The URL can be used to link to this page

Home My WebLink AboutNCS000077_FINAL PERMIT_20150305STORMWATER-DIVISION-CODINGGSHEET� PERMIT NO. DOC TYPE X FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ )-ul st)l-y"S YYYY M M D D i 7- Central Files: APS , SWP 1 /2312015 Permit Number NCS000077 Permit Tracking Slip Program Category Status Project Type NPDES SW In draft Renewal Permit Type Version Permit Classification Stormmwater Discharge, Individual Individual Primary Reviewer Permit Contact Affiliation aana.taylor-Smith RECEIVED Coastal SWRule . MAR 0. 5 2015 Permitted Flow 0 CENTRAL FILES Facility DWR SECTION Facility Name Major[Minor Region Dow Coming Corporation Minor Winston-Salem Location Address County 2914 Patterson St Guilford Facility Contact Affiliation Greensboro NC 27407 Owner Owner Name Owner Type Dow Corning Corporation Non-Govemment Owner Affiliation Jake Fitzgerald Dates/Events 2914 Patterson St Greensboro NC 27407 Scheduled Orfg Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 8/31/1994 10/512011 9111/2014 f 9/28/2014 1 J��/'- 0 1,5 Q)1/2-Q1-5 ! l�+ 1Zgr Y Regulated Activities Requested /Received Events Stormwater (activities not covered) Region comments on draft requested 413112 Region comments on draft received RO staff report received 9111/14 RO staff report requested W10114, Outfall 1 Waterbody Name Streamindex Number Current Class Subbasln South Buffalo Creek 16-11-14-2 WS-V;NSW 03-OB-02 ,& h RESEW North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Jake Fitzgerald Dow Coming Corporation 2914 Patterson Street Greensboro, NC 27407 Dear Mr. Fitzgerald: Donald R. van der Vaarl Secretary January 27, 2015 Subject: Final NPDES Stormwater Permit Permit No. NCS000077 Dow Coming Corporation Guilford County In response to your renewal application for continued coverage under NPDES stormwater permit NCS000077, the Division of Energy, Mineral and Land Resources 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 U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The final permit contains no significant changes from the draft permit that was noticed on September 28, 2014. The monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please note that analytical and qualitative monitoring is required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering" and Item 10 "Penalties for Falsification of Reports" of your 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. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htto://I)ortal.nodenr.oro/web/Ir/ An Equal Opportunity 1 Affirmative Acton -Employer— 50% Recycled 1-10% Post Consumer Paper NCS000077 Page 2of2 Per the requirements of the Jordan Lake Nutrient Strategy Buffer Rule, all stormwater drainage to stream buffers, from portions of this site that have been constructed after August 11, 2009, must be discharged through a correctly designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 2B .0267. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP Manual, available at: http:l/portal.n_c(lenr.org/web/Ir/bmj2-manual. Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mineral and Land Resources, or permits required by the Division of Water Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions or comments concerning this permit, contact Julie Ventaloro at (919) 807- 6370 oriulie.ventaloro@ncdenr.gov. Sincerely, r for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Winston-Salem Regional Office, M. Gantt Stormwater Permitting Program Files Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303 DWR Central Files Attachments: Permit NCS000077 Blank DMR forms NCS000077 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSM 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, Dow Corning Corporation is hereby authorized to discharge stormwater from a facility located at Dow Corning Corporation 2914 Patterson Street Greensboro, NC Guilford County to receiving waters designated as unnamed tributary to South Buffalo Creek, a class WS-V, 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, III, and IV hereof. This permit shall become effective February 1, 2015. This permit and the authorization to discharge shall expire at midnight on January 31, 2019. Signed this day January 27, 2015. for Tracy E. Davis; RE., CPM, Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission r { Permit No. NCS000077 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS 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 S. 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 11. Onshore or Offshore Construction 12. Duty to Reapply 8 1 i Permit No. NCS000077 Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements 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 S. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges S. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS it Permit No. NCS000077 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually. 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 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 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 rF� �h,�.'.c`3� t wr•�..e",�/+yL� '�•'�"� }' �•, — .�F'i �}� "`I � - s�,17j--! �' i�tf��;��'�'I j..'�, = 4,1i ♦•AFT ♦ %y., 'Y 'l��l. - <9'3w1 : �a Sri "v`{ d� i?S ,fix [ s'' h f• ' e �dQ11�i1 .t qW;z �1?k1�� ''h• �� s��3i .jri ri�c`�"t`'+f y�sl i� ;,�,=��r ?SFr.• t i:.' '�.�• �� ` �fr0"�,1<;,,.i LL �� rr �� -�''•..g1� �.`-•1�4}. $fa t ��i'i4�c��C�i,i'tr :R'-NO / i ��"• i* try a' tr ��,Y ~ . ! •►�' ^{ -',T1C11 R4J�r'�1 t7�GI r/�,�1` 1 tJ • ', rl .41 �+r+, ..•'T? _'„�. ' 1 = "--• �r s`ai - �� r d '' E !! - ia.'„ ��t-::r.�,tr �-49` � � _ '-� i �`,>.,i•'C� �� /�� + !7�°^", ,,,r..� 1,�.i �_�i �;� ��. � � i� fit ��f ; ti`41�ai,'� .: yi +t'i4�i�w{rs rb�•10-1 �`� y'1,�.;•yAyr :��a:t' ,tr I j .'' 40, Dow Coming Corporation ,�•� �z �r ,Y� i r � Iv i >.. - 1 • • • irC•i,'r' Y�-�( r♦ _ } R'I�Ij�y_ S�L`,V -- 153 '4_. - r'S1P ;;11 _�y '�r—J- �I/'+t'Rv t •'.-Y-,�711��' ��' 1 .a 1y � y � Si* ; ��. 1� ,. � � � - rr. rt 4 _ � •` ,�} + �}�_Ciy.. �'' i+J Z±'__,_Fy,•„ � � _�3.rS y, f s�"i� -i r �� ,��'�.i�•�k•�•'��: ��+ a�`^r�" .r- .. 1 f � '+r".:� � --� Ti `l�C ` Rr�j�L r;�T�;;i -as.` }{'i s '" ��i '� h` �Y * (rl' 1 f ,y�w�t��- / 4 • 3"* f -r l '1Y 1, i tl, l�: y�_b�*,,(4 � 1Y 1 h ••�■7f �I �^� t1. r�ei,� F ' � r i '�L.ti-,iq.h 7 '__'!.'. I'' !^ f r..34Y�.-r+r � i�,�Cft 7�`+' � f�rrJrf.�i�.� �"�. •t i�xS-.i�4!orw .�4 !� ai:: J'tl• 1- X ^rcti►�_!> r � fit�ry�M Gf = l�!'- A(�-,� ;e �'• 1�j � `3 1 } TT'ssi P F...�:}d•• S.. i 1 5..,-k �- _ixl'r�%.":r�•3.i�•_�� f -ma�y.�, • ? r f i rr]{ t`�rs'y! _rr "�r 5 ,•. Z: j L'•i j 'rr'`+ty.r�{t,Ss• '� .Z' { �.. fr �u�� ,•.� rt � �e� +,. �"� �,: y�� '�1^�. �4 vas f•-rtri.� A.:+ u� . ' Ste. -� V^ .�,;y..�C•F;�rr*iTi:l �.?� r•;f V r ti ,. ,'.�■ ,�r3'h•.'1 Mdr.' " S Y'r: ti � - . � �r.y s+,h k � ti+ rxS.g1G' i J r � rI. .�y -i�`''j+ Y't7tit� f ,r•: �. i, - t �1 �r r rut"�J''"•{r�'��1i�i...�"j.rtj"'T`•:�,� i ':t�"�--+�:1::r" �' i 1 7.>_ + `� i3G� .. s w i i •4' j;+};'.Y,j yK�(�na -ltf✓.�.Xy. +ri4."=!• ��1i^��Y �� F y} ��i .. ', a�'r -r 'I • +a•�l .�r"Yi �a _ i .S. ~'r'i T _� . i �I �+ ��•1-�i�Y�io7 *�".1`�--.'��,'� �y��'c`,Y �"S5'�r,� fi"�4�.-(a�,�t'i{.- ;♦ , f-� }c,. '� t�'"a��" • ;''�"r"^�`Yp' wn rf •t�"'""H'+;f•]t rk.vlrl..,�j. •r Rr r i. �1�j L-�u �. i•i .� i� 4S "• ti.,� -+,� `'� �'-r-"'41 #'�»r`+• �,b"�'tf`� r s t�r•"�� , .r''�='� �. E S+ N. �•"�� t �1 «{a{{ saa � ,.�y�F1`. ��"X # Y l�jl' �'=r � � �4�' -. 'f� �_ � �-i r' •`r . 'n: •i'i�L1Y �•/<`M= 7'� i �' f- •1,� } a -rig, 8• <. f^T�_' i _�, f r:r, rs r -�- 't t ±. + _ i 's .. e5 x-`€ ' n y.:t '{�,,,,, ; � � -• Z. e ti. 42 4�'� y r, 41 �.r`ir er c,� 1�°ea•ArrF L� Y r�r •'_ ,, _ A('}_A1�11 �•��,,' , rd ,� i��k��' ";sir ; i' " rr y�.t� t 1jy;�■ �` i s'• r y � err ''' r �� ` �+- r r r "' � �� z,o�"r r �y�.�... _ �+.• } = �� ..'¢ �r _ .�.� t ;F��r� � �' ��` x! `t',y� i c`"�1 - AA .,5-*Y..- ��,� �.`-.:z 1r�`_ '-•�'� ' ' ` Dow Corning Corporation Permit No. NCS000077 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part III, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The'Site Overview 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 waters to which the stormwater outfalls discharge, 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 points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters 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 that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: 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 and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part l I Page 1 of 12 Permit No. NCS000077 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually 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 Ili, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, 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 rainfall and run-on flows. 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, this review shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substancesin order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. if the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). 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 (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) 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 on data collected through monitoring of stormwater discharges. The BMP Summary shall include a Part II Page 2 of 12 Permit No. NCS000077 written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated. annually. 3. SpiIl Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified 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 on -site at all times during facility operations that have increased 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 and implemented. The program shall address all stormwater control systems (if applicable), 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, loading 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 where not already addressed under another element of the SPPP. 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 be recorded and maintained in the SPPP. S. 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 at the outfalls required in Part 11 B, C, and D of this permit. 6. 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 stormwater runoff. The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. Part II Page 3 of 12 Permit No. NCS000077 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list ofsignif►cantspills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison ofsample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response. status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See'Monitoring Forms' here: httl2:llportal.ncdenr.orgf web/lr/npdes-stormwater). The Director may notify the permittee when the SPPP 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 SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, 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 five (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part II Page 4 of 12 Permit No. NCS000077 - 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 measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See Def►nitions. Table 1. Analytical MonitoringRe uirements Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 Total Suspended Solids (TSS) m L semi-annual Grab SDO H standard semi-annual Grab SDO Nitrogen, Total m L semi-annual Grab SDO Phosphorus, Total m L semi-annual Grab SDO Total Rainfa114 inches semi-annual Rain Gauge - Fogttnotes: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this. permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. 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. