impact of the SSO? Comments: For DWQ Use Only: DWQ Requested an Additional Written Report: If Yes, What Additional Information is Needed: Comments: ❑YeZ No ❑NA CINE CS-SSO Form October 9, 2003 Page 7 I si, 11 Ju" —7' As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the best of my knowledge. Person submitting claim: William K. Steinmetz Signature: �.C� >- Title: Telephone Number: 919-541-4234 Date: February 9, 2007 Environmental Compliance Specialist Any additional information desired to be submitted should be sent to the appropriate Division Regional Office within five days of first knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of this form is completed, if used). CS-SSO Form October 9, 2003 Page 8 DEPARTMENT' OF HWH & HUMAN SERVICES Public Health Service National Institutes of Health Natlonal Institute of Environmental Health Sciences P.O. Box 12233 Research Triangle Park, N.C. 27709 Websits: www.nieho.nih.gov March 19, 2007 Mack Wiggins NC Division of Water Quality Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Dear Mr. Wiggins: As per your request, the NIEHS has removed soil impacted by the sanitary sewer overflow that occurred on February 7, 2007. In addition, information about the sewer overflow and how to prevent future occurrences was distributed to all employees via an electronic newsletter and through email. A copy of the article published in our monthly electronic newsletter is attached for the record. Also, there have been no additional overflows since the initial event. Please let me know if you have any remaining questions concerning this incident. Attachment Sincerely William K. Steinmetz Environmental Compliance Specialist Laos 0 Z1W �li,��ji J � The OM Grapevine - March 2007 - NIS Page I of I. r' Sanitary Sewer Overflow on the NIEHS Campus Investigation of this incident indicates that inappropriate materials may have contributed to a sewer line blockage resulting in a minor overflow. The sanitary sewer system is designed for disposal of used water, human body waste, and toilet paper. Please remember that trash receptacles are provided in our restrooms and break areas for the disposal of solid waste materials such as paper towels, food scraps, and clothing. These items should not be flushed down the toilet or allowed to otherwise enter the sewer system. Wastewater discharged into the sanitary sewer system by the NIEHS is treated offsite at the Triangle Wastewater Treatment Plant, which is located near the intersection of T.W. Alexander Drive and NC Highway 55. Small scale pretreatment units operated onsite by the NIEHS include silver recovery units in the photo development labs and grease separation systems in the cafeteria. Our wastewater permit contains effluent limits for mercury, oil & grease, pH, and temperature along with monitoring requirements for numerous other pollutants. The NIEHS'discharged 46 million gallons of wastewater into the Durham County sanitary sewer system during calendar year 2006. Return Co Top http://www.niehs.nih.gov/grapevin/home.htm 3/I9/2007 State of North Carolina Department of Environment • and Natural Resources = f Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary NORTH CAROLINA NCDK"R, ENVIRONMENT AND NATU�ALrRE50URCEs Alan W. Klimek, P.E., DirectorZlk September 6, 2002 Z Mr. William Steinmetz �. Nat. Inst. Of Env, Health Sciences f, C f P.O. Box 12233 RTP, North Carolina 27709 Subject: Permit No. NCS000360 N.1.E.H.S. I I I TW Alexander Dr.' RTP (Durham County) Dear Mr. Steinmetz: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000360, 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). Please note that the Division has revised the analytical monitoring strategy for individual stormwater permits. Based on a review of the permit monitoring data received to date, the analytical monitoring measurement frequencies have been changed and cut-off concentrations have been removed. These changes will be implemented for all second term individual stormwater permits with analytical monitoring requirements. For those permits with analytical monitoring requirements, Part 13 - Monitoring, Controls, and Limitations for Permitted Discharges has been modified to reflect the change in monitoring strategy. The qualitative monitoring strategy remains the same as the first term of the permit. Please note that the semi-annual qualitative monitoring is a requirement of the 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 111, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part lll, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1Q9/. post -consumer paper 0 Mr. William Steinmetz 1 NCS000360 Page 2 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 gon+ernmental permit that May be required. \ If you have any questions concerning this permit, please contact Ms. Aisha Lau at telephone number 919/733-5083 ext. 578. cc: Mr. Roger O. Pfaff, EPA Raleigh Regional Office Stormwater and General Permits Unit Central Files Sincerely, t.