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part 11I, Section E). However, for purposes Part 11 Page 5 of 12 Permit No. NCS000077 of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Table 2. Monitoring Schedule Monitoring periodi,z Sample Number Start End Year 1- Period 1 1 February 1, 2015 June 30, 2015 Year 1- Period 2 2 July 1, 2015 December 31, 2015 Year 2 - Period 1 3 January 1, 2016 June 30, 2016 Year 2 - Period 2 4 July 1, 2016 December 31, 2016 Year 3 - Period 1 5 January 1, 2017 June 30, 2017 Year 3 - Period 2 6 July 1, 2017 December 31, 2017 Year 4 - Period 1 7 January 1, 2018 June 30, 2018 Year 4 - Period 2 8 July 1, 2018 January 31, 2019 Footnotes: 1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. The permittee shall compare monitoring results to the benchmark values in Table 3. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Part II Page 6 of 12 Permit No. NCS000077 Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids (TSS) mg/L 100 pH standard 6-9 Nitrogen, Total mg/L 30 Phosphorus, Total mg/L 2 The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Tier One If. The first valid sampling results are above a benchmark value, or outside of the benchmark range, for anv parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. S. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response. Tier Two If: 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 and reporting for all parameters. The permittee shall conduct monthly monitoring 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 benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No HoW to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. 5. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Part II Page 7 of 12 Permit No. NCS000077 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 DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results; Then: The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations through the permit renewal process. This site discharges to impaired waters experiencing problems with Aquatic Life and Ecological/Biological Integrity. If a Total Maximum Daily Load (TMDL) is approved for this segment of South Buffalo Creek, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division. 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 Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually as specified in Table 4, and during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). Part 11 Page 8 of 12 Permit No. NCS000077 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 Frequencyi Monitoring, Location2 Color semi-annual SDO Odor semi-annual SDO Clari 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 Monitoring Frequency: Twice per year during a mieasureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Part II Page 9 of 12 Permit No. NCS000077 Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities that 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. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 Non -Polar Oil &Grease by EPA Method1664SGT-HEM mg/L semi-annual Grab SDO Total Suspended Solids m L semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain gauge New Motor Oil Usage gallons/month I semi-annual Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of the permit prompt monthly sampling), until either another permit is issued for this facility or until this permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. Part Il Page 10 of 12 Permit No. NCS000077 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain guage may be substituted for an on -site reading. Failure. to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part 11 Section B. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances 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 I1 Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark Non -Polar Oil & Grease by EPA Method1664 (SGT-HEM) mg/L 15 Total Suspended Solids mg/L 100 TSS (HQW, ORW, Tr, and PNA) mg/L 50 Part II Page 11 of 12 0 Permit No. NCS000077 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1, Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities 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 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.411. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Part III Page 1 of 9 Permit No. NCS000077 d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day`of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c) (3)(B) (iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $177,500 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)). 3. Du1y tQ M't' gate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil andC[iminaWabifi Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this 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 [40 CFR 122.41(g)). Part III Page 2 of 9 Permit No. NCS000077 Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 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 permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411. 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 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 [40 CFR 122.41]. 11. Onshoref h This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS I. Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. 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. - Part III Page 3 of 9 Permit No. NCS000077 Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a'minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Signa: tory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22]. Part III Page 4 of 9 Permit No. NCS000077 d. Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering 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 forsubmitting false information, including the possibility of fines and imprisonment for knowing violations." e. Electronic Reports. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person as described in paragraph b. A person, and not a position, must be delegated signatory authority for eDMR or other electronic reporting purposes. The Permit Issuing Authority may require the permittee to begin reporting monitoring data _ electronically during the term of this permit. The permittee may be required to use North Carolina's Electronic Discharge Monitoring Report (eDMR) internet application for that purpose. For eDMR submissions, the person signing and submitting the eDMR must obtain an eDMR user account and login credentials to access the eDMR system. 4. Permit Modification. Revocation and Reissuance, or Terminatign The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. S. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 6. Annual -Administering and Compliance -Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely mariner in accordance with 15A NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit. 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 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 permit [40 CFR 122.41(e)]. 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 permit [40 CFR 122.41(c)]. PartIII Page 5 of 9 Permit No. NCS000077 Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry 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 111, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Rtprgsentative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this 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. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Part Ill Page 6 of 9 Permit No. NCS000077 S. RepresentativC Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report submissions, o copies of all data used to complete the application for this permit These records or copies shall be maintained 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 [40 CFR 122.411. 7. Inspection and Entev The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)], SECTION E: REPORTING REQUIREMENTS r 1. Discharge Monitoring e� Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (httl2:/lportal.ncdenr.org/web/lr/nodes-stormwater). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. Part III Page 7 of 9 Permit No. NCS000077 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 specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR. 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. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. 2. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit The permittee may be required to use North Carolina's eDMR internet application for that purpose. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the address above. 3. Availability_ of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division..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 143-215.68 or in Section 309 of the Federal Act. 4. Non-Stormwaterr Discharges If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. S. 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 [40 CFR 122.41(I)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Antifipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. Part III Page 8 of 9 Permit No. NCS000077 S. The permittee shall report to the local DEM LR Regional Office, within 24 hours, all significant spills as defined in Part IV 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. Notice [40 CFR 122.41(m)(3)]: 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 effect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 9. 'Ewen -four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other Noncompliance ' The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted (40 CFR 122.41(1)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Part III Page 9 of 9 NCS000077 PART IV DEFINITIONS AU See Clean Water Act Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. However, non-stormwater discharges which shall be allowed in the stormwater conveyance system include: 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, or emergency shower or eye wash as a result of use in the event of an emergency. 4. Best Management Practices (BMPsj 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: httI11111W b-cpa.gov/np des jstormwater/menuofbmRs%index.cfm. 5.Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, intermediate products, 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. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural Resources. Part IV Page 1 of 4 Permit No. NCS000077 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 11. EC The North Carolina Environmental Management Commission. 12. Qrah Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal Separate Storm Sewer System (MS4) A storm water,collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR 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). 18. Notice Qf Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit 19. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No. NCS000077 22. 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 Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Se,, oe ndary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 24. Section 313 Water Priority Chemical A chemical or chemical category which: b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; c. Is present at or above threshold levels at a facility subject to SARA title 111, Section 313 reporting .requirements; and d. Meets at least one of the following criteria: i. Is listed in appendix D of 40 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); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe PropeM Damage 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. 26. Significant MgtCrials 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. 27. 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 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4), 28. Stormwater Discharge Outfall (SDQ.) 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. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part IV Page 3 of 4 Pages Permit No. NCS000077 30. 5tormwater Associated with Industrial Actjyity 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. 31. 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. 32. Total Maximum D 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 1. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34, Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible SCdimei3tation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25-year. 24 hour Storm gent The maximum 24=hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part 1V Page 4 of 4 Pages AmT �A : NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvarla, III, Secretary DATE: September 18, 2014 TO: [RECIPIENT] EMAIL: [E-MAIL] FROM: Aana Taylor -Smith, DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES SUBJECT: PUBLIC NOTICE PAGES: 1 Please publish only the information (Public Notice) attached, ONE TIME in the legal section of your paper by Wednesday, October 1, 2014. Please fax a copy of the proof to (919) 807-6494 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Bethany Georgoulias NCDENR/DEMLR Stormwater Permitting Program 1612 Mail Service Center Raleigh, NC 27699-1617 NC DIV. OF ENERGY, MINERAL, AND LAND RESOURCES' INTENT TO ISSUE A STORMWATER DISCHARGE PERMIT Public comment or objection to the draft permits is invited. Submit written comments to DWQ at the address below. All comments received prior to November 1, 2014 will be considered in the final determination regarding permits issuance and permit provisions. Application: Dow Corning Corporation, 2914 Patterson Street, Greensboro, NC 27407 has applied for an NPDES permit to discharge stormwater from an industrial facility at: Dow Corning Corporation, 2914 Patterson Street, Greensboro, NC, Guilford County. The facility discharges to an unnamed tributary to South Buffalo Creek in the Cape Fear River Basin. A copy of the draft permit, NCS000077, is available at: http://portal.ncdenr.org/web/ir/public-notices. Additional permit documents are available for the reproduction cost at: DEMLR Stormwater Permitting Program 512 N. Salisbury Street (location, zip 27604) 1612 Mail Service Center (mail) Raleigh, NC 27699-1617 Stormwater Permitting Contact: Bethany Georgoulias (919) 807-6372 bethany.georgoulias@ncdenr.gov 1612 Mail Service Center, Raleigh, North Carolina612 -Telephone - 91 9-707-92201-FAX--919=733-2876 -512 North -Salisbury Street, -Raleigh; 196rthCarolina 27604 • Internet: http:IlportaLncdenr.orglwebllr/land-qualit y An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper NCS000077 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES 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 11 lawful standards and regulations promulgated an{dadopted by -the North Carolina Environmental Management Commission, and the,Federal Water Pollution Control Act, as amended, ,--\ Dow <Cornin"C rporation is hereby authorized to d�schar�ge stormwater from a facility located at 6CDlCorning Corporation 914 Patterson Street Greensboro, NC Guilford County to receiving waters designated as an unnamed tributary to South Buffalo Creek, a class WS- V, 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, and IV hereof. Note: Draft Permit Dates are Approximate This permit shall become effective December 1, 2014. This permit and the authorization to discharge shall expire at midnight on November 30, 2019. Signed this day November 14, 2014. for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NCS000077 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS -FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan/ v Section B: Analytical Monitoring Requi.ements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Mainten ce _MoMitoring Requirements M PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance.and�Li" ability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. 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 11. Onshore or Offshore Construction 12. Duty to Reapply I Permit No. NCS000077 Section B: General Conditions Section C 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination S. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements Operation and Maintenance of Polluti nC Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a -Defense �/ 3. Bypassing of Stormwater Gontrol.Facilities Section D: Monitoring and Records Z / 1. Representative Sampling 2. Recording Results 3. Flow Measurements edure v 4. Test Pr co 5. Representative Outfall 6. Records -Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS M Permit No. NCS000077 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to the Division; must receive approval by the Division;; must maintain exposure conditions unless authorized to discharge under a valid NPDES-stormwater permit; and must recertify the No Exposure Exclusion annually. >\ \ SECTION B: PERMITTED ACTIVITIES Until this permit expires or is m-odified`or rdvoked, the permittee is authorized to discharge stormwater to the surface waters of North,Carolina or separate storm sewer system that has been adequately treated a4managed�in accordance with the terms and conditions of this permit. All stormwater discharges shall be in accordance with the conditions of this permit. 0 4 )1 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 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 1 of 2 Permit No. NCS000077 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public. information in accordance with Part III, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a descriltion of the physical facility and the potential pollutant sources that may be expe/q ed, o contribute to contamination of stormwater discharges. The Site Overview -shall contain the following: (a) A general location map (USGS quadrangle:map orappropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface >>. by waters; the name of the receiving waters to,,which the stormwater outfalls discharge, or if the discharge is to a"municipal separate storm sewer system, the name of the municipality and thefultimate-receiving waters; and accurate latitude and longitude of the points,of stormwater discharge associated with industrial activity. The general location,map (or alternatively the site map) shall identify whether any receiving/waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in�a watershed for which a TMDL has been established, and w[hatt the parameters 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 that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: 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 and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part II Page 1 of 12 Permit No. NCS000077 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually 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 B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, 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 tb eliminate or reduce exposure of materials and processes to rainfall and run on-flows\W_herever practical, the permittee shall prevent exposure of all storage areasmaterial handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, this review shall document -the feasibility of diverting the stormwater run-on away from areas of potential contamination. b Secondary Containment Re uireine s an"d Records. Secondary containment is required for: bulk storag"e.of9auii'd materials; storage in any amount of Section 313 of Title III of the SuperfunAniendments and Reauthorization Act (SARA) water priority chemicals; and storage,in any amount of hazardous substances, in order to prevent leaks and spills from�contaminating stormwater runoff. A table or summary of all such tanks and/stored materials and their associated secondary containment areas shall be mainta ned.4 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 be secured closed with a locking mechanism). 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 (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) 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 on data collected through monitoring of stormwater discharges. The BMP Summary shall include a Part Ii Page 2 of 12 Permit No. NCS000077 written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified 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 on -site at all times during facility operations that have increased 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 sufficienOto completely address the stormwater aspects of the SPRP. The common elemenMof the SPCC with the SPRP may be incorporated by reference into the SPRP. Ir %/\ \\,� 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping progr m-shall,tdeveloped and implemented. The program shall address all stormwatercontrol,systems (if applicable), stormwater discharge outfalls, all on -site and adjacentu surfarimce-waters and wetlands, industrial activity areas (including material storage areas material handling areas, disposal areas, process areas, loading and unloading�areas,.aad haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, �a�nd-ho seR eeping activities of stormwater control systems, as well as facility equipment, facility/areas, and facility systems that present a potential for stormwater exposureor stormwater pollution where not already addressed under another element of theSPRP.Anspection 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 be recorded and maintained in the SPPP. 5. 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 at the outfalls required in Part 1I B, C, and D of this permit. 6. 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 stormwater runoff. The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. Part EI Page 3 of 12 Permit No. NCS000077 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills,have occurred (element of the Site Overview); �r/ (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges,(element of the Site Overview); (c) a documented re-evaluation of the -effectiveness of the on -site stormwater BMPs (BMP Summary element, tithe Stormwater Management Strategy). (d) a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, nclud ng a discussion about Tiered Response status. The permittee `hallse the'Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website_(See -Monitoring Forms' here: http://portal.ncdenr.org/web/lr/nodes-stormwater). The Director may noti � he_ erm)ttee when the SPPP 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 SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all -monitoring, measurements, 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 five (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part II Page 4 of 12 Permit No. NCS000077 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 measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See Definitions. Table 1. Analytical Monitoring Requirements / ll Discharge Measurement Sample Sample Characteristics Units Fre uenc 1 Type2 Location3 Total Suspended Solids TSS) m L 1�sem` annual Grab SDO H standard, Nserm-annual Grab SDO Nitrogen, Total mg L// semi-annual Grab SDO Phosphorus, Total Zm ff _ semi-annual Grab SDO Total Rainfall4 V .\ L/ Rain - semi-annual \n�es Gauge Footnotes: 1 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded''If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. 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. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part [[[, Section E). However, for purposes Part II Page 5 of 12 Permit No. NCS000077 of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Table 2. Monitoring Schedule Monitoring periodl,z Sample Number Start End Year 1- Period 1 1 December 1,-2014 June 30, 2015 Year 1 - Period 2 2 July 1, 2015 December 31, 2015 Year 2 - Period 1 3 January 1, 2016 June 30, 2016 Year 2 - Period 2 4 July 1, 2016 December 31, 2016 Year 3 - Period 1 5 January 1, 2017 June 30, 2017 Year 3 - Period 2 6 July 1, 2017 December 31, 2017 Year 4 - Period 1 7 January 1, 2018 June 30, 2018 Year 4 - Period 2 8 Jul' ,,1,NT8 November 30, 2018 Footnotes: 1 Maintain semi-annual monitoring until either ant permit is revoked or rescinded. The permittee m before the submittal deadline (180 days before,e: under the permit. The permittee must continue r renewal process, even if a renewal permi is� nori 2 If no discharge occurs during the sampling perioc indicating "No Flow" or "No Discharge -within 30"Y\\\> — ((-e \1Y ier permit is issued for this facility or until this ttsubmi[ an application for renewal of coverage iration),to be considered for renewed coverage alyt cial monitoring throughout the permit ued until after expiration of this permit. L9 permittee must submit a monitoring report ays of the end of the sampling period. Failure to monitor semi-annually pdr permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring per` d.does not constitute failure to monitor, as long as it is properly recorded and reported The permittee shall compare monitoring results to the benchmark values in Table 3. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or'duration. Part I l Page 6 of 12 Permit No. NCS000077 Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids (TSS) mg/L 100 pH standard 6-9 Nitrogen, Total mg/L 30 Phosphorus, Total mg/L Z The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: l 1. Conduct a stormwater management inspection ofthe facility within two weeks of receiving sampling results. �� 2. Identify and evaluate possible,causes of the_benchmark value exceedance. 3. Identify potential, and select the�specificffeasible: source controls, operational controls, or physical improvements to reduce concentrations�f the parameters of concern, and/or to bring concentrations within the,benchmark'range. 4. Implement the selected/feasible actions within two months of the inspection. S. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the ,inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter separates trigger a tiered response. Tier Two If: 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 and reporting for all parameters. The permittee shall conduct monthly monitoring 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 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. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. S. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Part II Page 7 of 12 Permit No. NCS000077 Tier Three 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 DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results: Then: The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to•qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations throughhe permit renewal process. This site discharges to impaired waters experiencing•problems with Aquatic Life and Ecological/Biological Integrity. If a Total Maximum Daily Load (TMDL) is approved for this segment of South Buffalo Creek, the permitteemay be required to monitor for the pollutant(s) of concern in the future ands submit restilts to the Division. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to�Re6aximum extent practicable. If additional BMPs are needed to.ac\\tihe required level of control, the permittee will be required to (1) develop a strategy foriimplementing appropriate BMPs, and (2) submit a timetable for incorporation �of t��BMPs into the Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually as specified in Table 4, and during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). Part Ii Page 8 of 12 Permit No. NCS000077 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 Frequency) 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 //. 2„ semi-annual\ SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall ,s m annual SDO Other obvious indicators of stormwater pollution 'semi-annual // ),—/ SDO Footnotes: \ /V f Y 1 Monitoring Frequency: Twice perry ar�uring\\\a.measureable storm event unless other provisions of this permit prompt monthly monitoring':�See Table 2 for schedule of monitoring periods through the end of this permitting cycle. The permittee—must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representati�vJ u all status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as port of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Part 11 Page 9 of 12 Permit No. NCS000077 Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downkfeam monitoring to characterize impacts on receiving waters; or /� ��\ • require the permittee implement site modifications to qualifyfor a No Exposure Exclusion. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities that have any vehicle.maintenannnce activUity occurring on -site which uses more than 55 gaIlons of new motor•oil'peer-month when averaged over the calendar year shall perform analytical monitoring as,speci'fied below in Table S. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discha'r`-ge stormwater runofffrom vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Table 5. Analytical Monitoriniz Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 Non -Polar Oil &Grease by EPA Method1664SGT-HEM mg/L semi-annual Grab SDO Total Suspended Solids m L semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usage gallons/month semi-annual Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of the permit prompt monthly sampling), until either another permit is issued for this facility or until this permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 1 Page 10 of 1 Permit No. NCS000077 z Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain guage may be substituted for an on -site reading. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part II Section B. n Monitoring results shall be compared to the benchmark valt` 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). Exceedances 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 Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark Non -Polar Oil & Grease by % � EPA Method1664 (SGT-HEM) / mg/L 15 Total Suspended Solids mg/L 100 TSS (HQW, ORW, Tr, and PNA)� mg/L 50 Part II Page l l of 12 Permit No. NCS000077 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities 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 II, 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: The'St rmwater Pollution Prevention Plan shall be developed and implemented prior to the beginnmg.of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial'activity. Existing facilities previously permitted and-a�p�lying .for renewal: All requirements, conditions, limitations, and controls contained in this permit`(except new SPPP elements in this permit renewal) shall become effective immediately upon'issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit, renewal- hall be developed and implemented within 6 months of the effective datgf this permit and -updated thereafter on an annual basis. Secondary containment, as specified in Part II�,Parag ar ph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from�the operation of the industrial activity. 2. Duty to Comply �� %J " The permittee must comply with,all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act(CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.411. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.41]. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 40S of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Part Ill Page 1 of 9 Permit No. NCS000077 d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308,318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii)�of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a•fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or sub(sequen�t'convic`tionsf[40 CFR 122.41(a)(2)]. f. Under state ]aw, a civil penalty of not more than $25,0 p\ io a n may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 443-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 ofthis Act, orVa—ny permit condition or limitation implementing any of such sections in a permit -issued under section 402 of this Act. Administrative penalties f r Class I violations are not to exceed $16,000 per violation, with the maximum amount of anyClass I penalty,assessed not to exceed $37,500. Penalties for Class II violations are not to exceed'.$16 000�per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. Duty to Mitigate The permittee shall take all -reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, 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 permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Property Rights The issuance of this 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 [40 CFR 122.41(g)]. Part III Page 2 of 9 Permit No. NCS000077 Severabilitv The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 9. Penalties for Tamoerin 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 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, punish�mentis a Fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person•wh knowing nowingly makes any false statement, representation, or certification in any record�r! ther,document submitted or required to be maintained under this 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,\e than two years'per violation, or by both [40 CFR 122.41]. 11. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply If the permittee wishes to'coZn activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shalt not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. 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. Part III Page 3 of 9 Permit No. NCS000077 2. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA 140 CFR 122.41(1)(3), 122.61] or state statute. 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 Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows; (1) For a corporation: by a responsible corporate officer. Fo the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making(functions for`the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment N. recommendations, and initiating and.directing-other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems,a�e established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. \\ (2) For a partnership or sole\\torship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, f deral, or other public agency: by either a principal executive officer or ranking elected,official [40 CFR 122.221. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above, (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.), and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22]. Part III Page 4 of 9 Permit No. NCS000077 4. d. Certification, Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering 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. " e. Electronic Reports. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person as described in paragraph b. A person, and not a position, must be delegated signatory authority for eDMR or other electronic reporting purposes. The Permit Issuing Authority may require the permittee ;begin reporting monitoring data electronically during the term of this permit. The,permittee may beTequired to use North Carolina's Electronic Discharge Monitoring Report (eDMR)'inteernet application for that purpose. For eDMR submissions, the person signing and 'submitting the-eDMR must obtain an eDMR user account and login credentials to access the eDMR system. The issuance of this permit does not prohibit thePer'mit,lssuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained'in�i'itle 40,-Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et��,w 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(0]. 6. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this 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 permit [40 CFR 122.41(e)]. 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 permit [40 CFR 122.41(c)]. II Page 5 of 9 Permit No. NCS000077 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical,sampling shall be performed during a measureable storm event. Samples shall be taken on a day and-tim\fttha� is characteristic of the discharge. All samples shall be taken before the discharge,join for is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in/this permit shall not be changed without notification to and approval of the Permit Issuiing,uthority [40 CFR 122.41(j)]. V�2. Recording Results For each measurement or sample`aken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 122.411: a. The date, exact pla cc, d timeof sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this 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. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Part III Page 6 of 9 Permit No. NCS000077 Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including -Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report sub�missions� o copies of all data used to complete the appliccation,for this s permit These records or copies shall be maintained for a pe�OS'at least 5 years from the date of the sample, measurement, report or application. This•period, ay;be extended by request of the Director at any time [40 CFR 122.41]. Z,)_ \_� Inspection and Entry / J /( f� 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}maybe required by law, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records mu` b pt under the conditions of this permit; b. Have access to and copy, -at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (http:/IpQrtal ncdenr.org/web/ir/npdes-stormwater). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. —Part I[I—Page 7 bf October 4, 2011 Mr. Bradley Bennett, Supervisor D Stormwater and General Permits Unit NCDENR 1617 Mail Service Center OCT Raleigh, NC 27600-1617 AFHR � 20r� �7S,4�ypSr AQL►" Dear Mr. Bennett: ftf;OMWCO The Dow Corning Greensboro site has completed the application and supplemental information required for the renewal of the NPDES Stormwater permit NCS000077. This information includes a signed certified renewal application form, current maps from the Stormwater Pollution Prevention Plan, a summary of the analytical and visual monitoring results, description of significant changes and a summary of the best management practices. If you should have any questions or concerns, please contact Ronica Edgerton (336)547- 7120. Sincerely, DOW CORNING CORPORATION Pamela Berry Site Manager of+MAT4 Permit Coverage °r Renewal Application Form Y National Pollutant Discharge Elimination System Permit Number Stormwater Discharge Permit NCS000077 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information Owner I Organization Name: Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: * Reissued Permit will be mailed to the owner address Dow Corning Corporation Ms. Jane Waldorn 2914 Patterson St Greensboro, NC 27407 (336)547-7202 Facility/Permit Contact Information Facility Name: Dow Corning Corporation Facility Physical Address: 2914 Patterson St Greensboro, NC 27407 Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Discharge Information Receiving Stream South Buffalo Creek Stream Class: WS-V;NSW Basin. Cape Fear River Basin Sub -Basin: 03-06-02 Number of Outfalls: M1 1 E f s/ r Impaired Waters[[MDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? 0 Yes d No 0 Don't Know ( for information on these waters refer to http:11h2o.enr.state.nc.uslsullmpaired Waters TMDL/ J EV05 CERTIFICATION ~ 5 2011 DEN WATER QUALITY I certify that I am familiar with the information contained in the application and that to the beK, belief such information is true, complete and accurate. �} n Signature Date iJL l " �eYoLU r far G o Ct Print or type name of person signi g above Title Please return this completed renewal application form to: Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail service Center Raleigh, North Carolina 27599-1617 Dow Corning Corporation Greensboro, North Carolina Stormwater Permit NCS000077 Qualitative Monitoring Results 6/29/2007 Parameters Outfall #2 Outfall #3 Outfall #4 Outfall #5 Color OK OK OK OK Odor OK OK OK OK Clarity OK OK OK OK Floating Solids OK OK OK OK Suspended Solids OK OK OK OK Foam OK OK OK OK Oil Sheen OK OK OK OK Other None None None None Note: Outfall #1 N/A due to Outfall #2 being representative of Outfall #1 5/12/2011 1. Outfall Description Outfall #1 Outfall #2 Outfall #3 Outfall #4 Outfall #5 Structure Pipe Pipe Pipe Pipe Pipe Receiving Stream Buffalo Creek Buffalo Creek Buffalo Creek Buffalo Creek Buffalo Creek Industrial activity description that occur within the outfall drainage area: Warehouse, maintenance shop, adjacent neighbor Warehouse, Office Warehouse, Office, truck traffic Warehouse, truck traffic Chemical Manufacturing, truck loading 2. Color Clear Clear Clear Clear Clear 3.Odor None None None None None 4.Clarity 1 1 1 1 1 S. Floating Solids 1 1 1 1 1 6. Suspended Solids 1 1 1 1 1 7. Is there any foam in stormwater discharge No No No No No 8. is there an oil sheen in stormwater discharge No No No No No 9. Evidence of erosion or deposition at the outfall? No No No No No 10. Other None None None None None Additional Visual Monitioring was conducted on; 11/13/2007, 6/30/2008, 11/21/2008, 6/30/2009, 5/12/2011 Outfall #1 in 2011 was monitored due to the warehouse addition to Building 2. Dow Corning Corporation Greensboro, North Carolina 5tormwater Permit NC5000077 Quantitative Monitoring Results 5/12/2011 Parameters Units Outfall #1 Outfall #2 Outfall #3 Outfall #4 Outfall #5 Total Rainfall inches 0.3 03 0.3 0.3 0.3 Total Suspended Solids mg/L 14 6.7 8.3 ND ND Total Nitrogen mg/L 8.7 1.1 2.9 2.5 0.64 Total Phosphorus mg/L 0.2 0.052 ND ND ND Note: The Dow Corning Facility documented issues in the past with obtaining outfall samples. This was discussed during an Compliance Evaluation inspection conducted on September 21, 2010. Please see the attached document. Dow Corning Corporation Greensboro, North Carolina Stormwater Permit NCS000077 Best Management Practices September 2011 Best Management Practices (BMPs) Best management (BMPs) includes proper equipment design and operation, manufacturing and material handling procedures, structural controls and landscaping. practices. • Spill Containment Structures: Containment structures are constructed of concrete and concrete block. All containment structures are sized to hold the contents of the largest tank in addition to accumulated rainwater. Each containment structure has the maximum level for rainwater clearly marked such that the structure will still hold the contents of the largest storage tank. • Drainage from Containment Areas: All containment areas have manually operated valves or pumps, which remain closed and locked when not in operation. Drain valves are on/off type — no flapper type valves are used. Accumulated stormwater is inspected and inspection results are documented before stormwater is released. Only trained personnel may inspect and release stormwater. • Storage Tank Design and Installation: All storage tanks are constructed of materials compatible with material stored and operating pressure and temperature. All storage tanks have concrete secondary containment structures. All bulk storage tanks have high level interlocks that will stop material transfer when tripped. • Material Loading/Unloading.: All bulk material handling is performed in spill -contained areas. Standard Operating Procedures are required for all bulk material handling operations and checklists are used for each transfer. Only trained personnel are permitted to load or unload material. • Preventative Maintenance: The Site's preventative maintenance program includes inspections of bulk storage tanks, loading stations, transfer piping, spill containment structures, high level alarms, critical process equipment and instrumentation. • inspections: The site's Environmental, Health and Safety team conduct monthly inspections of the stormwater outfall as well as semi-annual inspections for the qualitative monitoring requirement. • Personnel Training and Instruction: All process operators receive basic environmental awareness and safety training before beginning specific process training. A qualified operator must train all process operators before they are allowed to operate any process alone. Corporate policy requires standard operating procedures (SOPs) for process operations. • Production Areas: All production operations are conducted in enclosed buildings. • Particulate Emission Control: All processes handling particulates have dust collectors to control particulate emissions. All dust collectors are part of the Site's preventative maintenance program • Housekeeping: Housekeeping inspections are conducted monthly by each production building. This helps to ensure the areas are maintained properly and to prevent safety hazards. • Security: All buildings are locked and there is limited access to the production buildings due to established badge accessible fenced in areas. • Erosion Prevention and Control: Parking areas are concrete and asphalt. The remaining ground is covered with grass, shrubs, and trees. Landscaping and contouring of the site grounds have been utilized to minimize run-off of stormwater from non- production/storage areas into active chemical usage and storage areas. Dow Corning Corporation Greensboro, North Carolina Stormwater permit NCS000077 Site Changes Summary September 2011 The Dow Corning Greensboro site has had two significant changes since the previous renewal period. As a result of these changes, the stormwater outfall collection sources have been modified to accurately reflect the stormwater drainage. • A warehouse was installed around Building 2 and placed into operation on Sept. 2010. There is a new stormwater drainage basin as denoted in the map as Outfall 42, which is located east of Building 2. A new drainage basin was also installed in front of the building on the west side which drains to Outfall No. 3. • The TSE tank farm has a drainage valve from the secondary containment area in which the outlet opens to the soil. This valve is monitored closely and only opened to release rainwater from the secondary containment area. This has been added as Outfall No. 6 to the stormwater plan. STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION North Carolina Division of Water Quality - Stormwater Permitting Unit Facility Name: Dow Corning Corporation Permit Number: NCS000077 Location Address: 2914 Patterson St Greensboro, NC 27407 County: Guilford "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." IliT.l "I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "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 STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION. Signature UmttK j - err Print or type name of person signinb above Date 4. vC v2l!