�E�LiAN� C. iYtl►.l»� for Alan W. Klimek S W U 262-01 1001 NCS000360 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.I, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, National Institute of Environmental Health Sciences is hereby authorized to continue operation of oil/water separators and to discharge stormwater from a facility located at I I I T_W. Alexander Dr. Research Triangle Park, North Carolina Durham County to receiving waters designated as NIEHS Lake to Burdens Creek, class C NSW waters, in the Cape Fear 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 October 1, 2002. This permit and the authorization to discharge shall expire at midnight on September 30, 2007. Signed this day September 6, 2002. nr ��fv., �4Mit � J°l' PAM C, Vi1i_ Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Z jo Z Au'l I Ind =� W Y �_ 'w e"°`°y' r { '/ 0Ln _1 ! i 'u, .t "«. : ' }` J \f • �y �#i t ``'� �- 1 f`'ji•^ ti gr t^•. `4- �. �v� S ��-,�E ✓ ^x. '^1tayt r •ems G C G Yam` d f�- w` };J•1 1" �/ ••..r Y'I 4�l3 �.' ti �a `x� �l y� �'���-,,�,,�,,.s•. �a�,'.". �,.�� ti j G �'� :n a. l���`}}•• ,� '"{ -v5 .3� '�• � � l9 ti '' `�r1� ��F '.• w � .'" � :.y ��r'•1h, -�\ � 1,1•ya �4y. •��1 '{'•°��'•� ji•r� ��� {ri r E-t—'.T ji �4� ,- '� }If� 1���3'�'e� 11..+}'`. �, ,�[. SjF11.a •� • . �~}• y", ��\ , • i 'A°`' '~�' � '� 1 TIF^�j+-t r "0.Y(����isJ( '%`�'• I': 5 1 .i..t i l "1 .° i• -• ,per r �t ��4"}.:i L- 1��` L• 1. (j�.. 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Yrr O Jfi."�i. f�f:�,A �9s.Cy' '` •j7�,""°]: ...t //.}.• 4f +. Z:!y;,�R L,r Ai w si f r�i�i a-i�Uir• '�- 4 ��f.�� :' � tl •�•��i �y' .. 4 . E �+Et �_ -� "h .,. �` � #ate J�1^.� `ti �,�,_ `,,;. /� l -1 ��' �3j w \ 11i. 1 rim �> ♦ • � _ � (( � _ �. .. ".�':iu 1 1�. L L� w State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director September 6, 2002 Mr. William Steinmetz Nat. Inst. Of Env. Health Sciences P.O. Box 12233 RTP, North Carolina 27709 AIT4 0 02 .00 NCDENR NORTH CAROLINA (DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No. NCS000360 N.I. E. H. S. 1 l I TW Alexander Dr. RTP (Durham County) Dear Mr. Steinmetz: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000360, 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 A and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). Please note that the Division has revised the analytical monitoring strategy for individual stormwater permits. Based on a review of the permit monitoring data received to date, the analytical monitoring measurement frequencies have been changed and cut-off concentrations have been removed. These changes will be implemented for all second term individual stormwater permits with analytical monitoring requirements. For those permits with analytical monitoring requirements, Part IT - Monitoring, Controls, and Limitations for Permitted Discharges has been modified to reflect the change in monitoring strategy. The qualitative monitoring strategy remains the same as the first term of the permit. Please note that the semi-annual qualitative monitoring is a requirement of the 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 IH, Section A, Item 2 "Duty to Comply", item 9 "Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part [ll, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge_ 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733.5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Mr. William Steinmetz NCS000360 Page 2 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 concerning this permit, please contact Ms. Aisha Lau at telephone number 919/733-5083 ext. 578. Sincerely, AKE for Alan W. Klimek cc: Mr. Roger 4. Pfaff, EPA Raleigh Regional Office Stormwater and General Permits Unit Central Piles S W U 202-01 1001 NCS000360 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, National Institute of Environmental Health Sciences is hereby authorized to continue operation of oil/water separators and to discharge stormwater from a facility located at l I 1 T.W. Alexander Dr. Research Triangle Park, North Carolina Durham County to receiving waters designated as NIEHS Lake to Burdens Creek, class C NSW waters, in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V and VI hereof. This permit shall become effective October 1, 2002. This permit and the authorization to discharge shall expire at midnight on September 30, 2007. Signed this day September 6, 2002. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Z 3o Z aged I ljca c��goCrr� hIN N ry C)2od-4,w, ZMoa a, w C Ln N N C C N 4- co O w y � i K co P J DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service National Institutes of Health National Institute of Environmental Health Sciences August 7, 2001 I �� ' P.O. Box 12233 ,� ^n Research Triangle Park, N.C. 27709 P 1 3 t001 ; .. I Ms. Aisha H. Lau'.. NCDENR-Division of Water Quality ik r '�ri,} �r P.O. Box 29535 Raleigh, North Carolina 27626-0535 Dear Ms. Lau: Piease be advised that the containment area for the two 120,000 gallon #2 fuel oil storage tanks has been connected to the existing oil/water separator which previously served the underground storage tanks prior to their removal. As a result, the NIEHS currently operates three oil water separators on facility property. This additional oil water separator will be documented in the 2001 Stormwater Pollution Prevention Plan amendments and during the upcoming permit.renewal process. A potential change in the character of the existing stormwater discharge outfall monitoring point was discussed with you via this morning's telephone conversation. This change involves the introduction of additional paved surface area runoff into the stormwater drainage system prior to the outfall. As per your recommendation, the 2001 Stormwater Pollution Prevention Plan will also be updated to reflect this change. Please contact me at (919) 541-4234 if you have any questions concerning this matter. cc: Scott Merkle Sincerely �! William K. Steinmetz Environmental Compliance Specialist Health & Safety Branch `, Printed on Recycled Paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting STEVEN C.ARR NAT INST OF ENV HEALTH SCIENCE PO BOX 12233 RTP, NC 27709 Dear Permittee: Director December 3, 2001 1 •WA • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Nat Inst Of Env Health Science Permit Number NCS000360 Durham County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000360. This permit expires on June 30, 2002. North Carolina Administrative Coe (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that.your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information by January 15, 2002 in order to constitute a timely renewal filing. Failure to request renewal by January 15, 2001 may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Aisha Lau of the Stormwater and General Permits Unit at (919) 733-5083, ext. 578. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater andGeneralPermits-Unit Files-- , Raleigh Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper DEPARTMENT OF HEALTH & HUMAN SERVICES rJAN L December 30, 1999 - u 2D�0 u Ms.(,-'Aisha H. Lau'/ . Water Quality Section North Carolina Department and Natural Resources P.O.Box 29535 Raleigh, North Carolina 27626-0535 Dear Ms. Lau: of Environment, V Public Health Service National Institutes of Health National Institute at Environmental Health Sciences P.O. Box 12233 Research Triangle Park, N.C. 27709 Pursuant to Permit No. NCS000360, the NIEHS is submitting a report which includes data pertaining to stormwater sampling/analyses. This report refers to one stormwater sample taken on November 2, 1999 from an outfall adjacent to Building 108 (chemical storage building). Included are the following in this packet: 1) Chemical & Environmental Technology, Inc. analytic report 2) Chain of Custody form 3) Data logger speadsheet depicting precipitation data There are some changes that have occurred at the NIEHS that impact our stormwater program. First, the NIEHS officially closed down its hazardous waste treatment operation in Building 106 (incinerator building) on October 29, 1999. Outfall #1 had been established to sample stormwater related to this building. Since-Building_10.6-is-no longer--part--Qf-the---NI-EHS:" Tr.eatment.;_S torage ;and -Di spo s al "-operate i7on , a-stormwater-samp-l-e-waswri6t:collected-from-Outfa-l-1 #1R. Secondly, Building 108 has been completed and is the new chemical storage building. The old chemical storage:building,=(-Bui3ding_10:3_)=will not�be=used=totes.tore-hazardous=chemicals. The samel�e-.taken-for thzs report was-co.lyected=from�an_outfall= that -receives =rainwater-f-r-om the Bull`dzng_ f sparking-lot_and-the-associated=loading=dock=area. As you will note in the report, the COD reading for this sample was 49 mg/l, below the 120 mg/l threshold. The aluminum level registered at 6.17 mg/l, higher than the threshold of .375 mg/l . Wei=`heave-no en abler o-determine-the�sour ec of -phis -aluminum. The-pH�'for this sample measured in the field was 8.1 (between allowable limits), indicated on the Chain of Custody form. The pH for the stormwater sample was measured by a Cole -Palmer portable pH meter. The lab measurement for pH was 7.79 but the sample was out of 15 minute holding time. Lt is-our-understanding-next-year`-s-stormwater-sample-wi.11 have-to_be ana3yzed_for=only_alumnum. If this is not the case, please contact me. I hope you find this information helpful. If you have any questions please call me at 919-541-4234. Sincerely, Steve Carr Health and Safety Branch Enclosure