� D A r Title SOPP Certifica; ion 510) n NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director 24 September 2010 Ms, Kelle Beatty, Environmental Engineer Dow Corning 2914 Patterson Street Greensboro, North Carolina 27407 SUBJECT: Compliance Evaluation Inspection Dow Corning NPDES Permit No. NCS000077 & NCO088773 Guilford County Dear Ms. Beatty: Dee Freeman Secretary A Compliance Evaluation Inspection was performed on the Dow Corning groundwater remediation system and stormwater facilities on September 21, 2010 by Corey Basinger of the Winston-Salem Regional Office. You were present for the inspection. The inspection consisted of two parts: an on -site inspection of the storrnwater facilities and an in -office file review. The following are the findings from the subject inspection. L. Permit The NPDES permit for groundwater remediation discharge (NC0088773) became effective on February I, 2009 and expires on June 30, 2011. The NPDES permit for storrnwater discharge (NCS000077) became effective on April 27, 2007 and expires on April 26, 2012. 11. Records/ft� A review of the Storrrlwater Pollution Prevention Plan (SPP Plan) revealed that all areas of concern had been addressed. The SPP Plan was very comprehensive and well organized. A review of the records associated with NCO0887733 revealed that the facility was in compliance with permit requirements. III. Facility Site Review All outfalls noted in the SPP Plan were inspected and found to be satisfactory. The facility requested representative outfall status for Outfall 002 in a letter dated March 29, 2007 and was approved on April 24, 2007. Since that time, the site has been modified and the topography of the site has changed slightly. You indicated that facility staff was having a difficult time collecting a stormwater sample at several of the outfalls due to the fact that very little stormwater was present in the storm sewer pipes, It may be helpful to wait until later in the representative storm event to collect the sample in order to allow the storrnwater to enter the storm sewer system. If you continue to have difficulties with collecting a storrnwater sample, please contact this office and we will assist you in determining a viable solution. The groundwater remediation system discharges across Patterson Street into an unnamed tributary to South Buffalo Creek. Please remember to maintain access to the discharge point at all times. IV. Effluent & Receiving Waters Dow Corning discharges treated groundwater and stormwater to an unnamed tributary to South Buffalo Creek in the Cape Fear River Basin. V. Self Monitoring Program All monitoring requirements required by NPDES Permit NCO088773 have been met. Norlh Carolina Division of Nater Qualify, "linston-Silent Regional 01.fi e t_xabon: 585 Wauohlown St. Winston-Salem, No1h Carolina 2710 Phone: 335-771-5006 4 FAX: 336-771-4630 t Customer Service. 1-877-623-6748 fnlerrw: "u.ncvraterquahty.org One NordiCarolma An Equal C,,ro,tunily 1, F (ruroalive Acl on Employer The qualitative monitoring required by NPDES Permit NCS000077 has been conducted. The facility has had difficulty collecting analytical samples required by NPDES Permit NCS000077 due to insufficient stormwater in the stortrn sewer collection system. Please refer to Section III above for further detail. Overall, the facility was deemed to be in compliance with NCS000077 and NC0088773. The Division greatly appreciates your continued efforts to maintain compliance with the subject permits and solicits any input you may have regarding this inspection report. If you should have any questions or concerns regarding this report, please contact this Office at (336) 771-5000. Sincerely, Steve W. Tedder Water Quality Supervisor Cc, Central Files, WSRO Form Approved OMB No.2040-0057 r'^e Approval Expires 8-31-98 United States Environmental Protection Agency. Washington, D.C., 20460 Section A: National Data System Coding Transaction Code NPDES No. Yr/Mo/Day Inspection Type Inspector FacilityType N 5 NCS000077 10-09-21 C S 2 Facility Evaluation Rating BI QA ..........Reserved........... 4 N N Section B: Facility Data Name and Location of Facility Inspected: Entry Time: Permit Effective 1000 hrs. Date: April 27, 2007 Dow Corning Facility — Greensboro Located at 2900 Randolph Avenue, Greensboro, NC Exit Time: Permit Expiration I1001u•s. Date: April 26.2012 Name(s) of On -Site Representative(s): Phone No(s): Ms. Kelle Beatty 336-547-7126 Name, Address of Responsible Official: Plant Manager Phone No. Contacted? N Mr. David Clark 2914 Patterson Street 336-547-7183 Greensboro. NC 27407 Section C: Areas Evaluated During Inspection (check only those areas evaluated) X Permit NA Flow Measurement NA Operations/Maintenance NA Sewer Overflow X Records/Reports X Self -Monitoring Program NA Sludge Handling/Disposal NA Pollution Prevention X Facility Site Review NA Compliance Schedules NA Pretreatment NA Effluent/Receiving Waters NA Laboratory X Stormwater Section D: Summary of Findings/Comments See attached letter for further details regarding the subject inspection. Name(s) and Signature(s) of Inspectors: Agency/Office/Telephone: Date: DWQ / WSRO I (336) 771-5000 -Z4 ScTzaly Signature of Rev' en Agency/Office: Date: DWQ / WSRO / (336) 771-5000 ir- x �� Permit: NGS000077 Owner -Facility: Dow Corning Corporation Inspection Date: 09/21/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ Cl # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Analytical Monitories Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Facility has recently completed a site modification project. Once a storm event occurs the facility will be better able to determine how the site changes have afftected the Stormwater outfalls. At present, the facility staff are having a difficult time obtaining a sample as very little water is flowing through the storm sewer pipes. Permit and Outfalls Yes No NA N # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ■ ❑ Cl ❑ Page: 3 Permit: NCS000077 Owner - Facility: Dow Corning Corporation Inspection Date: 09/21/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine # Has the facility evaluated all illicit (non stormwater) discharges? Comment: Page. 4 NCS000077 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES 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, Dow Corning Corporation is hereby authorized to discharge stormwater from a facility located at Dow Corning Corporation 2914 Patterson Street Greensboro, NC Guilford County, to receiving waters designated as unnamed tributary to South Buffalo Creek, a class WS-V, NSW stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, and IV hereof. This permit shall become effective February 1, 2015. This permit and the authorization to discharge shall expire at midnight on January 31, 2019. Signed this day January 27, 2015. ORIGINAL SIGNED BY BETHANY GEORGOULIAS for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission I Permit No. NCS000077 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 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 11. Onshore or Offshore Construction 12. Duty to Reapply 0 Permit No. NCS000077 Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7.. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS m Permit No. NCS000077 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually. 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 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 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 [ Page 1 of 2 al\� „�t'�yi. �i�,}�i�7�� +'i,�l�'y%. _•�ty7� (�' +z. I '�r � ' ��' i �i� �'.S� •\��i�� , j� '' `• C'• `firmile 4•G' ri'O'SN r ' • • 1 l• Sr i 6 - ' • �f F991�.'�I ^�tiiS.�'3� -' Sh, Sr, S� " i 'r 6 1, 3 'P I' q►i. `� R.>r '' -ai4"z .+� 6 '�.• i -_ a..r � � A, t.r ` � - _ SAW � y 11 ��'�.#{.�+,+�[3f ' �Ik:.&1r• �`�ft•.},L� R t �rS.r`g` y��T•1;� fi ! ti�'' i a �� .+J}�- t } c. Wit' � : � [� : ,yr�' .r� ,,rJ•1 4 �i :..�r 4 �nr ..�5� S J.i �i_7 �e 5+ + - ':IL7 1/�� _ '/ d Nj `*�� I a 171i 1S fl Vpr i_ its `'t.i.Ryi., ,yl}.y,rr;"r ai"}� ;,�'`�. - ~'Tri�`LA'�'`is' :• �' �� :LI �1��7 sr-t�(y+-lL �}s�, '•,,,,y�v tYwr rt w�. I+�+ tsr�j� "fily. ROMSOAZVO Lb low MR. LM sue''�rlf.ya, X04 • Corporationa ow i'' I 1 i�° V Y1"L ''.�[r S+fir ,t - - + y �...r �•��f_3 �. � ��.� ra.St:`,•niyyR{'i .T�r M ! )� f'i�a' `f � + Y- �r� � ,Pr. _ t r � 1S i • d ^ �y�}} ..�- F+ :t�� {`w�;: •� a , i cr'� t 'rt ' z,r �. z��TS_.�. •� y c� �°fir- .��•i •`%�• r •4'�� 1�fyyr��1 r��l�pl�a;IyF 4 { .'r.1r ;r lr7=r WIT riF_ MINAMU�l>!R-� yY 7_ H t+- 5? v' n l ,,•• d cd. ^+' ',i 7yi•� F.. �` _.r. &gV yi H Yid i i �'r' i �4'd f7 � _� ' i.•r � ,?�rfr �1-i�yc�''f', � 'r �+:: 1, .1� , �7 i q•� r f f ��'+ ^� ti �,�.�a�.-- -.. •i j}�1.�' ' � 1 �; 'r+�]d �.�ajj,� `�¢.ti-' _ ��r''Fi fc�b+��: NOW 1.��' Y �` � "�' .�..i!-',i`H 1'.75A� l- [ � 1- / 4.yt.�L .a � �•�'. ��. �`'t: • • y �-� -6��a t• t d `Sf`�� s t`cl r ! F �' �n � � . :, .rn,e S [�,,;� f ' � � .fi ti ,J�. � R .�,•3. wD- `!. � � . !*j:-,. + ... • - i' '". rr .��, - : . :f'`,. y Ja'*' CL� 'f y ��i��if'rakt ^�►�+j �iJ - �L'� * ..r�. ��,ti�,�s� s I, r � '`' •1 •. r t � L� X � �t 7'j''`y} ':,�' r•i *r - <n-•y ��a� �:'" 1ih'� 's :_.�r� - � ft`r�r }. r}h* Sri. S{..�if w[i• i i .E�1 � + -� h s,. r 1 d�:' � r �y.r`�(-i'�`ler +y� S d� �i•ak. +} 1� � j:: :.t. � m ;r� `3'a_ 5, y�•� • 7 ;,� r 1 �S 5`'S �� 1 ,}, +.- `.s-.. Asp S•. r� .i {► = t SC`- y, -#� w}"+T+{ ��.• S ''�- f'Cill,;•�{�y4 r,•'�'�t�ryY .x w 1' h +�' SLr +C-� _ LAM NL. .•a,,ry i '1 ; M fir „«.f .- [ rt.S•i+ KF' �3t� ,GAG Y`t �.� l _.: �i' ,i+{•`,'�,-ti i ' v; df � �' ,k ,�J::�K`! � rhnL."..r. :-• '�rn. ,..��y �-y`�..r� •� ��. � - [� [,rid �: -k ��-.p y,. �{/ o'/. ? rF1. i} r' •€'r •�-tiP$-�+`... �.-r't', r �..r •fir r} �y- 4s��^. [� �� r�1 ..-aC�• j�`'�•lr�r�'..1ra^'i 'S} ii s -3°}+ `.F r `'' ,t, �s '7' :n, Kf� {.74��F�+r�j•: '--� �� ;�" �j�'•� x�re�- = Atiti Cr .��+C ; s. '�'� , '-• ��J .- S .�,$T'�. q✓�e�i r+.��s � � `...f._[.-t[4ya'�fk{jf� r - - 'v'f2�L�tScr� LL �l �K s,,. `•l�•_�i. ' ��_•!.i `•��73ry,: ,�.K,� � � ;K�rr�i^r',-J}F::i��1 " .rest-:yi'. �sL��+G�•P[ ��; I r r1 �%7 �• �.S�i � i + - Fd9 h '�i a �.�� . �' -_ � t, 1� �...�� 1rr�+i +�� f, a��''4.`�.Yr �4• ,`�•� l'+'1 •� r Permit No. NCS000077 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part III, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview 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 waters to which the stormwater outfalls discharge, 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 points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receivingwaters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters 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 that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: 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 and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part I[ Page 1 of 12 Permit No. NCS000077 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, 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 rainfall and run-on flows. 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, this review shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials: storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals: and storage in any amount of hazardous substancesin order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). 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 (S) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) 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 on data collected through monitoring of stormwater discharges. The BMP Summary shall include a Part II Page 2 of 12 Permit No. NC5000077 written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified 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 on -site at all times during facility operations that have increased 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 and implemented. The program shall address all stormwater control systems (if applicable), 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, loading 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 where not already addressed under another element of the SPPP. 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 be recorded and maintained in the SPPP. 5. 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 at the outfalls required in Part 11 B, C, and D of this permit. 6. 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 stormwater runoff. The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. Part II Page 3 of 12 Permit No. NCS000077 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list ofsignificant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See `Monitoring Farms' here: http: j/portal.ncdenr.orglweb/Ir/Ir/npdes-stormwater). The Director may notify the permittee when the SPPP 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 SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part Ill, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made, 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, 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 five (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part II Page 4 of 12 Permit No. NCS000077 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 measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See Definitions. Table 1. Analytical Monitoring Requirements Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 Total Suspended Solids (TSS) m L semi-annual Grab SDO H standard semi-annual Grab SDO Nitrogen, Total m L 1 semi-annual Grab SDO Phosphorus, Total m L semi-annual Grab SDO Total Rainfall¢ inches semi-annual Rain Gauge - Footnotes: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall [SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. 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. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part ill, Section E). However, for purposes Part II Page 5 of 12 Permit No. NCS000077 of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first m 1 wi h valid results within the monitoring period. Table 2. Monitoring Schedule Monitoring periodl,Z Sample Number Start End Year 1- Period 1 1 February 1, 2015 June 30, 2015 Year 1- Period 2 2 July 1, 2015 December 31, 2015 Year 2 - Period 1 3 January 1, 2016 June 30, 2016 Year 2 - Period 2 4 July 1, 2016 December 31, 2016 Year 3 - Period 1' S January 1, 2017 June 30, 2017 Year 3 - Period 2 6 July 1, 2017 December 31, 2017 Year 4 - Period 1 7 January 1, 2018 June 30, 2018 Year 4 - Period 2 8 July 1, 2018 January 31, 2019 Footnotes: 1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit. The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. The permittee shall compare monitoring results to the benchmark values in Table 3. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Part 11 Page 6 of 12 Permit No. NCS000077 Table 3. Benchmark Values for nalytical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids (TSS) mg/L 100 pH standard 6-9 Nitrogen, Total mg/L 30 Phosphorus, Total mg/L 2 The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. 5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response. Tier Two If: 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 and reporting for all parameters. The permittee shall conduct monthly monitoring 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 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. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. 5. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Part 11 Page 7 of 12 Permit No. NCS000077 Tier 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 DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results; Then: The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations through the permit renewal process. This site discharges to impaired waters experiencing problems with Aquatic Life and Ecological/Biological Integrity. If a Total Maximum Daily Load (TMDL) is approved for this segment of South Buffalo Creek, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division. 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 Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually as specified in Table 4, and during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). Part II Page 8 of 12 Permit No. NCS000077 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 Re uirements Discharge Characteristics Frequencyl Monitoring Location? - Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floatin Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen . semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO FQotn4l=es: 1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring slates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Part II Page 9 of 12 Permit No. NCS000077 ualitative M Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities that 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 S. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc i Sample Type2 Sample Location3 Non -Polar Oil & Grease by EPA Method1664 SGT-HEM mg/L semi-annual Grab SDO Total Suspended Solids m L semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain gauge New Motor Oil Usage I gallons/month semi-annual I Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of the permit prompt monthly sampling), until either another permit is issued for this facility or until this permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. Part II Page 10 of 12 Permit No. NCS000077 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain guage may be substituted for an on -site reading. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part 11 Section B. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances 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 I1 Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark Non -Polar Oil & Grease by EPA Method1664 (SGT-HEM) mg/L 15 Total Suspended Solids mg/L 100 TSS (HQW, ORW, Tr, and PNA) mg/L 50 PartII Page 11 of 12 Permit No. NCS000077 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities 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 II, 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: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. 2. Day to Comply The permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.411. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.411. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both (33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Fart III Page 1 of 9 Permit No. NCS000077 d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $177,500 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. Day to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this 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 [40 CFR 122.41(g)]. Part III Page 2 of 9 Permit No. NCS000077 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 1508-23]. 8. Duly to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 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 permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41). 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this 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 [40 CFR 122.41]. 11. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. 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. Part II I Page 3 of 9 Permit No. NCS000077 Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215,1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(I)(3), 122.61] or state statute. 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 Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president . of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22). b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22]. Partlll Page 4of9 Permit No. NCS000077 d. Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.22). NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction orsupervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering 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." e. Electronic Reports. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person as described in paragraph b. A person, and not a position, must be delegated signatory authority for eDMR or other electronic reporting purposes. The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit The permittee may be required to use North Carolina's Electronic Discharge Monitoring Report (eDMR) internet application for that purpose. For eDMR submissions, the person signing and submitting the eDMR must obtain an eDMR user account and login credentials to access the eDMR system. 4. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 6. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 211.0105(b)(2) may cause the Division to initiate action to revoke the permit SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1, Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this 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 permit [40 CFR 122.41(e)]. 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, permit [40 CFR 122.41(c)]. Part ill Page 5 of 9 Permit No. NCS000077 Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.410)]. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; 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. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this 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. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Part III Page 6 of 9 Permit No. NCS000077 S. Reprgsentative If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. 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 o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report submissions, o copies of all data used to complete the application for this permit These records or copies shall be maintained 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 [40 CFR 122.41]. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Report Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website(httR//12ortal.ncdenr.org/web11rinodes-stormwater). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. Part I❑ Page 7 of 9 10 6"►C11►[o►YIIII11h1FAFA 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 specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR. 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. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina's eDMR internet application for that purpose. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the address above. 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. 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 permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report S. 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 [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122,41(1)(2)]. PartIII Page 8 of 9 Permit No. NCS000077 SnM The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV 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. 8. Bypass Notice [40 CFR 122.41(m)(3)]: 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 effect 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 a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)). 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(I)(8)]. Part III Page 9 of 9 NCS000077 PART IV DEFINITIONS 1. Act See Clean Water Act. 2. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local Flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. However, non-stormwater discharges which shall be allowed in the stormwater conveyance system include: 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, or emergency shower or eye wash as a result of use in the event of an emergency. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://cfpub.epa.gov/npdes/stormwater/menuofbmps /i ndex.cfm. 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, intermediate products, manufactured products, waste materials, or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural Resources. Part 1V Page 1 of 4 Permit No. NCS000077 10. Direrto The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 11. ESN C The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Measu eable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal Separate Storm Sewer System (MS41 A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR 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). 18, 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 a General Permit 19. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No. NCS000077 22. 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 Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event 24. Section 313 Water Priority Chemical A chemical or chemical category which: b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; c. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and d. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe Property Damage 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. 26. 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. 27. Sgnificant 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 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. 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. 29. Stormwatgr R n The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt Part IV Page 3 of 4 Pages Permit No. NCS000077 30. Stormwater AssociatedIndustrial 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. 31. Stormwater Pollutio2Prevention 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. 32. Total Maximum Daily Loa (IMJL 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 htW://portal.ncdenr.org/weblwq/pslmtu/tmdl. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25-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 IV Page 4 of 4 Pages A.`iV.A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Jake Fitzgerald Dow Corning Corporation 2914 Patterson Street Greensboro, NC 27407 Dear Mr. Fitzgerald: Donald R. van der Vaart Secretary January 27, 2015 Subject: Final NPDES Stormwater Permit Permit No. NCS000077 Dow Corning Corporation Guilford County In response to your renewal application for continued coverage under NPDES stormwater permit NCS000077, the Division of Energy, Mineral and Land Resources 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 U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The final permit contains no significant changes from the draft permit that was noticed on September 28, 2014. The monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please note that analytical and qualitative monitoring is required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering" and Item 10 "Penalties for Falsification of Reports" of your 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. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section - Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htip://portal.nodenr.orglwebArl An Equal Opportunity L Affirmative Action Employer — 50% Recycled l 10% Post Consumer Paper NCS000077 Page 2 of 2 Per the requirements of the Jordan Lake Nutrient Strategy Buffer Rule, all sormwater drainage to stream buffers, from portions of this site that have been constructed after August 11, 2009, must be discharged through a correctly designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 2B .0267. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP Manual, available at: http://portal.nedenr.org/web/Ir/bml2-manual. Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mineral and Land Resources, or permits required by the Division of Water Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions or comments concerning this permit, contact Julie Ventaloro at (919) 807- 6370 orjulie.ventaloro@ncdenr.gov. Sincerely, ORIGINAL SIGNED BY BETHANY GEORGOULIAS for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Winston-Salem Regional Office, M. Gantt Stormwater Permitting Program Files Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303 DWR Central Files Attachments: Permit NCS000077 Blank DMR forms News & Record Advertising Affidavit 200 E. Market St Greensboro, NC. 27401 (336) 373-7287 NCDENR DWQ NPDES ATTN DINA SPRINKLE 1617 MAIL SERVICE CENTER RALEIGH. INC 27699 PO Number Order Category Description Account Number 4002143 Elate September 28, 2014 DOW CORNING 0000069146 Legal Notices NC DIV. OF ENERGY, MINERAL, AND LAND RESOURCES' INTENT TO ISSUE, mV oiv. OF ENERGY- MINERAL. AlVO L NO RESOURCES' 1/VTENT Tq 1$$U>< A $TgRM WATER OI$CMA R�� PERMIT Pu b1iC nt qr gbJgC [{on to thq draft p¢rmi[s is tout tod_ Submit written n[s to OEMLR at thq atldress b¢I wC All C ntr ¢iv¢d prior [o November I, 2014 w{II be co nsldvr¢d in thq - atlon vgardinq pgrmita l[s iss unn uanCq as n'd permit provisions. Applfcatio n: t.r corn log cnrpara- b.,.2 C 7407 .. Stint. t�rccn9� born. NC _It has annll! far an NPOES pCrm it to dls I 7 Storm wa[Cr from an Intl ustrfal faGlli- ty Cgrning Corporaifon. 2914 14 Patt-tt erson Street, Grgensbo m, NC- Gullfo rd cou n[y_ The r.cIllty d{sCharh ¢s toe ¢d tributut ary F SouI 9uffalo Cr¢CK In [h¢ Cap. Fear Rv¢r Bnsl n. A Copy of [M1c draft permit. NC SOOOOT 7. Is av ailablq at= M1[tp J/po r[a!_nc - ^0Cf'tI w I /I , I bl. n otices_ Addltlonal permit docu- ments arc a"alla blC for the r¢pro- duGtiQn CCISt aL- UEMLR Stgrmwate, Permitting Pr0- 512 N_ Sallsbury Str¢ct <1 Cation. z{p 27'04] 1612 Mall So I.. C¢ntpr (mail) Raloigh. NC 27699-1B 17 5tnrmwatCr PCrmittinp Cdnfac[_ acthany ccnrgoutias (9i9> OT-67T2 beth gcthanv.Acorg au{lasrmncden r_gnv Publisher of the Greensboro News & Record Before the undersigned, a Notary Public of Guilford, North Carolina, duly commissioned, qualified, and authorized by law to administer oaths. personally appeared the Publisher Representative who by being duly sworn deposes and says: that he/she is the Publisher's Representative of the News & Record, engaged in the publishing of a newspaper known as News & Record, published, issued and entered as second class mail in the City of Greensboro, in said County and State: that he/she is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a copy of which is attached hereto, was published in the News & Record on the following dates: 09/28/2014 and that the said newspaper in which such notice, paper document. or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. (signature ojperson making affidavit) Sworn to and subscribed before me the3o day o� 20� E NE LAMBL&C6Lk&&qU& Y PUBLIC ORTH CAROLINA (Notary Public) COUNTYN PXPd Rgn 06.15°19 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU News & Record Advertising Affidavit 200 E. Market St Greensboro, NC. 27401 (336) 373-7287 NCDENR DWQ NPDES ATTN DINA SPRINKLE 1617 MAIL SERVICE CENTER RALEIGH, NC 27699 Account Numbor 4002143 Date September 28, 2014 PO Number Order Category Description DOW CORNING 0000069146 Legal Natives NC DIV. OF ENERGY, MINERAL, AND LAND RESOURCES' INTENT TO ISSUE, NC DIV. OP ENPR4Y- M[N6RAL_ AND c NU RESOURcas- INTENT TO ISM UZZAS RMWATE.R n IS:CHAR4W- panmlT Pu b1IC Cemmant er o§fgCtlon tb tiiq draft n carts is tl:, •d. [sub mli wrlttrn commont+;o.DRMLR at=o n�dd re3a b•Igw- All C m.rlm ra- 7vwtl prior to nort1. Za14 will bw conelC rrad Fn;rih- a /lark dwt.r- mldnatlnmie Provlalo Pornllts Is—nCa Application_ oow corni914 Stng corpara- tion.b-o ZNC 37i 7 h rp"; �•d�}vr rnn 6- NVo$5 1]ormit;o dlacharoe atprinwn;ar from qn ind urtrlr! Sa,=711- ty at pow cornEng corparnvon. 2914 pwtt•raon Straw;, Sa rw4nabaro. NC. [iVllfo rd Caglrity_ The Tacllity d lacriaerp as m nn unnamed trlputary ;e South Ru}}alp Cr•glc In ;hw Capa FgnY Rlvgr t3gatn. A Copy or;ha chart permit. �gLncA •nr_ory/web/Ir/pul�llc p�/pq an%= I; Addltlonol p•rmlt daPu- rnl. aavnllablr for th• rero- p dmuetlon . cost ats oaMLii starmwatrr perm lttlnv Pro— gram N- Snllabury Sir•rt Uacatlen, zip 376a4) .16= RnJW Mall C 2709 Canter (mall)' Ralalp h, NC 27099-161T st---tcr Pwrm lttlri9 Contawt= 6athany QeorOolaliwa (pY9]Se7-aS72 bwthany_p.orpoulles®hod•nr.poy Publisher of the Greensboro News & Record Before the undersigned, a Notary Public of Guilford, North Carolina, duly commissi6n4 qualificd, and authorized by law to administer oaths, personally appeared the Publisher Representative who by being duly swam deposes and says: that he/she is the Publisher's Representative of the News & Record, engaged in the publishing of a newspaper known as News & Record, published, issued and entered as second class mail in the City of Greensboro, in said County and State: that he/she is authorized to make this affidavit and swam statement: that the notice or other legal advertisement, a copy of which is attached hereto, was published in the News & Record an the following dates: 09/28/2014 and that the said newspaper in which such notice, paper document, or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. (signature ofperson making affrdavft) Swom to and subscribed before me the W. �� 0 14 LEA ANNE LAMB✓ NOTARY PUBLIC STATE OF NORTH CAROLINA (Notary Public) GUILFORD COUNTY MY 00MMI11910N FWA0 28g-19 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvada, III, Secretary DATE: September 18, 2014 TO: [RECIPIENT) EMAIL: [E-MAILI FROM: Aana Taylor -Smith, DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES SUBJECT: PUBLIC NOTICE PAGES: 1 Please publish only the information (Public Notice) attached, ONE TIME in the legal section of your paper by Wednesday, October 1, 2014. Please fax a copy of the proof to (919) 807-6494 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Bethany Georgoulias NCDENR/DEMLR Stormwater Permitting Program 1612 Mail Service Center Raleigh, NC 27699-1617 NC DIV. OF ENERGY, MINERAL, AND LAND RESOURCES' INTENT TO ISSUE A STORMWATER DISCHARGE PERMIT Public comment or objection to the draft permits is invited. Submit written comments to DWQ at the address below. All comments received prior to November 1, 2014 will be considered in the final determination regarding permits issuance and permit provisions. Application: Dow Corning Corporation, 2914 Patterson Street, Greensboro, NC 27407 has applied for an NPDES permit to discharge stormwater from an industrial facility at: Dow Corning Corporation, 2914 Patterson Street, Greensboro, INC, Guilford County. The facility discharges to an unnamed tributary to South Buffalo Creek in the Cape Fear River Basin. A copy of the draft permit, NCS000077, is available at: http://portal.ncdenr.org/web/lr/public-notices. Additional permit documents are available for the reproduction cost at: DEMLR Stormwater Permitting Program 512 N. Salisbury Street (location, zip 27604) 1612 Mail Service Center (mail) Raleigh, NC 27699-1617 Stormwater Permitting Contact: Bethany Georgoulias (919)807-6372 betha ny.georgoulias o2ncdenr.gov 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707-9220 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htto:l_p6rtal.ncdenr.org/webl r/land-Quality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper