HomeMy WebLinkAboutNCS000093_HISTORICAL WITH APPLICATION_20180930----STORM WATE R_D'IVI SICIN-COD IN G_ SHEET
PERMIT NO.
,.N cs Jpoc)gl
DOC TYPE
❑ FINAL PERMIT
❑ MONITORING INFO
X APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ D1 (, ��{`�6
YYYYM M D D ,
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NCS000093 DRAFT PERMIT
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
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 Caroli�'General Statue 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, ,, \ \ >
r,/ i
BRP�USInc.
1
is hereby author zed to d<ischarge stormwater from a facility located at
)>IBRP US, Inc. .�j
{ 1/211 Greenwood Road1/'
' Spruce Pine, NC
Mitchell County 1
to receiving waters designated as English Creek, a class C;Tr stream in the French Broad
River Basin, in accordance with the discharge limitations, monitoring requirements, and
other conditions set forth in Parts 1, 1I, 111, and IV hereof.
Note: Draft Permit Dates are Approximate
This permit shall become effective October 1, 2018.
This permit and the authorization to discharge shall expire at midnight on September 30,
2023.
Signed this day September 30, 2018.
for William E. (Toby) Vinson Jr., P.E., CPESC, CPM, Interim Director
nh Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
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TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
Permit No. NCS000093 DRAFT
PART II MONITORING, CONTROLS, AND LIMITATIONS -FOR PERMITTED
DISCHARGES %
Section A: Starmwater Pollution Prevention P an
Section B: Analytical Monitoring Regquiirr•6ffeents
Section C: Qualitative Monitoring Re" qu" irem ets
Section D: Special Conditions
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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
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Permit No. NCS000093 DRAFT
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 Mainte nance
2. Need to Halt or Reduce Not a -Defense
3. Bypassing of Stormwater Control -Facilities
Section D: Monitoring and Records
1. Representative Sampling
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2. Recordittg Results
3. Flow Measurements
4. Test �� oced }rest
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
5. Planned Changes
6. Anticipated Noncompliance
7. Spills
8. Bypass
9. Twenty-four Hour Reporting
10. Other Noncompliance
11. Other Information
PART IV DEFINITIONS
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PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
Permit No. NCS000093 DRAFT
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 precip tation or runoff as described
in 40 CFR §122.26(g), the facility may qualify for aAb Exposure Exclusion from NPDES
stormwater discharge permit requirements. Any(ed"wner`or,oper for wishing to obtain a No
Exposure Exclusion must submit a No Exposure Certification Notice of Intent (N0I) 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. f�/\ '%
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is,modi\\ 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 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.
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SECTIONi C: LOCATION MAP
Permit No. NCS000093 DRAFT
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Latitude: 35' 54' 35" N NCS000093 Facility
Longitude: 82' 05' 30" W R
County: Mitchell BRP US Inc. Location
Stream Class: C: Tr
Receiving Stream: English Creek
Sub -basin: 04-03-06 (french Broad Ricer Basin) 44 otth Not to Scale
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Permit No. NCS000093 DRAFT
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 1I1, 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 P rovide Va�/descripti�o�nof the physical facility
and the potential pollutant sources that may bye expected to contribute to
contamination of stormwater discharges.,-T �� it,`eOverview 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 generablocation 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.
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Permit No. NCS000093 DRAFT
(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 &Ows. 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 ofiliadid materials; storage in any amount of Section 313
of Title III of the Superfund Amendments and Reauthorization Act (SARA) water
priority chemicals; nd 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 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. The Division may allow exceptions to secondary
containment requirements for mobile refuelers, as with the exemption provided by
amendments to federal SPCC regulations, as long as appropriate spill containment
and/or diversionary structures or equipment is used to prevent discharge to surface
waters. Exceptions do not apply to refuelers or other mobile tankage used primarily
as bulk liquid material storage in a fixed location in place of stationary containers.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs
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Permit No. NCS000093 DRAFT
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
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 stormwaterunoff 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./
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4. Preventative Maintenancesand 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 idfadjacent surface waters and wetlands, industrial
activity areas (including material storage areas, material handling areas, disposal areas,
process areas, loading and -re loading 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
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Permit No. NCS000093 DRAFT
personnel responsible for implementing the training shall be identified, and their
annual training shall be documented by the signature of each employee trained.
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 an 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 ofsignificantspill�or le`bkof pollutants for the previous three
(3) years, or the notation that no'spills-have occurred (element of the Site
Overview); 'Ilrll'� 1
(b) a written re-cererfrcation that the-stormwoter 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) rover -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: https:Hdeq.nc.gov/about/divisions/energy-mineral-land-
resourceslnpdes-stormwater-individual).
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.
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SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Permit No. NCS000093 DRAFT
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 Recional Engineer. See. Definitions.
The permittee shall compare monitoring results to.the,benchmark values in Table 1.
Exceedances of benchmark values require the permitteee 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.
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The benchmark values in Table 1 a fe 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.
Please note that the parameters in the last two rows in Table 1 (non -polar oil and grease
and new motor oil usage) are only required for outfalls that discharge runoff from vehicle
or equipment maintenance areas in which more than 55 gallons of new motor oil and/or
hydraulic oil per month is used when averaged over the calendar year.
Table 1. Analytical Monitoring Requirements
Parameter
Discharge
Measurement
Sample
Sample
Bench -
Code
Characteristics
Units
Fre uen 1
TypeZ
Location3
mark
C0530
Total Suspended Solids (TSS)
mg/L
semi-annual
Grab
SDO
50
HQW, ORW, Tr and PNA
400
pH
standard
semi-annual
Grab
SDO
6-9
1105
Total Recoverable Aluminum Al
m L
semi-annual
46529
Total Rainfall4
inches
semi-annual
Rain Gauge
-
Non -Polar Oil & Grease by EPA
552
Method 1664 (SGT-HEM) for
mg/L
semi-annual
Grab
SDO
15
outfalls with vehicle/equipment
maintenance activities$
New Motor Oil Usage
Gallons/
--
for outfalls with vehicle/
month
semi-annual
Estimate
-
e ui ment maintenance activities5
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Permit No. NCS000093 DRAFT
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. �� ��\ /7
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. "I\1
5 This parameter is only required for outfalls that dischargerunoff from vehicle / equipment maintenance
areas in which more than 55 gallons of new motor oil per.month is used when averaged over the
calendar year. ,
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The permittee shall complete the analytical samplings in accordance with the schedule
specified below in Table 2, unless.adverseaveather 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 an he•DMR. The permittee must report the results from each
sample taken within the monitoring period (see Part I11, Section E). However, for purposes
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.
Oh'
11 Table 2.
t'1 .
Monitoring Schedule
Semi -Annual
Monitoring Eventsl,z
Start Date
(All Years)3
End Date
(All Years)3
Period 1
January 1
June 30
Period 2
July 1
December 31
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.
3 Monitoring periods remain consistent through the permit term and through the renewal process.
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
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Permit No. NCS000093 DRAFT
outfall during a monitoring period does not constitute failure to monitor, as long as it is
properly recorded and reported.
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 controlOoperational controls, or physical improvements
to reduce concentrations of the parameters of concern, and/or to -bring concentrations within the benchmark
range. �the
�4. Implement the selected feasible actions within two months oinspection.
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 trieeer a tiered response.
Tier Two
If: The first valid sampling results from-tw&consecuiive monitoring periods (omitting periods with no discharge) 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 actionsouutlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for allyaram 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.
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 through the permit renewal process_
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SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Permit No. NCS000093 DRAFT
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
during required analytical monitoring events (unless the permittee. is required to perform
further qualitative monitoring per the Qua] itative'Momtoring.Response, below). Inability
to monitor because of adverse weather conditions m/st 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).
In the event an atypical condition is not at a.star� water discharge outfall, the permittee
shall document the suspected,cause.,of the condition and any actions taken in response to
the discovery. This documentation,willbemaintained with the SPPP.
Table 6. Qualitative/Monitoring Requirements
Discharge Characteristics
Frequencyl
Monitoring
Location?
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Footnotes:
1 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. 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.
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Permit No. NCS000093 DRAFT
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.
litative Monito
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new
potential sources of stormwater pollution, and prompti g 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,peerformn pstream 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: SPECIAL CONDITIONS
ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and
became effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within
Part III of this permit (Standard Conditions for NPDES Permits):
• Section B. (3.) Signatory Requirements
• Section D. (6.) Records Retention
• Section E. (1.) Discharge Monitoring Reports
• Section E. (2.) Submitting Reports
1. Reporting Requirements [Supplements Section E. (I.) and Supersedes Section E.
J�u
Effective December 21, 2016 or when the agency's electronic reporting system is able
to accept NPDES stormwater permit monitoring data, the permittee shall report
discharge monitoring data electronically using the NC DWR's Electronic Discharge
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Permit No. NC5000093 DRAFT
Monitoring Report (eDMR) internet application. NC DEMLR will notify permittees
when eDMR is ready to accept stormwater monitoring data.
Monitoring results obtained during the previous month(s) shall be summarized for each
month and submitted electronically using eDMR. The eDMR system allows permitted
facilities to enter monitoring data and submit DMRs electronically using the internet.
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 also will be
required to complete the eDMR submission by printing„signing, and submitting one
signed original and a copy of the computer printed eDMR t�the following address:
NC DEQ / Division of Water Resources / Wate(`Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center /
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the DMR�sys em�due to a demonstrated hardship or due
to the facility being physically located in an area where less than 10 percent of the
households have broadband5acc ss; then a temporary waiver from the NPDES
electronic reporting requirements,may be granted and discharge monitoring data may
be submitted on paper DMR forms or alternative forms approved by the Director.
Duplicate signed copies shall besubmitted to the mailing address above. See "How to
Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due no later than 30 days from
the date the facility receives the sampling results from the laboratory.
2. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least sixty
(60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not
exceed 5 years and shall thereupon expire. At such time, monitoring data and reports
shall be submitted electronically to the Division•unless the permittee re -applies for and
is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver
are found on the following web page:
hUp://deg.nc.gov/about/divisions/water-resources/edmr
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Permit No. NCS000093 DRAFT
3. Si ng atory Requirements [SunnlejMents Section B. (3.)(b) and Supersedes Section
B. (3.) (d)l
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part 111, Section B. (3.) (a) or by a duly authorized representative of that
person as described in Part ill, Section B. (3.)(b). A person, and not a position, must be
delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the-eDMR system. For more
information on North Carolina's eDMR system, registering for eDMR and obtaining an
eDMR user account, please visit the followingtweb �a e: ���
� (p g �/
Certification. Any person submitting an,electronic-DMR using the state's eDMR system
shall make the following certification"[40 CFR 1,22.221. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
\`
"I certify, under penalty of law, that tLisocument and all attachments were prepared
it
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gath& and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible forgathering theJhformation, 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 f nes and
imprison in en tfor knowing violations."
4. Records Retention [Supplements Section D. 6.
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3
years from the date of the report. This period may be extended by request of the
Director at any time [40 CFR 122.411.
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Permit No. NCS000093 DRAFT
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time. The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the initial permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part 11, Section A, Paragraph 2(b) of,this permit, shall be accomplished
within 12 months of the effective date of the initial permit iss`uan�
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 1I, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of
stormwater discharges from the operatidWof the industrial activity.
Existing facilities previously permitted and applying for renewal: All requirements, conditions,
limitations, and controls contained n-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•far 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 Il,'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.
Duty to Cum�ly
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 notyet 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 $51,570 per
day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)1.
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 guider 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)].
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Permit No. NCS000093 DRAFT
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 thanAS 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 impr`isonment,of•not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii),ofthe 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 actin accordance with the terms, conditions, or requirements
of a permit [North Carolina General rStates §,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 es ctionsn a permit issued under section 402 of this Act.
Administrative penalties for Class'I violations are not to exceed $20,628 per violation, with the
maximum amount of any Class'I penalty assessed not to exceed $51,570. Penalties for Class 11
violations are not to exceed-$20,628 per day for each day during which the violation continues,
with the maximumlamount of any Class II penalty not to exceed $257,848 [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.
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)].
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Permit No. NCS000093 DRAFT
7, 5everability
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 150B-23].
8. Duty to Provide I
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��his permit [40 CFR 122.41(h)],
9. Penalties for Tampering ^ \
The Clean Water Act provides that any person who falsifies, tampers.w�th, 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 $I0,060,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 imprisonme t�6f 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 con ctionbe 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 Con�tructio�"
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
1. 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.
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Permit No. NCS000093 DRAFT
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)h.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.
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 follow�� /
(1) For a corporation: by a responsible corporate of6c" er. 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 functibris 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�onimplicit 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 infor►natio i 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].
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Permit No. NCS000093 DRAFT
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 orsupervision in accordance with o 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. "
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. 1\
Permit Actions Z `
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)].
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) n a�y`ause_the Division to initiate action to revoke the permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operatic 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)].
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
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Permit No. NCS000093 DRAFT
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 time thatris,cli racteristic of the discharge. All
samples shall be taken before the discharge joins ors s dil t d 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 [4f? CF.R'122.41(j)].
2. Recording Results
For each measurement or sample taken pursuantlto 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;
i/ l "�/
.
b. The individual(s) who performed -the sampling or measurements;
c. The date(s) analyses were erfr\ed;
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 now 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.
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 outfalis.
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Permit No. NCS000093 DRAFT
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),
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. /
Inspection and Entry
The permittee shall allow the Director, or an a horized-r presentative (including an authorized
contractor acting as a representative of the Director); or in.the case of a facility which discharges
it �.
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 must be kept under the conditions of this permit;
v
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_ 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 (https:Hdeq.nc.goy/aboutldivisions/energy-
niiiieral-land-resources/npdes-stormwater-individual). 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.
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 [40 CFR §122.41(l)],
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Permit No. NCS000093 DRAFT
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,27699,1
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. ca cordance'with the terms of this permit shall be
available for public inspection at the offices of the DlVlsion./AS required by the Act, analytical data
i/ ) �i
shall not be considered confidential. Knowing] making any false statement on any such report may
result in the imposition of criminal penalties as provided for in NCGS 143-215.6E or in Section 309 of
the Federal Act.
4. Non-Stormwater Discharge C
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
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged [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(l)(2)].
7. Spills
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.
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Permit No. NCS000093 DRAFT
9. 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,ca � by case basis for reports under this section
if the oral report has been received within 24 A rs\
C. Occurrences outside normal business hours.may also be reported to the Division's Emergency
Response personnel at (800) 662-7956, (800) 858.03.68 or (919) 733-3300.
10. Other Noncompliance ��
The permittee shall report all instances{ f noncompliance not reported under 24 hour reporting at
the time monitoring reports are.submi\ttedd[[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)].
Page - 22
•
PART IV DEFINITIONS
Act
See Clean Water Act.
1 . • ..
NCS000093 DRAFT PERMIT
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 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 reporfted on the relevant�DMR.
Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. H
allowed in the stormwater conveyance system n
a. All other discharges that are authorized by
b. Uncontaminated groundwater, foundation d
chemicals, springs, discharges of uncontami
flushings, water from footing drains, flows fi
c. Discharges resulting from fir _fighting or -fir
tormwater discharges which shall be
se:
stormwater NPDES permit.
s, air -conditioner condensate without added
d potable water, waterline and fire hydrant
riparian habitats and wetlands.
hting training, or emergency shower or eye
wash as a result of use in.the event of an emergency.
4. Best Management Practices'(B
Measures or practices used to reduceihe amount of pollution entering surface waters. BM Ps may
take the form of a process, activity; or physical structure. More information on BMPs can be found at:
S. 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 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 Environmental Quality.
10. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
•
LI
11. EMC
The North Carolina Environmental Management Commission.
Permit No. NCS000093 DRAFT
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. 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,leas t72,hou s 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
r
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.
Page - 24
•
Permit No. NCS000093 DRAFT
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 Prioritv Chemical
A chemical or chemical category which:
a. is listed in 40 CFR 372.65 pursuant to Section 313 of Title,lll of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986; �(
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements, and\\
c. Meets at least one of the following criteria: \/
L Is listed in appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table
Ill (certain metals, cyanides, and,phenols) or Table IV (certain toxic pollutants and
hazardous substances); �� J
ii. Is listed as a hazardous substance,p, ursuant to section 311(b)(2)(A) ofthe CWA at 40 CFR
116.4; or C \ <\, \ L-z
iii. Is a pollutant for which EPA I as.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, 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 (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. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
Page - 25
•
a . . }
•
Permit No. NCS000093 DRAFT
30. Stormwater Associated with Industrial Activity_
The discharge from any point source which is used for collecting and conveying Stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in "industrial activities" include those activities defined in
40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded
from the NPDFS 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 MaximurnDaily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be
found at https://deaTnc.gov/about/div_isions/water i•esources%plan"/niodeline-
assessment/tm/lls/draft-and-approved-tmdls.-�
33. T xi_� c Pint ♦ , i
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. Vehicle Maintenance Activity
Vehicle rehabilitation mechanical re` airs aintiri�ielin lubrication vehicle cleaning operations,
' t ♦ `P �' P g� g� g
or airport deicing operations. For�the•purposes of this permit, vehicle maintenance activity includes
equipment maintenance that uses hydraulic oil and that is stored or used outside, or otherwise
exposed to StormwateK
35.Visible SedimentatioSolid particulate matter, oth mineral��and organic, that has been or is being transported by water,
air, gravity, or ice fromNits.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.
Page - 26
Energy, Mineral
and Land Resources
ENVIRONMENTAL OVALETY
September 18, 2018
Ms. Bernice Wilson
BRP US Inc.
1211 Greenwood Road
Spruce Pine, NC 28777
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR.
Interim Director
Subject: Draft NPDES Stormwater Permit
Permit No. NCS000093
BRP US Inc.
Mitchell County
Dear Ms. Wilson:
In response to your renewal application for continued coverage under NPDES stormwater permit
NCS000093, 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).
This final permit includes no major changes from the draft permit sent to you on July 25, 2018. On
August 28, 2018 staff from our Asheville Regional Office conducted a site visit and inspection as part of the
renewal process. Please continue to work with Isaiah Reed in our Ashville Regional Office to respond to
the issues raised as part of this inspection.
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 111, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for
Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information.
If any parts, measurement frequencies or sampling requirements contained in this modification are
unacceptable to you, then you have the right to file a petition for a contested case with the Office of
Administrative Hearings within thirty (30) days following receipt of this letter. This petition must conform
to the requirements of Chapter 150B of the North Carolina General Statutes. Petitions must be filed in a
timely manner with the Office of Administrative Hearings, Post Office Drawer 11666, Raleigh, North
Carolina 27604. If you do not file a petition within the required time, the agency decision shall be final and
binding.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
1612 Mail Senice Center 1 512 North Salisbury Street � Raleigh, NC 27699-1612
919 707 9200 7
NCS000093 Draft Permit
Page 2
Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed
in case of change in ownership or control of this discharge. This permit does not affect the legal
requirements to obtain other permits which may be required by this Division, or permits required by the
Division of Water Resources, Coastal Area Management Act or any other federal, state or local
governmental permit that may be required.
If you have any questions or comments, please contact Bradley Bennett at (919) 707-3646 or at
bradley.bennett(@ncdenr.gov.
Sincerely,
for William E. (Toby) Vinson, Jr., P.E., CPESC, CPM
Interim Director
cc: Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303,
Stan Aiken, DEMLR Asheville Regional Office - electronic
Stormwater Permitting Program
Attachments
Permit no. NCS000093
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
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,
BRP US, Inc.
is hereby authorized to discharge stormwater from a facility located at
BRP US, Inc.
1211 Greenwood Road
Spruce Pine, NC
Mitchell County
to receiving waters designated as English Creek, a class C;Tr stream in the French Broad
River Basin, in accordance with the discharge limitations, monitoring requirements, and
other conditions set forth in Parts I, I1, 111, and IV hereof.
This permit shall become effective September 18, 2018.
This permit and the authorization to discharge shall expire at midnight on August 31, 2023.
Signed this day September 18, 2018.
for William E. (Toby) Vinson Jr., P.E., CPESC, CPM, Interim Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NCS000093
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: Special Conditions
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
b. 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
11
Permit No. NCS000093
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
11
Permit No. NCS000093
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 (NO[) 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.
Page - 1
SECTION C: LOCATION MAP
Permit No. NCS000093
Latitude: 35' 54' 35" N NCS000093 Facility --
Longitude: 82° 05' 30" W
County: t'fitchell BRP US Inc. Location
Stream Class: C: Tr
Receiving Stream: English Creek
Sub -basin: 04-03-06 (French Broad River Basin) ov0tt L
/L Not to Scale
Page - 2
Permit No. NCS000093
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 111, 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 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.
Page-3
Permit No. NCS000093
(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 I11, 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 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 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. The Division may allow exceptions to secondary
containment requirements for mobile refuelers, as with the exemption provided by
amendments to federal SPCC regulations, as long as appropriate spill containment
and/or diversionary structures or equipment is used to prevent discharge to surface
waters. Exceptions do not apply to refuelers or other mobile tankage used primarily
as bulk liquid material storage in a fixed location in place of stationary containers.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs
Page - 4
Permit No. NCS000093
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
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.
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
Page - 5
Permit No. NCS000093
personnel responsible for implementing the training shall be identified, and their
annual training shall be documented by the signature of each employee trained.
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);
(b) a written re -certification that the stormwater outfalls have been evaluated far
the presence of non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on -site stormwater
BM Ps (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: hops://decl.nc.gov/about/divisions/energy-mineral-land-
resourceslnpdes-stormwater-individual).
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 I11, 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..
Page - 6
Permit No. NCS000093
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table.l.
All analytical monitoring shall be performed during a measurable 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.
The permittee shall compare monitoring results to the benchmark values in Table 1.
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.
The benchmark values in Table 1 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.
Please note that the parameters in the last two rows in Table 1 (non -polar oil and grease
and new motor oil usage) are only required for outfalls that discharge runoff from vehicle
or equipment maintenance areas in which more than 55 gallons of new motor oil and/or
hydraulic oil per month is used when averaged over the calendar year.
Table 1. Analytical Monitoring Re uirements
Parameter
Discharge
Measurement
Sample
Sample
Bench -
Code
Characteristics
Units
Fre uenc 1
Type2
Location3
mark
C0530
Total Suspended Solids (TSS)
mg/L
semi-annual
Grab
SDO
50
HQW, ORW, Tr and PNA
400
pH
standard
semi-annual
Grab
SDO
6-9
1105
Total Recoverable Aluminum(Al)m
L
semi-annual
46529
Total Rainfall4
inches
semi-annual
Rain Gauge
-
Non -Polar Oil & Grease by EPA
552
Method 1664 (SGT-HEM) for
mg/L
semi-annual
Grab
SDO
15
outfalls with vehicle/equipment
maintenance activities
New Motor Oil Usage
Gallons/
--
for outfalls with vehicle/
month
semi-annual
Estimate
--
equipment maintenance activities
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Permit No. NCS000093
Footnotes:
1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly
sampling) during a measurable 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.
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 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 measurable 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.
5 This parameter is only required for outfalls that discharge runoff from vehicle / equipment maintenance
areas in which more than 55 gallons of new motor oil per month is used when averaged over the
calendar year.
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 III, Section E). However, for purposes
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
Semi -Annual
Monitoring Events1,2
Start Date
(Ail Years)3
End Date
(All Years)3
Period 1
January 1
June 30
Period 2
July 1
December 31
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.
Z 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.
3 Monitoring periods remain consistent through the permit term and through the renewal process.
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.
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Permit No. NCS000093
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.
S. Record each instance of a Tier One response in the SPPP, Include the date and value of the benchmark exceedance,
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 (omitting periods with no discharge) 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.
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.
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Permit No. NCS000093
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
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).
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 6. Qualitative Monitoring Re uirements
Discharge Characteristics
Frequencyl
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 measurable storm event unless other provisions of this
permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods. 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.
Page - 10
Permit No. NCS000093
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.
Qualitative Monitoring Response
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: SPECIAL CONDITIONS
ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and
became effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within
Part III of this permit (Standard Conditions for NPDES Permits):
• Section B. (3.) Signatory Requirements
• Section D. (6.) Records Retention
• Section E. (1.) Discharge Monitoring Reports
• Section E. (2.) Submitting Reports
1. Reporting Requirements I'Supplements Section E. 1. and Supersedes Section E.
I"
Effective December 21, 2016 or when the agency's electronic reporting system is able
to accept NPDES stormwater permit monitoring data, the permittee shall report
Page - 11
Permit No. NCS000093
discharge monitoring data electronically using the NC DWR's Electronic Discharge
Monitoring Report (eDMR) internet application. NC DEMLR will notify permittees
when eDMR is ready to accept stormwater monitoring data.
Monitoring results obtained during the previous month(s) shall be summarized for each
month and submitted electronically using eDMR. The eDMR system allows permitted
facilities to enter monitoring data and submit DMRs electronically using the internet.
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 also 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 following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due
to the facility being physically located in an area where less than 10 percent of the
households have broadband access, then a temporary waiver from the NPDES
electronic reporting requirements may be granted and discharge monitoring data may
be submitted on paper DMR forms or alternative forms approved by the Director.
Duplicate signed copies shall be submitted to the mailing address above. See "How to
Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due no later than 30 days from
the date the facility receives the sampling results from the laboratory.
2. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least sixty
(60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not
exceed 5 years and shall thereupon expire. At such time, monitoring data and reports
shall be submitted electronically to the Division unless the permittee re -applies for and
is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the application fora temporary electronic reporting waiver
are found on the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
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Permit No. NCS000093
3. SignatoLry Requirements [Supplements Section B. 3. b and Supersedes Section
B. (31(d�l
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part III, Section B. (3.)(a) or by a duly authorized representative of that
person as described in Part 1II, Section B. (3.)(b). A person, and not a position, must be
delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the eDMR system. For more
information on North Carolina's eDMR system, registering for eDMR and obtaining an
eDMR user account, please visit the following web page:
bttp:.Z/deq.nc.gov/about/divisions/water-resources edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system
shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
"7 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. 1 am aware that there are significant
penalties far submitting false information, including the possibility offines and
imprisonment for knowing violations."
4. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3
years from the date of the report. This period may be extended by request of the
Director at anytime [40 CFR 122.411.
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Permit No. NCS000093
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the initial permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished
within 12 months of the effective date of the initial permit issuance.
New Facilities applying for coverage for the 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 I1, 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 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.
2. auty 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 122.41].
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 $51,570 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)].
Page - 14
Permit No. NCS000093
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 $20,628 per violation, with the
maximum amount of any Class I penalty assessed not to exceed $S 1,570. Penalties for Class II
violations are not to exceed $20,628 per day for each day during which the violation continues,
with the maximum amount of any Class II penalty not to exceed $257,848 [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(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 I11, 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)].
Page - 15
Permit No. NCS000093
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 150B-231.
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 122.41].
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 122,411,
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 §143-21S.36 and 33 USC 1251 et. seq.
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Permit No. NCS000093
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 [40 CFR 122.41(1)(3), 122.611 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 122.221.
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 122.221.
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 122.221.
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Permit No. NCS000093
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:
'7 certify, under penaltyof law, that this document and all attachments were prepared under my
direction orsupervision in accordance with a system designed to assure that qualified personnel
properlygother 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 far submitting false information,
including the possibility offines and imprisonmentfor knowing violations."
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.
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 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
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 Cc)].
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
Page - 18
Permit No. NCS000093
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
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 measurable
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 122.41(j)],
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.
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.
Page - 19
Permit No. NCS000093
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),
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 S 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 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 Monitorine Renorts
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 (https://deg.nc.gov/about/divisions/energy-
mineral-land-resources/nudes-st.orni water -individual). 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.
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 [40 CFR §122.41(1)].
Page - 20
Permit No. NCS000093
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
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.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged [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)].
7. spills
The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills
as defined in Part 1V 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
2S gallons that cannot be cleaned up within 24 hours.
8. mass
Notice [40 CFR 122.41(m)(3)1:
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.
Page - 21
Permit No. NCS000093
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(l) (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)].
Page - 22
Permit no. NCS000093
PART IV DEFINITIONS
Act
See Clean Water Act_
2. Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical.
When adverse weather conditions prevent the collection of samples during the sample period, the
permittee must take a substitute sample or perform a visual assessment during the next qualifying
storm event. Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with 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.
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:
htt .j www.epa.goovv/npdes/national-menu„ est _rnanagemgnt-practices-bmps-stormwater#edu.
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 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 Environmental Quality.
10. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
Permit No. NCS000093
11. EMC
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.
1s. Measurable 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 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.
Page - 24
Permit No. NCS000093
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:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title 111, Section 313 reporting
requirements; and
c. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table I1 (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. 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 (SDO1
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.
Page - 25
Permit No. NCS000093
30. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying Stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in "industrial activities" include those activities defined in
40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded
from the NPDES program.
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 Daily Load CTMDLI
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 TM DLs for the state of North Carolina can be
found at https://deg.ncgov/about/divisions/water-resources f nlanning/modeling-
assessment/tmd lsld raft -a nd-approved-tmd Is.
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. For the purposes of this permit, vehicle maintenance activity includes
equipment maintenance that uses hydraulic oil and that is stored or used outside, or otherwise
exposed to Stormwater.
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 2S years.
Page - 26
Bennett, Bradley
From: Reed, Isaiah L
Sent: Wednesday, September 05, 2018 11:03 AM
To: Bennett, Bradley; Georgoulias, Bethany; Aiken, Stan E
Subject: Individual permit inspection for BRO Inc.
Bradley,
Below is the language used in the inspection report I am sending out today concerning BRP Inc. in Spruce Pine.
************
On August 28, 2018 this facility was inspected for compliance. I met with Bernice Wilson and others on site. The facility
was also inspected to confirm applicability of pending individual permit renewal. During the inspection, the following
items were noted:
1) An area was observed outside the facility which was being used to store a large number of steel cages. After inquiry, it
was explained that these cages hold aluminum parts for a washing/drying process. The permitee is directed to confirm
that these cages do not present any opportunity to expose any chemicals to precipitation when stored outside after use.
The permitee is also directed to provide a written summary of the industrial process associated with these cages to the
regional office.
2) A chemical storage area was observed at the facility containing a large number of used chemical drums. Due to the
total storage volume of these containers, this area must be under secondary containment to be in compliance with the
permit. The permitee is directed to immediately begin the process of designing and implementing secondary
containment for the chemical storage area.
Isaiah L. Reed, BSc, MS4CECI, CEPSCI
Environmental Specialist
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
Land Quality Section, Asheville Regional Office
Phone: (828) 296 4614
Email: Isaiah. reed@NCDENR.gov
2090 US Hwy 70
Swannanoa, North Carolina 28778
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
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Central Files: APS ` SWP _
9/18/2018
Permit Number NCS000093 Permit Tracking Slip
Program Category Status Project Type
NPDES SW Active Renewal
Permit Type Version Permit Classification
Stormwater Discharge, Individual 3.00 Individual
Primary Reviewer
bradley.bennett
Coastal SWRule
Permitted Flow
0
Facility
Permit Contact Affiliation
Roger Crawford
200 Sea Horse Or
Waukegan IL 60085
Facility Name
MajorlMInor Region
BRP US, Inc.
Minor Asheville
Location Address
County
1211 Greenwood Rd
Mitchell
Facility Contact Affiliation
Spruce Pine NC 28777
Bernice Wilson
8 Environment Health Safety
1211 Greenwood Rd
Owner
Spruce Pine HC 28777
Owner Name
Owner Type
BRP US, Inc.
Nan -Government
Owner Affiliation
Henry Street
1211 Greenwood Rd
Dates/Events
Spruce Pine NC 28777
Scheduled
Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration
8/31/1994 10/27/2014 7/17/2018 7/29/2018 9/18/2018 9/18/2018 8/31/2023
Regulated Activities Requested /Received Events
Stormwater (activities not covered) Region comments on draft requested 7125118
Region comments on draft received 915118
Outfall 001
Waterbody Name
English Creek
Stream[ndex Number
7-2-42
Current Class Subbasin
C;Tr 04-03-06
ROY COOPER
trnr: rnn:'
f
z-
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
July 25, 2018
Ms. Bernice Wilson
BRP US Inc.
1211 Greenwood Road
Spruce Pine, NC 28777
MICHAEL S. REGAN
WILLIAM E. (TOBY) VINSON. JR.
0�
of" ITU t--�r�
Subject. Draft NPDES Stormwater Permit
Permit No. NC5000346
Insteel Wire Products /
Surry County
Dear Ms. Ellis:
Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft
carefully to ensure thorough understanding of the conditions and requirements it contains.
The draft permit contains the following significant changes from the facility's current permit:
1. You are required to collect analytical and qualitative monitoring samples during "measurable
storm events" as defined in Part EI, Section B. This term is different from the "representative
storm event" in earlier permits.
2. Requirements for the Stormwater Pollution Plan (SPPP) have been updated in Part II, Section A.
3. Monitoring requirements in the draft permit have changed slightly from the previous permit.
Monitoring is proposed for Total Suspended Solids (TSS), Total Recoverable Aluminum (Al), and pH.
These are the same parameters as monitored in your previous permit. Stormwater benchmarks
remain in the permit as before. There is one change in your benchmark numbers. Your facility
discharges to Trout waters. The benchmark for TSS in these waters is 50 mg/L. This was
incorrectly set at the standard 100 mg/L in your previous permit.
Keep in mind that benchmarks are not permit limits, but rather guidelines for implementing the
Stormwater Pollution Prevention Plan (SPPP). A benchmark exceedance is not a permit violation;
however, the permittee must respond to exceedances. The draft permit has modified the tiered
response process for benchmark exceedances consistent with other permits in our program.
Please become familiar with the tiered process as proper response under the tiers may be
enforceable items under your permit. Response to the tiered process may include review of onsite
conditions, installation of BMPs or requirements for more frequent monitoring.
State of North Carolina I Enviranmenial Quality, I Enerby. Mineral and Land Resources
1612 Mail Senice Center 1 S 12 North Salisbury Street I Raleigh, NC 27699-1612
919 707 9200 T
NCS000093 Draft Permit
Page 2
4. Vehicle maintenance (Tables 4 & 5) monitoring parameters have been revised. Non -Polar Oil &
Grease (EPA Method 1664 (SGT-HEM)] replaces Oil & Grease/TPH. The benchmark for Non -polar
Oil & Grease using this method is 15 mg/L. This requirement appears in all individual stormwater
permits; however, it only applies to facilities that perform onsite vehicle maintenance activities. If
the facility begins vehicle maintenance during the permit cycle, the requirements shall apply. Also,
pH monitoring is no longer required for discharges only associated with vehicle maintenance
activities.
The vehicle maintenance language in the permit has also been modified to clarify that these
activities include notjust•vehicles, but also other similar equipment maintenance activities that
may be exposed to stormwater. This has always been the Division's implementation of this
requirement, but hopefully the adjusted language is a little clearer about this process.
S. Language has been added under Part II Section D to address potential responses to qualitative
monitoring issues.
6. A new section on Special Conditions has been added in Part II, Section E to comply with federal
regulations requiring electronic submittal of discharge monitoring reports. Our electronic
submittal process is not available for use at this time, but we will continue to provide feedback on
when this process will be available.
7. Civil and administrative penalty amounts have been updated to reflect current federal law in Part
III, Section A, 2(b) and (g).
8. The definition of Bulk Storage of Liquid Materials was revised in Part IV Definitions to omit the
language "located in close proximity to each other' as it applies to multiple above ground storage
containers having a combined storage of 1,320 gallons.
Please review the draft permit and submit any comments to me no later than 30 days following your
receipt of the draft. Comments maybe emailed tome at brad ley•bennett@ncdenr.gov or mailed to my
attention at NC DEMLR, Stormwater Permitting Program, 1612 Mail Service Center, Raleigh, NC 27699-
1612. With this notification the Division will solicit comment on this draft by publishing a notice in a local
newspaper. Following the 30 day public comment period, the Division will review comments and take
appropriate action prior to issuance of the final permit.
If you have any questions, please email me or call me at (919) 807-6392.
Sincerely,
Bradley Bennett
Stormwater Permitting Program
Attachment: Draft Permit NCS000093
cc: Stan Aiken, DEMLR Asheville Regional Office —via email
Stormwater Permitting Program Files
NCS000093 DRAFT PERMIT
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
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,
is hereby authorized
stormwater from a facility located at
'V BRP US, Inc.
11 Greenwood Road
Spruce Pine, NC
Mitchell County
to receiving waters designated as English Creek, a class C;Tr stream in the French Broad
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 October 1, 2018.
This permit and the authorization to discharge shall expire at midnight on September 30,
2023.
Signed this day September 30, 2018.
for William E. (Toby) Vinson Jr., P.E., CPESC, CPM, Interim Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NC5000093 DRAFT
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
A
PART 11 MONITORING, CONTROLS, AND LIMITATIONS -FOR PERMITTED
DISCHARGES %
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirem
Section C: Qualitative Monitoring Requirements
Section D: Special Conditions
�n
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
Section A: Compliance•andLiability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
b. Property Rights
7. Severability
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
Permit No. NCS000093 DRAFT
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 Polluti nC Controls
1. Proper Operation and Mainte is ce
2. Need to Halt or Reduce Not a -Defense
3. Bypassing of Stormwater Control•Facilities
Section D: Monitoring and Records /
1. Representative Samr)IinLj
2. Recording Results
3. Flow M ) ur e
4. TestProced ures
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
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
ii
Permit No. NCS000093 DRAFT
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 NP1 ES s armwater permit; and must recertify
the No Exposure Exclusion annually. // � �Y
SECTION B: PERMITTED ACTI
Until this permit expires or is modifiecl,o�/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.
Page - 1
SECTION C: LOCATION MAP
Permit No. NCS000093 DRAFT
Latitude: 35' 54' 35" N NCS000093
Longitude: 82° 05' 30" W
County: 'Mitchell BRP US Inc.
Stream Class: C: Tr
Receiving Stream: English Creek
Sub -basin: 04-03-06 (French Broad River Basin)
Facility
R
Location
effD'tth Not to Scale
Page - 2
Permit No. NCS000093 DRAFT
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 SPPPshall include, at a minimum,
the following items:
I. Site Overview. The Site Overview shall provide a,description of the physical facility
and the potential pollutant sources that mayrbe expected to contribute to
11 contamination of stormwater discharges fThe Site Overview shall contain the following:
(a) A general location map (USGS quadraogl ffiap 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 generallo cation 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.
Page - 3
Permit No. NCS000093 DRAFT
(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 rage areas, material handling operations,
and manufacturing or fueling operations. In�areas where elimination of exposure is
not practical, this review shall documer t16 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 ofiliquid materials. storage in any amount of Section 313
of Title III of the Superfund Mriendments 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 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. The Division may allow exceptions to secondary
containment requirements for mobile refuelers, as with the exemption provided by
amendments to federal SPCC regulations, as long as appropriate spill containment
and/or diversionary structures or equipment is used to prevent discharge to surface
waters. Exceptions do not apply to refuelers or other mobile tankage used primarily
as bulk liquid material storage in a fixed location in place of stationary containers.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs
Page - 4
Permit No. NCS000093 DRAFT
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
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 operationsxThe SPRP must be site stormwater
specific. Therefore, an oil Spill Prevention Cont�l'and'Countermeasure plan (SPCC)
may be a component of the SPRP, but may notbe sufficient to completely address the
stormwater aspects of the SPRP. The, y
common elements of the SPCC with the SPRP may
be incorporated by reference into the�SPRP�
4. Preventative Maintenanc�e,and oG od,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 II 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
Page - 5
Permit No. NCS000093 DRAFT
personnel responsible for implementing the training shall be identified, and their
annual training shall be documented by the signature of each employee trained.
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.
B. 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 annuahbasis. The annual update
shall include: ��
(a) an updated list of significant spills or 1 aks 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: https://de .nc.pov/about/divisions/energy-mineral-land=
resources/npdes-stormwater-individual}.
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 111, 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.
Page - 6
Permit No. NCS000093 DRAFT
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 permittees 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,Defrnitions.
The permittee shall compare monitoring results td.the•benchmark values in Table 1.
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. Intheevent, that the Division releases the permittee from
continued monthly monitoring'and reportinfg 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.
The benchmark values in Ta 1 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.
Please note that the parameters in the last two rows in Table 1 (non -polar oil and grease
and new motor oil usage) are only required for outfalls that discharge runoff from vehicle
or equipment maintenance areas in which more than SS gallons of new motor oil and/or
hydraulic oil per month is used when averaged over the calendar year.
Table 1. Analytical Monitoring Requirements
Parameter
Discharge
Measurement
Sample
Sample
Bench -
Code
Characteristics
Units
Fre uenc 1
Type2
Location3
mark
C0530
Total Suspended Solids (TSS)
mg/L
semi-annual
Grab
SDO
50
H W, ORW, Tr and PNA
400
pH
standard
semi-annual
Grab
SDO
6-9
1105
Total Recoverable Aluminum CAI
m L
semi-annual
46529
Total Rainfa114
inches
semi-annual
Rain Gauge
-
Non -Polar Oil & Grease by EPA
552
Method 1664 (SGT-HEM) for
mg/L
semi-annual
Grab
SDO
15
outfalls with vehicle/equipment
maintenance activities5
New Motor Oil Usage
Gallons/
--
for outfalls with vehicle/
month
Semi-annual
Estimate
--
equipment maintenance activities5
Page - 7
Permit No. NCS000093 DRAFT
EQotnotes:
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. /� ��� /7 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.
5 This parameter is only required for outfalls that discharge runoff from vehicle /equipment maintenance
areas in which more than 55 gallons of new motor oil per,month is used when averaged over the
calendar year.
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)- S\ampling 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 II1, Section E). However, for purposes
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
Semi -Annual
Monitoring Events',?
Start Date
(All Years)3
End Date
(All Years)3
Period 1
January 1
June 30
Period 2
July 1
December 31
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.
3 Monitoring periods remain consistent through the permit term and through the renewal process.
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
Page-8
Permit No. NCS000093 DRAFT
outfall during a monitoring period does not constitute failure to monitor, as long as it is
properly recorded and reported.
Tier One
If. The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at
an outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results.
2. Identify and evaluate possible causes of the benchmark value 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 tb,bring concentrations within the benchmark
range.
4. Implement the selected feasible actions within two monthsof 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 paramete rigger a tiered res onse.
Tier Two
If. The first valid sampling results from two.coniecutive monitoring periods (omitting periods with no discharge) are
above the benchmark values, or outside of the,benchmark range, for any specific parameter at a specific discharge
outfall; " v
Then: The permittee shall: 1
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.
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 recei t of the fourth anal cal 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.
Page - 9
Permit No. NCS000093 DRAFT
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
during required analytical monitoring events (unless the permittee is required to perform
further qualitative monitoring per the Qualitative`Moriitoring.Response, below). Inability
to monitor because of adverse weather conditions must be documented in the SPPP and
recorded on the Qualitative Monitoring Report form.( ee Adverse Weather in Definitions).
Only SDOs discharging stormwater associated with, industrial activity must be monitored
(See Definitions).
In the event an atypical condition is noted at'a stormwater discharge outfall, the permittee
shall document the suspected ca se,of the condition and any actions taken in response to
the discovery. This documentatiomwlll,v aintained with the SPPP.
Table 6. Qualitative,Monitoring Requirements
Discharge Characteristics
Frequencyl
Monitoring
Location2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Footnotes:
1 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. 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.
Page - 10
Permit No. NCS000093 DRAFT
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.
Qualitative monitoring is for the purposes of evaluating SP.PP 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 nr�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 othe sr tormwater 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: SPECIAL CONDITIONS
ELECTRONIC REPORTING OF MONITORING REPORTS [G.S.143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and
became effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within
Part III of this permit (Standard Conditions far NPDES Permits):
• Section B. (3.) Signatory Requirements
• Section D. (6.) Records Retention
• Section E. (1.) Discharge Monitoring Reports
• Section E. (2.) Submitting Reports
1. Reporting Requirements [upplements Section E. _(1.) and Supersedes Section E.
L"
Effective December 21, 2016 or when the agency's electronic reporting system is able
to accept NPDES stormwater permit monitoring data, the permittee shall report
discharge monitoring data electronically using the NC DWR's Electronic Discharge
Page - 11
Permit No. NCS000093 DRAFT
Monitoring Report (eDMR) internet application. NC DEMLR will notify permittees
when eDMR is ready to accept stormwater monitoring data.
Monitoring results obtained during the previous month(s) shall be summarized for each
month and submitted electronically using eDMR. The eDMR system allows permitted
facilities to enter monitoring data and submit DMRs electronically using the internet.
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 also will be
required to complete the eDMR submission by printing signing, and submitting one
signed original and a copy of the computer printed a/DMR t�� following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files 2/
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due
to the facility being physically located inan-areawhere less than 10 percent of the
households have broadband,access,,then a temporary waiver from the NPDES
electronic reporting requirements -may be granted and discharge monitoring data may
be submitted on paper DMR forms or alternative forms approved by the Director.
Duplicate signed copies shall be submitted to the mailing address above. See "How to
Request a Waiver from Elonic Reporting' section below.
Regardless of the submission method, the first DMR is due no later than 30 days from
the date the facility receives the sampling results from the laboratory.
2. How to Request a Waiver from Electronic Reporting,
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least sixty
(60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not
exceed S years and shall thereupon expire. At such time, monitoring data and reports
shall be submitted electronically to the Division unless the permittee re -applies for and
is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver
are found on the following web page:
http: /1decnc.gov/about/divisions/water-resources/edmr
Page - 12
Permit No. NCS000093 DRAFT
3. Signatory Requirements fSuonlements Section B. (3.) (bl, and Suaersedes Section
B. (3.1 f d
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part III, Section B. (3.) (a) or by a duly authorized representative of that
person as described in Part I11, Section B. (3.)(b). A person, and not a position, must be
delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the,eDMR system. For more
information on North Carolina's eDMR system,,registering for eDMR and obtaining an
eDMR user account, please visit the following ,wi b page \
Certification. Any person submitting an%electroni&-DMR using the state's eDMR system
shall make the following certification'[40 CFR12.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
7certify, under penalty of law, this document and all attachments were prepared
under my direction orsupervision 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 perssonns,who manage the system, or those persons directly
responsible forgathering the,ihformation, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
4. Records Retention [Supplements Section D. fi.n
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3
years from the date of the report. This period may be extended by request of the
Director at any time [40 CFR 122.41].
Page - 13
Permit No. NCS000093 DRAFT
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the initial permit and updated thereafter on ari 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 + permitfissuance.�
l\u(\
New Facilities applying for coverage for the firsttime:,,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 I1, Section A, Paragraph 2 (b) of this permit shall
'be accomplished prior to the beginning of
stormwater discharges from the operatiioon(of/the industrial activity.
N /� I
Existing facilities previouslypermitted 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 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.
2. 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 122.41].
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 $51,570 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)].
Page - 14
Permit No. NCS000093 DRAFT
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 thanA5 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 irrprisonment.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
11
can be fined up to $2,000,000 for second or subsequenvictions [40 CFR 122.41(a)(2)].
f. Under state law, a civil penalty of not more $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 Genera].Statute-s-§§,143-215.6A].
g. Any person may be asset ssed.an ad ministrtratiive penalty by the Administrator for violating section
301, 302, 306, 307, 308, 318 or405•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 $20,628 per violation, with the
maximum amount �oflany Class I penalty assessed not to exceed $51,570. Penalties for Class I1
violations are not to exceed,$20,628 per day for each day during which the violation continues,
with the maximumlamount of any Class II penalty not to exceed $257,848 [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(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 riminal 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.
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)].
Page - 15
Permit No. NCS000093 DRAFT
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 InforMatign
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 bythis 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 $10,060,per violation, or by imprisonment for not
more than two years per violation, or by both. If a convictian 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 imprisonmentlof.not more than 4 years, or both [40 CFR 122.411.
10, Penalties for Falsification of Re orts� KI ��Ir
The Clean Water Act provides,that any, person who knowingly makes any false statement,
representation, or certification in anyrecord or other document submitted or required to be
maintained under this permit including•monitoring reports or reports of compliance or
noncompliance shall, upon,co wn ction 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 C ns ruction
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. Day 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.
Page - 16
Permit No. NCS000093 DRAFT
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(l)(3), 122.611 or state
statute. The Permittee is required to notify the Division in writing in the event the permitted
facility is sold or closed.
3. S_gna aU 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 corpoiat`e'officer. For tfie 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 funct ons 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].
Page - 17
Permit No. NCS000093 DRAFT
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. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
4. Permit Modification. Revocation and Reissuance. or Terminal
The issuance of this permit does not prohibit the Peiznit 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 a]. --\ \ %
S. Permit Actions �r /
The permit may be modified, revoked and-reissued,�or terminated for cause. The notification of
planned changes or anticipated noncomplianced es not stay any permit condition [40 CFR
6. Annual Administering and C4mpI\i Momtormg 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 -thee Division to initiate action to revoke the permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper ration 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)].
Bypassing gf Stormwater C ntr 1 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
Page - 18
Permit No. NCS000093 DRAFT
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 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 permitshall not be changed without
notification to and approval of the Permit Issuing Authority [40 CF.R'122.410)].
2. Record ng 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 samplin /� measurements;
'
b. The individual(s) who performed -the sampling or measurements;
C. The date(s) analyses were performed;
d. The individual(s) whop re farmed he analyses;
e. The analytical techniques or methods used; and
f. The results of such analvses. )J
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.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that
are required to be sampled, the permittee may petition the Director for representative outfall status.
If it is established that the stormwater discharges are substantially identical and the permittee is
granted representative outfall status, then sampling requirements may be performed at a reduced
number of outfalls.
Page - 19
Permit No. NCS000093 DRAFT
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),
o copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period oEat 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]. ! f ��� �/�
7. Inspection and Entry
The permittee shall allow the Director, or an auth(4ed,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 he discharge, upon the presentation of
credentials and other documents as \1 may
be required qui� d by law, to:
a. Enter upon the permittee,s preen`iisees where as 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, oroperations 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 Monitori
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 (https://deq.nc.gov/about/divisions/energy-
mineral-land-re sourceslnpdes-stormwater- individual) . 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.
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 [40 CFR §122.41(1)].
Page - 20
Permit No. NCS000093 DRAFT
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 Re,pprts
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 2-7699-161.7
3. Availability of,Rgports
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
// ) . \J/
shall not be considered confidential. Knowingly�making any false statement on any such report may
result in the imposition of criminal penalties as' pr vided for in NCGS 143-215.613 or in Section 309 of
the Federal Act./
4. Nan-Stormwater Discharggs\
If the storm event monitored ih 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)].
7. Snills
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. mass
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.
Page - 21
Permit No. NCS000093 DRAFT
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
b. The Director may waive the written report on a case-by^-ca`see basis of r reports under this section
if the oral report has been received within 24 ttours' \�/
c. Occurrences outside normal business hours,may also bd'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 submi\ttedd[[40•CFR 122.41(1)(7)].
11. Other information V
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit
i,\,
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly sul mitsuch facts or information [40 CFR 122.41(1)(8)].
Page - 22
NCS000093 DRAFT PERMIT
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 SPPP records. Adverse wea\thendoes 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 owthe �elevant)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 byanon-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,fro m�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 ofan emergency.
4. Best Management Practices
Measures or practices used to redi ce-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:
h � �t R/%www.e pa.Eovjnnd�e�ational-menu-best-management-practices-burps-stormwater#edu.
S. 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 Stage of LWuid 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 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 Environmental Quality.
10. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
Permit No. NCS000093 DRAFT
11. �viC
The North Carolina Environmental Management Commission.
12, Grab Sam ire
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 inl ion well, ahazardous waste long-term
storage facility or a surface storage facility.
15. Measureable Storm Event
A storm event that results in an actual discharge.ffrom 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/ approval from the local DEMLR Regional Office. Two
copies of this information add, ;writteWrequest.letter shall be sent to the local DEMLR Regional
Office. After authorization` by the.DEML_ R,Regional Office, a written approval letter must be kept on
site in the permittee's SPPP.
16. Municipal Separate Storm/S/ewer Syste\)m (M541
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 IssuingAuthority
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.
Page - 24
Permit No. NCS000093 DRAFT
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 Ch mic 1
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title,111 of the Superfund Amendments and
Reauthorization Act (SARA) of 1966, also titled the Emergency Planning and Community Right -
to -Know Act of 1966; �� \
b. Is present at or above threshold levels at a facility subject to-SARA title III, Section 313 reporting
requirements; and ��^
c. 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); /� /� Lnto
ii. Is listed as a hazardous substance p, ursusection 311(b)(2)(A) of the CWA at 40 CFR
116.4; or </\{ L�
iii. Is a pollutant for which EPA has,published acute or chronic water quality criteria.
25. Severe PropertXDamag�
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. 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).
2B. Stormwater Discharge Outfall CSDO)
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. Starmwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
Page - 25
Permit No. NCS000093 DRAFT
30. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in "industrial activities" include those activities defined in
40 CFR 122.26(b) (14). The term does not include discharges from facilities or activities excluded
from the NPDES program.
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 Daily Load (TMDL)
TMDLs are written plans for attaining and maintainingiwater 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 https: jjdeq.nc.gov/aboutjdivisions/water �esourcp%blanningjmodeling_-
asse$d entjti dn& /draft-and-approved-tmdls. 1n
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307{a)(I) of the Clean Water Act.
34. Vehicle Maintenance Activity J /�
Vehicle rehabilitation, mechan ca `poi `, painting, fueling, lubrication, vehicle cleaning operations,
or airport deicing operations. Forthe•purposes of this permit, vehicle maintenance activity includes
equipment maintenance that uses hydraulic oil and that is stored or used outside, or otherwise
exposed to stormwaterbOoth.mi
35. Visible_ Sedimentation
Solid particulate matteral 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 $torm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once
in 25 years.
Page - 26
NC Division of Energy, Mineral and Land Resources
Review for Permit Renewal — NC5000093
BRP US, Inc.
Spruce Pine, NC
• Facility Activities and Process - SIC 3365 — Aluminum Foundry. Facility makes headboards for boat engines. Lost
foam casting facility producing engine parts. Lost foam — foam mold of part made, surrounded with sand, aluminum
added in and foam is burned off leaving aluminum part.
• Monitoring —The facility has been monitoring for T55, Al, and pH. Previous permit did have tier system.
o Data from 2009 — 2016 shows only two exceedances of the Al benchmark. The TSS benchmark in the
previous permit was not correct. Since the facility drains to Trout waters the benchmark should have been
50 mg/L not 100. Data still did not exceed the 50 value.
o TS5 and pH are base parameters for ongoing evaluation of activities so these should remain in the permit
o Al should also remain. There have been two exceedances of the benchmark, but this is an aluminum
foundry so obviously this is a key parameter to evaluate.
o Parameters remaining in the permit —TSS, Al, pH.
o Tier structure adjusted to have the three levels as in current permits.
o Parameter codes added to permit.
o Previous permit only required monitoring at one of the six outfalls. Only one with industrial activitiy. May
want to get ARO to confirm.
• Discussion with Facility - Email to company contacts on 6/19/18 to start renewal discussions (Bernice Wilson) — Call
set up for 7/9/2018 -> No process changes at the facility. Have added three storage containers — self contained
storage. Will work to summarize data for last few years and will email it to us.
• Surface Water Information - Facility drains to English Creek 7-2-42 in the French Broad River Basin, a class C; Tr
stream. ** note Tr so lower T55 benchmark. 2016 Assessment Report does not list any impairments for English
Creek but does list a portion of North Toe as impaired for turbidity. English Creek travels over a mile to N. Toe River.
• NC National Heritage review — NHP report shows no aquatic resources of concern within project area. Within one
mile there is one species — 5harphead Darter- that is state threatened (not federal) but the occurrence rank is E —
not enough data to establish viability. Waters where this habitat appears to exist is the North Toe River which is
over a mile from the facility discharge. Again, the facility drains to a UT that then drains to North Toe. Does not
appear to be a potential impact from this facility.
• Regional Office Information - ARO — Draft permit to ARO by email on 7/25/2018. Isaiah Reed inspected facility on
8/28/2018, Inspection report in files points out a few areas noted in inspection — area used to store metal cages for
washing and drying and chemical storage area without secondary containment. Note these items in final permit
cover letter and direct to Isaiah in addressing these.
.t
s.
North Carolina Department of Natural and Cultural Resources
Natural Heritage Program
Govemor Roy Cooper Secretary Susi H. Hamilton
June 19, 2018
Bradley Bennett
NCDEQ
512 N. Salisbury Street
Raleigh, NC 27604
RE: BRP US Inc - Spruce Pine NC; NCS000093
Dear Bradley Bennett:
N C N H DE-6288
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information
about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database, indicates that there are
no records for rare species, important natural communities, natural areas, and/or conservation/managed areas
within the proposed project boundary. Please note that although there may be no documentation of natural
heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have
been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists.
In the event that rare species are found within the project area, please contact the NCNHP so that we may
update our records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been
documented within a one -mile radius of the property boundary. The proximity of these records suggests that
these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of
natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also
included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project
area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact
information for USFWS offices in North Carolina is found here:
https alwww.fws.govloffices/Directo rylListOffices.cfm?statecod a=37.
Please note that natural heritage element data are maintained for the purposes of conservation planning, project
review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions.
Information provided by the NCNHP database may not be published without prior written notification to the
NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP
data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature
Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed
species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance, please
contact Rodney A. Butler at rod ney.butlerQncdcr. gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
MAILING ADDRESS: Telephone- (919) 707-8107 LOCATION:
1651 Mall Service Center www.ncnhp.org 121 West Jones Street
Raleigh, NC 27699-1651 Raleigh, NC 27603
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
BRP US Inc - Spruce Pine NC
Project No. NCS000093
June 19, 2018
N C N H DE-6288
Element Occurrences Documented Within a One -mile Radius of the Project Area
)Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank
Amphibian 5832 Cryptobranchus Eastern Hellbender 2016-07-11 B 3-Medium Species of Special G3G4T S3
alleganiensis Concern Concern 2
alleganiensis
Dragonfly or 33446 Calopteryx amata
Superb Jewelwing 2004-Pre
H?
5-Very ---
Significantly
G4
Damselfly
Low
Rare
Freshwater Fish 15461 Etheostoma acuticeps
Sharphead Darter 2009-02-28
E
3-Medium Species of
Threatened
G3
Concern
Natural 34328 Montane Oak --Hickory
--- 2015-09-24
B
3-Medium ---
---
G3
Community Forest (Basic Subtype)
Reptile 6308 Crotalus horridus
Timber Rattlesnake 1935-06-28
H
4-Low ---
Special
G4
Concern
Vascular Plant 34002 Spiraea virginiana
Virginia Spiraea 2013-04
D
2-High Threatened
Threatened
G2
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name
Representational Rating
Collective Rating
Graveyard Creek Forests
R5 (General)
C4 (Moderate)
FRB/North Toe River/Nolichucky River Aquatic Habitat R2 (Very High)
C2 (Very High)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name _ _
Owner. _ _ _ _
Owner Type
Graveyard Creek Forest Registered Heritage Area
130 of Chatham, LLC
Private
Mitchell County Open Space
Mitchell County: multiple local government
Local Government
S1S2
S1
S3
S3
S2
Definitions and an explanation of status designations and codes can be found at httosalncnhde_natureserve.orglcontentlhelo. Data query generated on June 19, 2018; source: NCNHP, 02 April 2018. Please resubmit your
information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3
NCNHDE-6288: BRP US Inc - Spruce Pine NC
�L, 8101 s I a /lgfiq Ph
1211 Greenwood Road «*"
Spruce Pine, North Carolina 28777
United States
T 828.766.1100
F 828.765,2391
www.brp.com
October 21, 2014
DEMLR — Land Quality Section
Attn: Bradley Bennett, Supervisor
Stormwater Permitting Program
1612 Mail Service Center
Raleigh, NC 27699-1612
Subject: NPDES Stormwater Permit Coverage Renewal
BRP US Inc.
Spruce Pine, North Carolina
Mitchell County
Permit Number NCS000093
Dear Mr. Bennett:
The purpose of this letter is to request the renewal of Stormwater NPDES Permit NCS000093
issued to The BRP US Inc. facility located in Spruce Pine, Mitchell County. I have enclosed two
copies each of the completed "Renewal Application Form", "Stormwater Pollution Prevention
Plan Development and Implementation Certification" form and "Supplemental Information
Request" materials.
I apologize for the delayed submittal of this permit coverage renewal. As I explained via e-mail,
the renewal package was not received at the Spruce Pine facility. Once I reviewed the e-mailed
package you forwarded to me I realized it was originally sent to the attention of a Plant Manager
that is no longer with BRP to an address for the corporate facility in Sturtevant, Wisconsin.
Thank you once again for e-mailing the renewal package to me.
I trust this request and submission of information satisfies the requirements for permit renewal
pursuant to the applicable North Carolina Administrative Code 15A NCAC 2H.0105(e). Should
you need additional information or explanation, please contact me at (828) 766-1185.
Respectfully,
Bernice Wilson
Environment, Health and Safety
Cc: Henry Street
RECEIVED
OCT 2 7 2014 Lynx oo
Lynx
1v'
Sea-Doo
DENR-LAND QUALITY Evinrude
STORMVrVATER PERNO T ING Ro
Cann --
Am
Permit Coverage Permit Number
ARA
Renewal ApplicationForm NCS000093
National Pollutant Discharge Elimination System
NCDENRStormwater Discharge Permit
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 / Organization Name:
Owner Contact:
Mailing Address:
Phone Number:
Fax Number:
E-mail address:
* Reissued Permit will he marled to the owner address
BRP US, Inc.
c�� rArr_C 7
i
Facility/Permit Contact Information
Facility Name: BRP US, Inc.
Facility Physical Address
Facility Contact:
Mailing Address:
Phone Number:
Fax Number:
E-mail address:
Discharge Information
Receiving Stream
Stream Class:
Basin:
Sub -Basin:
Number of Outfalls:
1211 Greenwood Rd
Spruce Pine, NC 28777
English Creek RECEIVED
C;Tr OCT 2 i 2014
French Broad River Basin
04-03-06 DENR-LAND OUALITY
STORMWATER PERMITTING Co rCfTA` LLV M0ul7v9_ m, !
Impaired Waters/TMDL
Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? ❑ Yes No ❑ Don't Know
(for information on these waters refer to http://h2o.enr.state.nc.us/su/Impaired Waters TMDL/
CERTIFICATION
certify that 1 am familiar with the information contained in the application and that to the best of my knowledge and belief such
information is true, complete and accurate.
Signature
Print or type name of person signing above
Date M A 3 1 ct
+PAW 41AAM -
Title
Stormwater Permitting Program
Please return this completed renewal application form Individual Permit Renewal
and other required supplemental information to: 1612 Mail Service Center
Raleigh, North Carolina 27699-1612
SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES
STORMWATER PERMIT
Two copies of each of the following shall accompany this submittal in order for the application to be
considered complete:
(Do not submit the site Stormwater Pollution Prevention Plan)
Initials
6114) 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of
industrial activities (including storage of materials, disposal areas, process areas and
loading and unloading areas), drainage structures, drainage areas for each outfall,
building locations and impervious surfaces should be clearly noted.
till. I! 2. A summary of Analytical Monitoring results during the term of the existing permit (if your
permit required analytical sampling). Do not submit individual lab reports. The summary
can consist of a table including such items as outfall number, parameters sampled, lab
results, date sampled, and storm event data. H
%M 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports.
The summary can consist of a table including such items as outfall number, parameters
surveyed, observations, and date monitoring conducted.
yt� 4. A summary of the Best Management Practices utilized at the permitted facility. Summary
should consist of a short narrative description of each BMP's in place at the facility. If the
implementation of any BMP's is planned, please include information on these BMP's.
rnl 5. A short narrative describing any significant changes in industrial activities at the permitted
facility. Significant changes could include the addition or deletion of work processes,
changes in material handling practices, changes in material storage practices, and/or
changes in the raw materials used by the facility.
tits C. Certification of the development and implementation of a Stormwater Pollution Prevention Plan
for the permitted facility (Sign and return attached form).
If the final year analytical monitoring of the existing permit term has not been completed prior
to filing the renewal submittal, then the last years monitoring results should be submitted within 30
days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results)
SUPPLEMENTAL INFORMATION
FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT
BRP US Inc. Spruce Pine, Mitchell County
Permit No. NCS000093
1. Current Site Map attached
2. Analytical Monitoring Summary attached
3. Visual Monitoring Summary attached
4. Best Management Practices Summary attached
5. Significant Changes in Industrial Activities Summary attached
6. Certification of the development and implementation of a SWPP Plan attached.
BKP-5PPFlUWU 10/23/14 1-90 LKM/LKM
\
STORMWATER EXPOSURE
1,
SOD -GAL HYD, OIL TANK (UNDER ROOF)
'
2.
250-CAL HYD, OIL TANK (UNDER ROOF)
3.
SCRAP TUBING/SHEET METAL
\
4.
MISC. STORAGE
5.
LOADING DOCK
6.
TRASH COMPACTOR (ENCLOSED)
7.
30 CU YARD TRASH ROLL -OFF (OPEN)
/
\
OUTFACE NO. 1
8
<NK 288-GAL DIESEL TAWS
IN PUMP HOUSE
IN
9.
COVERED CANDY AREA
�-
-FLOOR SWEEPER/20 YD SPENT SAND
TER STORAX
ROLL OFF
-METAL CHIP 11UMPSTER AND
COOLANT RECYCLING PROCESS
Q�f
(2) we
VAPQMZEM
10.
-EMPTY DRUM
MAK, HAZ WASTE, OILS, COOLANTS,
SHOP
& PART
CONTAINMENT BLOCS
CFO !
IL
ISCC..AGE PALLET STORAGE
DETENOON �7
3 DO
®
I2.
13,
14,
METAL PARTS IN WIRE BASKETS
COOLING TOWER
DUST COLLECTORS, SAND PRETREAT.
POND
13.
RTO STACK
OUTFALL N0. 3
�V/ 1
16.
RTC BAGHOUSE
-r
17,
SHIPPING AND RECEIVING
ELECTRIC
9
7
SUBSTATION
o OUTF NO.6
OOUTFALL
J
NO. 2
OFFICE
DIT10N
PROPANE
TANK FARM
,(3) 30,000-GAL TANKS
co
00
BULK
PROPANE UNLOAD AREA
TTT Z
PARKINGAREAS
p
�a
NOTES:
1
�{
1. OUTFALL NO. 1 RUNOFF AREA
OUTFALL NO. 5
TOTAL AREA - 305,845 SO Fi
G)
IMPEHNOUS 244.415 50 FT
,
PERVIOUS 61.427 SO FT
RUNOFF COEF 0.603
� OUTFACE N0. 4
2. OE[ENTIOM POND WILL HOLD A ONE INCH RAINFALL
3. OUTFALLS NO. 2 & 3 RUNOFF IS FROM UNDEVELOPED AREAS.
l
SCALE IN FEET
4. OUTFALLS NO. 4 & 5 ARE PART OF EMPLOYEE PAWNG AREA
5. OUTFALL NO. 6 CONSISTS OF ROOF DRAINAGE.
0 90 180
SITE PLAN
AND
DRAINAGE PATTERNS
FIGURE
ERM N C, INC.
BRP
US INC.
2
ERM
SPRUCE
PINE,
NORTH CAROLINA
BRP US Inc. Spruce Pine ANALYTICAL MONITORING SUMMARY
Stormwater Permit NCS000093
Mitchell County
MONITORING
PERIOD
MONITORING SCHEDULE
Year
Number
Period
Number
Sample
Number
Start
End
Outfall
No.
Sample
Hate
Total
Rainfall
Event
Duration
(hrs)
TSS
(mg/L)
pH (Units)
o a
Aluminum
(mg/L)
1
1
1
1 3/1/2009
8/31/2009
001
8/11/2009
0.27
1.1
6.1
6.7
1 ND
1
2
2
9/1/2009
2/28/2010
001
2/22/2010
0.44
2.1
3.5
6.8
0.154
2
1
3
3/1/2010
8/31/2010
001
8/17/2010
0.7
0.7
7.4
6.46
15
2
2
4
9/1/2010
2/28/2011
001
2/24/2011
0.52
8.5
12.7
6.25
ND
3
1
5
3/1/2011
8/31/2011
001
8/31/2011
0.11
0.58
10.2
6.1
0.248
3
2
6
9/1/2011
2/29/2012
001
2/1/2012
0.18
1.5
45.1
6.2
0.496
4
1
7
3/1/2012
8/31/2012
001
8/23/2012
0.24
0.75
25
7.42
0.371
4
2
8
9/1/2012
2/28/2013
001
2/7/2013
0.75
7.4
26.4
6.27
0.821
5
1
9
3/1/2013
8/31/2013
001
8/31/2013
5
2
10
9/1/2013
2/28/2014
001
2/28/2014
@
@
@
@
@
1
1
1
3/1/2014
�8/31/2014
001
8/20/2014
0.31
1.08
7.6
8.46
ND
* no sample collected due to unusual frequency of precipitation preventing a qualifying event
@ no sample collected as pond was drained for preventive maintenance and restoration to design capacity
BRP US Inc. Spruce Pine VISUAL MONITORING SUMMARY
Stormwater Permit NCS000093
Mitchell County
DATE
LOCATION
COLOR
ODOR
CLARITY
FLOATING
SOLIDS
SUSPENDED
SOLIDS
FOAM
OIL SHEEN
EROSION OR
DEPOSITION
AT OUTFALL
COMMENTS
Outfall No. 1
None
None
Clear
None
None
None
None
None
Outfall No. 2
None
None
Clear
None
None
None
None
None
8/11/2009
Outfall No. 3
None
None
Clear
None
None
None
None
None
Outfall No. 4
None
None
Clear
None
None
None
None
None
Outfall No. 5
None
None
Clear
None
None
None
None
None
Outfall No. 6
None
None
Clear
None
None
None
None
None
Outfall No. 1
None
None
Clear
None
None
None
None
None
Outfall No. 2
None
None
Clear
None
None
None
None
None
Outfall No. 3
None
None
Clear
None
None
None
None
None
2/22/2010
Outfall No. 4
None
None
Clear
None
None
None
None
None
Outfall No. 5
None
None
Clear
None
None
None
None
None
Outfall No. 6
None
None
Clear
None
None
None
None
None
Outfall No. 1
None
None
Clear
Vegetative
Debris
Minimal
None
None
None
Outfall No. 2
None
None
Clear
None
None
None
None
None
8/17/2010
Outfall No. 3
None
None
Clear
None
None
None
None
None
Outfall No. 4
None
None
Clear
None
None
None
None
None
Outfall No. 5
None
None
Clear
None
None
None
None
None
Outfall No. 6
None
None
Clear
None
None
None
None
None
Outfall No. 1
None
None
Clear
None
None
None
None
None
Outfall No. 2
None
None
Clear
None
None
None
None
None
Outfall No. 3
None
None
Clear
None
None
None
None
None
2/24/2011
Outfall No. 4
None
None
Clear
None
None
None
None
None
Outfall No. 5
None
None
Clear
None
None
None
None
None
Outfall No. 6
None
None
Clear
None
None
None
None
None
Outfall No. 1
None
None
Clear
Minimal
None
None
None
None
Outfall No. 2
None
None
Clear
None
None
None
None
None
Outfall No. 3
None
None
Clear
None
None
None
None
None
8/31/2011
Outfall No. 4
None
None
Clear
None
None
None
None
None
Outfall No. 5
None
None
Clear
None
None
None
None
None
Outfall No. 6
None
None
Clear
None
None
None
None
None
BRP US Inc. Spruce Pine VISUAL MONITORING SUMMARY
Stormwater Permit NCS000093
Mitchell County
DATE
LOCATION
COLOR
ODOR
CLARITY
FLOATING
SOLIDS
SUSPENDED
SOLIDS
FOAM
OIL SHEEN
EROSION OR
DEPOSITION
AT OUTFALL
COMMENTS
Outfall No. 1
Dingy
None
Clear
None
None
Minimal
None
None
Outfall No. 2
None
None
Clear
None
None
None
None
None
2/1/2012
Outfall No. 3
Outfall No. 4
None
None
None
None
Clear
Clear
None
None
None
None
None
None
None
None
None
None
Outfall No. 5
None
None
Clear
None
None
None
None
None
Outfall No. 6
Done
None
Clear
None
None
None
None
None
Outfall No. 1
Dingy
None
Clear
None
None
Minimal
None
None
Outfall No. 2
None
None
Clear
None
None
None
None
None
Outfall No. 3
None
None
Clear
None
None
None
None
None
8/23/2012
Outfall No. 4
None
None
Clear
None
None
None
None
None
Outfall No. 5
None
None
Clear
None
None
None
None
None
Outfall No. 6
None
None
Clear
None
None
None
None
None
Outfall No. 1
Dingy
None
Clear
None
None
None
None
None
Outfall No. 2
None
None
Clear
None
None
None
None
None
Outfall No. 3
None
None
Clear
None
None
None
None
None
2/7j2013
Outfall No. 4
None
None
Clear
None
None
None
None
None
Outfall No. 5
None
None
Clear
None
None
None
None
None
Outfall No. 6
None
None
Clear
None
None
None
None
None
Outfall No. 1
Dingy
None
Clear
None
None
None
None
None
Outfall No. 2
None
None
Clear
None
None
None
None
None
Outfall No. 3
None
None
Clear
None
None
None
None
None
3/5/2013
Outfall No. 4
None
None
Clear
None
None
None
None
None
Outfall No. 5
None
None
Clear
None
None
None
None
None
Outfall No. 6
None
None
Clear
None
None
None
None
None
Outfall No. 1
None
None
Clear
None
None
None
None
None
No Sample
No Qualifying
Sample Event
Outfall No. 2
None
Done
Clear
None
None
None
None
None
Outfall No. 3
None
None
Clear
None
None
None
None
None
8/31/2013
Outfall No. 4
None
None
Clear
None
None
None
None
None
Outfall No. 5
None
None
Clear
None
None
None
None
None
Outfall No. 6
None
None
Clear
None
None
None
None
None
BRP US Inc. Spruce Pine VISUAL MONITORING SUMMARY
Stormwater Permit NCS000093
Mitchell County
DATE
LOCATION
COLOR
ODOR
CLARITY
FLOATING
SOLIDS
SUSPENDED
SOLIDS
FOAM
OIL SHEEN
EROSION OR
DEPOSITION
AT OUTFALL
COMMENTS
Outfall No. 1
No
Discharge
No
Discharge
No
Discharge
No
Discharge
No Discharge
No
Discharge
No
Discharge
No Discharge
No Sample
Pond Maint
Outfall No. 2
None
None
Clear
None
None
None
None
None
2/28/2014
Outfall No. 3
None
None
Clear
None
None
None
None
None
Outfall No. 4
None
None
Clear
None
None
None
None
None
Outfall No. 5
None
None
Clear
None
None
None
None
None
Outfall No. 6
None
None
Clear
None
None
None
None
None
Outfall No. 1
None
None
Clear
None
None
None
None
None
Outfall No. 2
None
None
Clear
None
None
None
None
None
8/20/2014
Outfall No. 3
Outfall No. 4
None
None
None
None
Clear
Clear
None
None
None
None
None
None
None
None
None
None
Outfall No. 5
None
None
Clear
None
None
None
None
None
Outfall No. 6
None
None
Clear
None
None
No
None
None
BRP US Inc. Spruce Pine
Storm water Permit
NCS000093
Mitchell County
BEST MANAGEMENT PRACTICES SUMMARY
Best management practices at the BRP US Inc. Spruce Pine facility include good house-
keeping practices, preventive maintenance, considerations of materials compatibility, security
measures, and employee training on pollution prevention and spill response.
Good House Keeping Practices
Good housekeeping practices include:
• maintaining a clean and orderly facility,
• careful storage of drums and totes containing chemical materials,
• secondary containment structures for tanks, drums and totes of chemical materials
having the potential to impact stormwater discharge,
• covered and contained storage for bulk spent sand,
• covered and contained storage for metal chips,
• contained storage for metal scrap,
• covered storage for empty drums qued for recycling and,
• covered storage for excess and project equipment and materials.
Preventive Maintenance
Preventive Maintenance practices include:
• Preventive Maintenance (PM) tasks and schedules specific to equipment and pollution
control devices,
• Using a Maintenance Management Software (Guide) to track and document not only PM
efforts but regular maintenance efforts as well,
• Establishing routine inspections of equipment and pollution control devices specific to
Permit requirements and/or vendor recommendations and,
• Establishing monitoring requirements specific to Permit requirements and/or vendor
recommendations,
Materials Compatibility
Materials compatibility practices include:
• Careful review prior to the purchase of any new process chemicals, or materials by
following the procedures established in the "New Chemical Approval Procedure",
• Avoiding the reuse of any storage equipment, vessels or containers for material other
than what was originally in the equipment, vessel, or container,
BRP US Inc. Spruce Pine
Storm water Permit
NCS000093
Mitchell County
Consideration of coatings or cathodic protection for buried pipeline or tanks, to reduce
corrosion,
Consideration of exposure to incompatible materials when storing process chemicals or
relocating processes in the production areas.
Security Measures
Security practices include:
• Exempt and maintenance personnel being responsible for maintaining a constant
awareness of facility activities and personnel,
• All employees being aware of normal operating conditions in their respective areas and
immediately reporting any abnormal operating conditions observed such as oil leaks or
spills, chemical spills, unusual discharges, etc. and,
• All employees being aware of strangers entering the facility and immediately reporting
their presence to facility management.
• Security camera system accessible by members of management.
Personnel Training
Personnel training includes:
• Annual SWPP Plan awareness training,
• 40-hour HAZWOPER with annual refresher training for Emergency Coordinators and,
• Training for affected personnel when equipment or process changes affect the SWPP
Plan.
Planned BMPs
Planned BMPs include:
• Two secondarily contained storage units to house flammable materials and oil containing
products are being installed and will be inside a secure fenced area.
• Panels are being added to dust collectors to protect discharge chutes from wind and
precipitation. Where necessary, discharge chutes are being modified for better discharge
into hoppers.
BRP US Inc. Spruce Pine
Storm water Permit
NCS000093
Mitchell County
SIGNIFICANT CHANGES IN INDUSTRIAL ACTIVITIES
2011- 2012 - Addition of 4,120 square feet of production floor space for additional machining
capability
2012- 2014 —Rearrangement of production floor layout to optimize production flow and
housekeeping
STORMWATER POLLUTION PREVENTION PLAN
DEVELOPMENT AND IMPLEMENTATION
CERTIFICATION
North Carolina Division of Energy, Mineral, and Land Resources - Stormwater Permitting
Facility Name:
BRP US, Inc.
Permit Number:
NCS000093
Location Address:
1211 Greenwood Rd
Spruce Pine, NC 28777
County:
Mitchell
"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."
And
" 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 accordin toermit signatoryr re uirements and return this Certification. DO NO
g. { g p q } T SEND
STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION. t
Signature
Print or type name of person signing above
Date
C0 �s l �/
PLA,BLl
Title
SPPP Certification 10/13
Pickle, Ken
From: Wilson, Bernice <bernice.wilson@brp.com>
Sent: Friday, October 03, 2014 1:49 PM
To: Pickle, Ken
Subject: Re: FW: Permit Renewal Package for Individual Stormwater Discharge Permit
Thank you Ken. I wish I could explain how we never received the renewal package. No one here has it or has
seen it. However, I will complete the application and submit.
Best Regards,
Bernice Wilson
Environment, Health & Safety Coordinator
Spruce Pine - Marine Propulsion Systems Division
BRP US Inc.
1211 Greenwood Road - Spruce Pine - North Carolina - USA - 28777
T + 1.828.766.1185 - F + 1.828.765.2391
On Tue, Sep 23, 2014 at 2:10 PM, Pickle, Ken <ken.pickiencdenr.gov> wrote:
Hi Bernice,
Please see attached renewal documents for BRP to complete, and return to us. There is no separate renewal fee.
• I'm confirming that our database shows bat NCS000093 has expired..-{
• I'm confirming that our database shows that BRP is paid up for the year beginning August 1, 2014.
Thanks,
Ken
From: Bennett, Bradley
Sett: Tuesday, September 23, 2014 11:37 AM
To: Pickle, Ken
Subject: FW: Permit Renewal Package for Individual Stormwater Discharge Permit
1
r
Ken,
Attached is the Oct 2013 package that was mailed on renewal for this permit.
Bradley Bennett
Stormwater Permitting Program
NC Division of Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Phone: 919 807-6378
Fax: (919) 807-6494
Email: brad ley. bennett(a)ncdenr.gov
Web: http://portal.ncdenr.org/web/Ir/stormwater
Email correspondence to and from this address may be subject to public records taws
From: Wilson, Bernice Lmailto:bernice.wilson@brp.com]
Sent: Tuesday, September 23, 2014 10.48 AM
To: Pickle, Ken
Cc: Bennett, Bradley; Georgoulias, Bethany; Christina Gardner
Subject: Re: Permit Renewal Package for Individual Stormwater Discharge Permit
Hello Ken,
I am following up on the e-mail below regarding the. Stormwater Permit for the BRP US Inc. facility in Spruce
Pine, Mitchell County. We have not yet received a renewal package and our permit term has expired. Can you
let us know when we might anticipate receiving the renewal package? .
Best Regards,
z
Bernice Wilson
Environment, Health & Safety Coordinator
Spruce Pine - Marine Propulsion Systems Division
BRP US Inc.
1211 Greenwood Road - Spruce Pine - North Carolina - USA - 28777
T + 1.828.766.1185 - F + 1.828.765.2391
On Tue, Jul 16, 2013 at 4:41 PM, Pickle, Ken <ken.pickle(amcdenngov> wrote:
Hi John,
Yes, that's correct on both of the two major points in our conversation today.
0 Despite the boilerplate provisions lifted from federal rule which includes the 180 day clock and puts the burden of
renewal on the permittee, DWQ has always initiated the renewal process for our permittees with individual
stormwater permits. As far as likely schedule: I can report that at the present time we are generally renewing our
individual permits before the expiration date, but we are not always getting the renewal information to our permittees
before the 180 days. We don't see this as having significant consequences to our program effectiveness.
We use the EPA Forms 1 and 2F for first-time applications, only. We will send the permittee a streamlined
renewal package sometime around, or shortly after, the 180 days.
Please contact me with any follow-up, or otherwise related, questions.
Thanks,
Ken
r
Ken Pickle
Environmental Engineer
NCDENR I DWQ I Stormwater Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
512 N. Salisbury St, Raleigh, NC 27604
Phone: (919) 807-6376
Fax: (919)807-6494
Email: ken. pickleCa ncdenr.gov
Website: http://portal.ncdenr.org[web/wg(ws/su
** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulations."
From: John Schultz [mailto:iohn.schultz@rbeng.com]
Sent: Tuesday, July 16, 2013 3:37 PM
To: Pickle, Ken
Cc: Bernice Wilson
Subject: Permit Renewal Package for Individual Stormwater Discharge Permit
Ken,
I appreciated the time you took with me this morning discussing the proper procedure for filing a renewal
permit application for an individual stormwater discharge permit for one of our clients. The facility in question
is BRP US, Inc. located in Spruce Pine. This facility currently holds individual stormwater Permit NCS000093
which will expire at midnight on February 28, 2014. According to Part 111. Section B.1. of their current permit,
they are required to submit forms and fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date of the current permit. In this case, the required forms and fees would
be due by August 30, 2013.
Per our discussion, USEPA Forms 1 and 2F are only to be used by facilities seeking individual stormwater
permit coverage for the first time. Facilities that are seeking to renew an existing individual stormwater permit
are only required to respond to a Renewal Alert Package that is sent to them by your agency. Because of
agency constraints, you indicated that it was unlikely that BRP would receive this package prior to August 30,
2013; however you did indicate that they should receive the package well before the actual permit expiration
date.
I would appreciate it if you would confirm that my understanding of the permit renewal process for BRP is
correct.
John Schultz, P.E.
River's Bend Engineering, Inc.
1611 Renaissance Blvd.
Sturtevant, WI 53177
Phone (262) 886-3882
Cell 262 770-1571
ohn.schultz(rr)rben .com
www.rbeng.com
NCS000093
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Coleen H. Sullins Director
Division of Water Quality
Facility Name:
BRP US Inc.
NPDES Permit Number:
NCS000093
Facility Location:
Spruce Pine, NC (Mitchell County)
Type of Activity:
Aluminum Foundry
SIC Code:
3365
Receiving Streams:
See, Figure 1
River Basin:
French Broad River Basin, Sub -basin 04-03-06
Stream Classification:
C; Tr
Proposed Permit Requirements:
See attached draft permit.
Monitoring Data:
See Table l
Facility Location:
See Figure 1
Response Requested by (Date):
Due date for Region
Central Office Staff Contact:
Brian Lowther, (919) 807-6368
Special Issues:
"Iss'ue _
Ratin .S62lei:4eas .to 10 and
Compliance history
4
Benchmark exceedance
I
Location (TMDL, T&E
4
species, etc
Other Challenges:
6
• Contacting
Permittee
Difficulty Rating:
15140
Special Issues Explanation:
• On the application the permittee asked for the monitoring of methylene chloride to be removed because
it is not used in sufficient quantity. The permittee also wanted to not sample the last year if limits were not
exceeded the first three years. Finally, they wanted to make sure only Outfall 1 was to be monitored.
Outfall 1 is the only outfall associated with industrial activity and is the outfall of a stormwater pond
overflow.
Description of Onsite Activities:
Make headboards for boat engines. Spruce Pines, North Carolina is.a lost foam casting facility which
produces engine parts for OMC.
• Lost foam casting is an advanced technique in which very,complex parts can be produced by casting,
reducing the amount of subsequent machining needed to create a finish part. The technique involves use of a
styrofoam mold in the shape of the desired part, which is then surrounded with sand. Molten aluminum is
Page 1 of 9
NCS000093
poured onto the mold, the metal taking the shape of the part and the foam burning off.
Documents Reviewed:
• SPU File
• Central DWQ File
• 2005 French Broad Basinwide Plan
• 2008 draft 303(d) list
• National Heritage Program's T&E database
• EPA draft 2006 Sector -Specific permit, Sector F "Primary Metals"
History:
• 10/01/94: Permit first issued to Outboard Marine Corporation. Analytical monitoring included Methylene
Chloride. Monitoring required annually.
• 09/21/01: Date Permit re -issued to Bombardier Motor Corporation of America. Analytical monitoring
included Methylene Chloride. Monitoring required annually for first 3 years and quarterly for the 4`h year.
• 08/18/06: Sent letter for need to renew permit to permittee
• 10/26/06: Permittee submitted renewal application
• • 09/22/08: Sent Reviewing Application Letter to permittee
Page 2 of 9
NCS000093
NCS000093
W Scale PX, pop
Figure 1: Map of Facility
1.11,11 1III'D
Lad to de: 350 54' 48" N
Lonjiude: 821, 5' 22" W
Canty: Mtchell
Receiving Stream: English
Stream Class: C; Tr
Sub -basin: 04-03-05 (French Broad River Basin)
mi
Facility Location
Page 3 of 9 •
NCS000093
Central Office Review Summary:
1. Owner's Other Permits: There are no other permits in BIMs.
FRS 11001281627 Bombardier Motor Corporation of America — Spruce Pine, CAA AFS 3712100088 BRP US Inc.,
NCR000137158 BRP US Inc., TRI 28777MCSR1025G BRP US Inc.
2. General Observations:
0 Outfall 1 is supposedly the only one with industrial activities. This outfall is the discharge of a
detention pond onsite.
3. Impairment: English Creek is not on the 303(d) and is not in the 2005 French Broad Basinwide Plan.
4. Threatened and Endangered: Based on the Natural Heritage Workroom there is one species that is state
protected. Glyptemys muhlenbergii (Bog Turtle) Threatened. There are no Federally protected species within 2
miles of the site.
5. Location: The outfall flows to a classified C; Tr stream.
6. Industrial Changes Since Previous Permit:
4 h Qtr 2001- Addition of CNC machines using water soluble cutting fluid.
4" Qtr 2001- Addition of chrome conversion coating process using alkaline cleaner, acidic deoxidizer, acidic
chromate conversion bath and polymer seal (all water diluted in process with the process wastewater
discharged to the Town of Spruce Pine POTW per IUP Permit No. 002)
• 4'h Qtr 2001- Addition of porosity sealing process using methacrylate based sealant.
• 4d' Qtr 2001- Addition of dry filter spray painting booth using high solids two-part epoxy paint/catalyst and
methyl n-amyl ketone.
a 4" Qtr 2001- Addition of wastewater pre-treatment system using sulfuric acid, sodium metabisulfite, caustic
soda liquid, aluminum sulfate and flocculant.
0 2°d Qtr 2004 — Replaced catalytic oxidizer with regenerative thermal oxidizer.
• P Qtr 2006 — Installed new shotblast machine and dust collector — replaced existing units.
• 3`d Qtr 2006 — Addition of two CNC machines using water soluble cutting fluid.
7. Anal ical Monitoring Notes: Monitoring was done at one outfall seven times from 9/14/02 to 9/29/05. The
parameter sampled was Methylene Chloride.
In the 2008 EPA Sector -Specific General permit the SIC code 3365 is in the section Nonferrous Foundries (SIC
3363-3369) which recommends monitoring for Cu and Zn. This site's primary process is aluminum, though.
Their secondary SIC code is 3471 which is identified as "Plating and Polishing." Subsector AA1 in the EPA
Multi -Sector Permit, "Fabricated Metal Products except coating," includes monitoring for Total Al, Total Fe,
Total Zn, and Nitrate plus Nitrite Nitrogen.
Methylene Chloride did not show up in the monitoring, and there is no source on site. Therefore, the renewal
permit will remove methylene chloride from the current permit.
Potential pollutants for this site would be from aluminum chips on site and sand that is outside. The aluminum
chips are covered and have secondary containment but could be a stormwater problem with poor maintenance.
Al will be added to the analytical monitoring. Also, sand is stored outside so TSS will be added to the
monitoring.
Page 4 of 9
NCS000093
8, Qualitative Monitoring Notes: Visual monitoring was done at each of the six outfalls.- Eleven events were
monitored from 4/25/01 to 4/28/06. Much of the reporting is the same with none for color, odor, suspended
solids, clear for clarity, and no for foam and oil sheen. Outfall 4 and 5 had some oil sheen.
Page 5 of 9
NCS000093
Table 1: Analytical Monitoring
Required
Sample
Total
Precipitation
Duration
Methylene
Sampling
Date
Flow
(in)
(hours)
Chloride
Range
IVIGD
Outfall 1
10/1 /01 to
9/14/2002
0.086
0.31
10.5
ND <5.0
9/30 /02
1011 /02 to
11/24/2003
0.027
0.11
7.33
ND <0.25
9/30 /03
10/1 /03 to
10/19/2004
0.0319
0.13
0.92
ND <5.0
9/30/04
1011 /04 to
10/27/2004
0:0884
0.36
0.8
ND <5.0
12/3 0/04
1/1/05 to
3/22/2005
0.074
0.3
7.75
NO <5.0
311/05
411/05 to
6/27/2005
0.393
1.6
2.25
NO <5.0
6/30 /05
711/05 to
9/29/2005
0.034
0.14
10.17
NO <5.0
9/30/05
Over Current Benchmark
Data Not Collected
Page 6 of 9
NCS000093
Revised Permit Recommendations: Analytical Monitoring:
1. Removing Methylene Chloride from the monitoring and adding Al and TSS.
2. pH has been added to the analytical monitoring requirements.
3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II
Section B. The'permittee must also document the total precipitation for each event. If no discharge occurs
during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days
of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart,
as specified in Table 2.
4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values
require the permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a
benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall
follow the Tier.1 guidelines which require a facility inspection within two weeks and implementation of a
mitigation plan within two months. If during the term of this permit, the sampling results are above the
benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall
two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of
the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall
where a sampling result exceeded the benchmark value for two consecutive samples.
5. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative
storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative
outfalI status.
6. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4,
and 5.
7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in
this permit, however.)
8. 'Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and
qualitative monitoring.
Other Proposed Changes to the Previous Permit:
1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the
receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each
outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant
spills that have occurred in the past three years and also must certify that the outfalls have been inspected to
ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section
A.
2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More
details regarding secondary containment are provided.
3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A.
The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not
contain non-stormwater discharges.
4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater
management controls as specified in Part II Section A.
5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and
activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify
for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information
is provided in Part I Section A.
Page 7 of 9
NCS000093
Discussions with permittee: Bernice Wilson, 828-766-1185 bemice.wilson@brp.com, 10/10/08
1. General description of industrial activities? Aluminum Foundry primarily with some other small operations.
2. Have there been any changes since filing the application? No
3. What chemicals or materials are stored outside? Aluminum Chips under cover with secondary containment.
Used sand waiting to be hauled off.
4. What is the methylene chloride used for? Is it stored outside? No source of methylene chloride.
5. Do you have vehicle maintenance onsite? No, but there is some vehicle maintenance.
6. What is you SIC code? 3365
Page 8 of 9
NCS000093
Recommendations: Based on the documents reviewed, the application information submitted on October 26, 2006
sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature) o Date ._ t
Stormwater Permitting Unit Supervisor Date fl Ll 8
for Bradley B nnett
Concurrence by Regional Office Date
Regional Water Quality Supervisot Date
Regional Office Staff Comments
Page 9 of 9
NCS000093
Recommendations: Based on the documents reviewed, the application information submitted on October 26, 2006
sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature) /� �� Date t z 108
Stormwater Permitting Unit Supervisor G-,0 Date fl 1 b8
for B dley Bf ett G�
Concurrence by Regional Office r Date `o�
Regional Water Quality Supervisor 4 Ar Date 1 Z
Regional Office Staff Comments
Fllcal 7Y
1-5
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Page 9 of 9
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Bombardier Recreational Products
February 11, 2009
NCDENR — Division of Water Quality
Attn: Brian Lowther, Environmental Engineer
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: Draft NPDES Stormwater Permit
Permit Number NCS000093
BRP US Inc.
Spruce Pine, North Carolina
Mitchell County
Dear Mr. Lowther:
BRP US Inc.
1211 Greenwood Road
Spruce Pine, North Carolina
USA 28777
T 828.766.1100 F 828.765.2391
www.brp.com
The purpose of this letter is to acknowledge the January 12, 2009 receipt of the draft S.oMYfwv NPDES
Permit NCS000093 issued to the BRP US Inc. facility located in Spruce Pine, Mitchell C6dfity. This draft
and all changes from the current permit have been reviewed and are understood.
At this time, I would like to request the following comments be considered when issuing the final permit
draft:
According to a September 14, 1993 letter to your office confirming a telephone conversation,
with Mr. Bill Mills, formerly of your office, only Outfall No. 1 should be monitored for the
NPDES permit. However, this is not clear in the current permit draft. For clarification, all
stormwater associated with industrial activity flows to the facility's stormwater retention pond
with overflow from this pond discharging only to Outfall No. 1. BRP requests consideration is
given to identify, in the renewed permit, Outfall No. 1 as the stormwater discharge outfall to
be monitored.
Thank you for your consideration of the comment submitted. Should you need additional information or
explanation, please contact me at (828) 766-1185.
Respectfully,
4/66D-\
Bernice Wilson
Environment, Health and Safety
ski -boo
Lynx
Cc: Lisa Bryant Eervuuddee
Johnson
Rotax
Bombardier AN
�F WArF,�p Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p Coleen H. Sullins, Director
Division of Water Quality
December 31, 2005
Mrs. Bernice Wilson
BRP US, Inc.
121.1 Greenwood Road
Spruce Pine, NC 25777
Subject: Draft NPDES Stormwater Permit
Permit No. NCS000093
BRP US, Inc.
Mitchell County
Dear Mrs, Wilson:
Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft
very carefully to ensure thorough understanding of the conditions and requirements it contains.
The draft permit contains the following significant changes from this facility's current permit:
Analytical monitoring changes:
I . Analytical monitoring parameter Methylene Chloride was removed from the permit. The parameters
Aluminum and Total Suspended Solids have been added in this permit.
2. pH has been added to the analytical monitoring requirements.
3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in
Part-Il Section B. The permittee must also document the total precipitation for each event. If no discharge
occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow"
within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a
minimum of 60 days apart, as specified in Table 2.
4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark
values require the permittee to increase monitoring, increase management actions, increase record
keeping, and/or install stormwater est Management Practices (BMPs) in a tiered program. If the
sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at
any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within
two weeks and implementation of a mitigation plan within two months. If during the term of this permit,
the sampling results are above the benchmark values, or outside of the benchmark range, for any specific
parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the
Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute
monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark
value for two consecutive samples.
5. You are required to collect all of the analytical and qualitative monitoring samples during representative
storm events as defined in Part II Section B. Qualitative monitoring is required regardless of
representative outfall status.
6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4,
and 5.
7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall
parameter is in this permit, however.) IVorrhCarolina
. �Vrrtrrrn!!�
North Carolina Division of water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 907-6494 1-977-623-6749
An Equal Opportunity/Affirmative Action Employer- 50% Recycle&10% Post Consumer Paper
f Mr j4wilson
BRP US, Inc.
Permit No. NCS000093
8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical
and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it
only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the
permitted timeframe then the requirements shall apply.
Other permit changes:
1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the
receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants
in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of
significant spills that have occurred in the past three years and also must certify that the outfalls have
been inspected to ensure that they do not contain non-stormwater discharges. Additional information is
provided in Part II Section A.
2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A.
More details regarding secondary containment are provided.
3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part 11
Section A. The plan must also be updated annually to include a list of significant spills and to certify that
the outfalls do not contain non-stormwater discharges.
4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater
management controls as specified in Part II Section A.
5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial
materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the
facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit
requirements. Additional information is provided in Part I Section A.
6. Per the requirements of the Tar -Pamlico Riparian Buffer Rule, all stormwater drainage from portions
of this site that have been constructed after January 1, 2000 must be discharged through a correctly
designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 2B
.0261. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP
Manual, available at: httl2://h2o.eny.state.nc.us/su/bmp—forms.htm
Please submit any comments to me no later than thirty (30) days following your receipt of the draft.
Comments should be sent to the address listed at the bottom of this page. If no adverse comments are
received from the public or from you, this permit will likely be issued in about two months.
If you have any questions or comments concerning this draft permit, contact me at (919) 807-6368 or
brian.lowtherOncmail.net
cc: Asheville Regional Office
Stormwater Permitting Unit
Attachments: Draft Permit
Sincerely,
s
Brian Lowther
Envirorunental Engineer
Stormwater Permitting Unit
2
�0F.WArFj9Q Michael F. Easley, Governor
G William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 22, 2008
Bernice Wilson
BRP US Inc.
1211 Greenwood Road
Spruce Pine, NC 28777
Subject: NPDES Permit Renewal Application
BRP US Inc.
Permit Number NCS000093
Individual Ston-nwater Permit
Wake County
Dear Mrs. Wilson:
The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of
your renewal application for coverage under NPDES Permit Number NCS000093 on October 26, 2006.
We apologize for the lengthy delay in responding to your submittal and are now making every effort to
review your permit renewal as expeditiously as possible. Our Unit anticipates making significant
progress on individual permits over the next six months to reduce our backlog.
We are currently beginning our review of your renewal application. Please continue to comply
with all conditions and monitoring requirements in your expired NPDES stormwater permit. As
long as you have submitted a complete renewal request package and maintain compliance with those
permit conditions, stormwater discharges from this facility are authorized by that permit until the
Division issues a renewal permit or notifies you of an alternative action.
No additional information is required at this time, but we may contact you in the future. Please
notify us if any significant changes have taken place at this facility since you submitted the renewal
package. If you have any questions about this matter, please contact me at (919) 807-6368.
Sincerely,
Brian Lowther
Environmental Engineer
Stormwater Permitting Unit
cc: Asheville Regional Office
,Sto wrm titer=Permitting:Unit-Files,
Central Files
Nbr Carolina
tura!!il
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Intemet. h2o.enrstate.nc.us 512 N. Salisbury S1. Raleigh, NC 27604 FAX (919) 733-2496 1.877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
Re: benchmark for methylene chloride
Subject: Re: benchmark for methylene chloride
From: Connie Brower <connie.brower@ncmail.net>
Date: Wed, 01 Oct 2008 15:57:58 -0400
To: Nikki Remington <Nikki.Remington@NCMail.net>
CC: Brian Lowther <Brian.Lowther@ncmail.net>
hi guys
the only additional thing that needs to be considered it that methylene chloride is a
known laboratory contaminant. It is seen in virtually all lab data due to its use in
extracting organic pollutants. So, when it is seen in samples-- I would check for its
presence in the blanks and associated quality control samples. It is very likely that
the surface water sample is not "contaminated" -- just the lab! (and they can not
control this problem!)
connie
Nikki Remington wrote:
Hi Brian,
Thanks for checking on the units. The change to ug/L would put them in line with
what we would expect to see for a detection limit for methylene chloride. It's not
uncommon to see the limits that they are reporting vary slightly. The lowest
concentration that the lab can pick up may change based on things like
characteristics of the particular sample. Determining a stormwater benchmark for
methylene chloride is less straight forward than what has been done for other
chemicals. Most of the stormwater benchmarks that we calculate are based on the
protection of aquatic life. we use half of the acute value (1/2 FAV) from the most
sensitive species that we have data for. However, methylene chloride is a
carcinogen and the lowest standard would be based on protection of human health not
aquatic life. For surface water, the human health standard calculation takes into
account variables such as fish and water ingestion and other parameters that would
need to be modified in order to be useful in a stormwater situation. We could
calculate a benchmark but we'd have to sit down and figure out how we were going to
handle those modifications. My suggestion is that as long as the facility
continues to report non detects, no benchmark would probably be needed. However,
if they ever have any hits for methylene chloride then we may need to try to
calculate the benchmark value as it is a carcinogen. Just for reference, the
instream surface water standards are 4.6 ug/L for water supplies and 590 ug/L for
class C waters (per EPA's National Recommended Water Quality Criteria). Based on
those numbers it looks like if we calculated a benchmark it could potentially end
up being at or below detection. I know my explanation is probably confusing so let
me know if you have any questions.
Nikki
Brian Lowther wrote:
Sorry, it looks like it is ug. Another interesting thing is most are < 5 ug but
one is < .25 ug. Not sure why.
Brian
Nikki Remington wrote:
Hi Brian,
Could you double check the units for the detection limit that they are
reporting? 5 mg/L seems pretty high. Our chem lab has the practical
quantitation limit for methylene chloride listed as 10 ug/L. I was just
curious why their lab isn't reporting lower.
1 of 3 10/3/2008 9:03 AM
Re: benchmark for methylene chloride
Brian Lowther wrote:
Hey Nikki,
Thanks for helping us with the benchmark for acetone. I am working on a
renewal application and they previously monitored for Methylene Chloride
for their stormwater permit. All their results were "not detected < 5
mg/l." Do you have a benchmark or an helpful information on methylene
chloride?
Thanks,
Brian
Nikki Remington wrote:
Hi everyone,
I finally have a benchmark calculated for acetone. The benchmark (1/2
EAV) is *17 mg/L* for freshwater_ Connie mentioned that if you are
seeing low levels you could check with the lab running the data to see
if it could be laboratory contamination. Acetone is commonly seen as a
chemical that can be picked up from lab sources. I hope this helps!
Let me know if you have any questions concerning the use of this number
or if there is anything else that you need.
Nikki
Bethany Georgoulias wrote:
No problem. Thanks, Nikki!
Nikki Remington wrote:
Sorry I wasn't able to send you a benchmark for acetone yesterday
afternoon. Currently, I'm waiting on some information from the
lab to try to verify a couple of species' distributions. I'll
send you the final value as soon as I can!
Bethany Georgoulias wrote:
Nikki,
Brian Lowther (our newest staff member) is reviewing
monitoring results from an industrial facility that has been
sampling for acetone in its stormwater discharge. We don't
have a benchmark value to compare the results to (and we're a
little curious why this was chosen as a parameter since
acetone is so volatile, but they're obviously picking up
some)... could you check to see if you have any information or
toxicity data for it?
Thanks!
BG
2 of 3 10/3/2008 9:03 AM
Re: benchmark for methylene chloride
Connie Brower <Connie.Brower(ancmai1.net>
Industrial Hygiene Consultant
NC DENR
Division of Water Quality
3 of 10/3/2008 9:03 AM
NCS000093
�@
DEC 3 0.2008
t)ENR - VYATF-A C AJAL
woUndds & -^-^ 1Bf "rich.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Direcior
Division of Water Quality
STAFF REVIEW AND EVALUATION;
Facility Name:
BRP US Inc. v
NPDES Permit Number:
NCS000093 ✓
r. �. OCT
3 G
Facility Location:
Spruce Pine, NC (Mitchell County) A.;
Type of Activity:
Aluminum Foundry^„ Li _
SIC Code:
3365
Receiving Streams:
See Figure 1 ', .. .�' .,. .. u,........._ ,., ,..._.. -. .
River Basin:
French Broad River Basin, Sub -basin 04-03-06
Stream Classification:
C; Tr
Proposed Permit Requirements:
See attached draft permit.
Monitoring Data:
See Table 1
Facility Location:
See Figure 1
Response Requested by
li/Z 7/" '
(Date):
Central Office Staff Contact:
Brian Lowther, (919) 807-6368
Special Issues:
ssue :,p; � .} s
�Raiin "' Scaler l 6i �`io-10 hard
Compliance history
4
Benchmark exceedance
1
Location (TMDL, T&E
4
species, etc
Other Challenges:
6
• Contacting
Perinittee
Difficul Ratin
15140
Special Issues Explanation:
• On the application the permittee asked for the monitoring of methylene chloride to be removed because
it is not used in sufficient quantity. The permittee also wanted to not sample the last year if limits were not
exceeded the first three years. Finally, they wanted to make sure only Outfall 1 was to be monitored.
Outfall 1 is the only outfall associated with industrial activity and is the outfall of a stormwater pond
overflow.
Description of Onsite Activities:
• Make headboards for boat engines. Spruce Pines, North Carolina is a lost foam casting facility which
produces engine parts for OMC.
C Lost foam casting is an advanced technique in which very complex parts can be produced by casting,
reducing the amount of subsequent machining needed to create a finish part. The technique involves use of a
styrofoam mold in the shape of the desired part, which is then surrounded with sand. Molten aluminum is
Page 1 of 9
of W A rFq t<rl �
Michael
O� pG chael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment.and Natural`Resources
r. r
LI Coleen H.!Sullins, Director
Divisio f Water Quality
September 22, 2008 j 1 II SEp 24 2008 :Jf
Bernice Wilson
BRP US Inc. — --
1211 Greenwood Road
Spruce Pine, NC 28777
Subject: NPDES Permit Renewal Application
BRP US Inc.
Permit Number NCS000093
Individual Stormwater Permit
Wa4m County
Dear Mrs. Wilson:
The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of
your renewal application for coverage under NPDES Permit Number NCS000093 on October 26, 2006.
We apologize for the lengthy delay in responding to your submittal and are now making every effort to
review your permit renewal as expeditiously as possible. Our Unit anticipates making significant
progress on individual permits over the next six months to reduce our backlog.
We are currently beginning our review of your renewal application. Please continue to comply
with all conditions and monitoring requirements in your expired NPDES stormwater permit. As
long as you have submitted a complete renewal request package and maintain compliance with those
permit conditions, stormwater discharges from this facility are authorized by that permit until the
Division issues a renewal permit or notifies you of an alternative action.
No additional information is required at this time, but we may contact you in the future. Please
notify us if any significant changes have taken place at this facility since you submitted the renewal
package. If you have any questions about this matter, please contact me at (919) 807-6368.
Sincerely,
/J
r
Brian Lowther
Environmental Engineer
Stormwater Permitting Unit
cc: Asheville Regi._onal Office
Stormwater Permitting Unit Niles
Central Files
Al"o,�" hCarolina
,watura!!�
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet. h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1477-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recyctedl110% Post Consumer Paper
NCS000093
Facility Name:
NPDES Permit Number:
Facility Location:
Type of Activity:
SIC Code:
Receiving Streams:
River Basin:
Stream CIassification:
Proposed Permit Requirements
Monitoring Data:
Facility Location:
Response Requested by (Date):
Central Office Staff Contact:
Special Issues:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
STAFF REVIEW AND EVALUAI
NPDES St t
ormwa er erm>< r • I _ ? 1-\ '-P 1 i;r1 - F -"' I t
BRP US Inc..
NCS000093
OCT 3 0 2008
Spruce Pine, NC (Mitchell County....
s
J
Aluminum Foundry � t: 1'vATE.F C�_lr,? �m� �_-G i :�=i•'
3365
See Figure l
French Broad River Basin, Sub -basin 04-03-06
C; Tr
See attached draft permit.
See Table I
See Figure 1
11/z7'.,8 -6"'
Brian Lowther, (919) 807-6368
Issue
Rating Scale: 1 eas to 10 hard
Compliance history
4
Benchmark exceedance
I
Location (TMDL, T&E
species, etc)
4
Other Challenges:
• Contacting
Pennittee
6
Difficult Rating:
15140
Special Issues Explanation:
• On the application the permittee asked for the monitoring of methylene chloride to be removed because
it is not used in sufficient quantity. The permittee also wanted to not sample the last year if limits were not
exceeded the first three years. Finally, they wanted to make sure only Outfall 1 was to be monitored.
Outfall 1 is the only outfall associated with industrial activity and is the outfall of a stormwater pond
overflow.
Description of Onsite Activities:
• Make headboards for boat engines. Spruce Pines, North Carolina is a lost foam casting facility which
produces engine parts for OMC.
a Lost foam casting is an advanced technique in which very complex parts can be produced by casting,
reducing the amount of subsequent machining needed to create a finish part. The technique involves use of a
styrofoam mold in the shape of the desired part, which is then surrounded with sand. Molten aluminum is
Page 1 of 9
NCS000093
poured onto the mold, the metal taking the shape of the part and the foam burning off.
Documents Reviewed:
• SPU File
• Central DWQ File ,
• 2005 French Broad Basinwide Plan
• 2008 draft 303(d) list
• National Heritage Program's T&E database
• EPA draft 2006 Sector -Specific permit, Sector F "Primary Metals"
History:
• 10/01/94: Permit first issued to Outboard Marine Corporation. Analytical monitoring included Methylene
Chloride. Monitoring required annually.
• 09/21/01: Date Permit re -issued to Bombardier Motor Corporation of America. Analytical monitoring
included Methylene Chloride. Monitoring required annually for first 3 years and quarterly for the 4`h year,
• 08/18/06: Sent letter for need to renew permit to permittee
• 10/26/06: Permittee submitted renewal application
• 09/22/08: Sent Reviewing Application Letter to permittee
Page 2 of 9
NCS000093
NCS000093
F
S
A440 scale P20, 000
Figure 1: Map of Facility
BRP US Inc.
Lad trade: 350 54' 48" N
Longitude: 820 5' 22" W
County: Mtchell
Receiving Stream: English
StreamClass: C; Tr
Sub -barn: 04-03-06 (French Broad River Basn)
r 1�1a1►��{\���� wf�Y
Facility Location
Page 3 of 9 '
NCS000093
Central Office Review Summary:
1. Owner's Other Permits: There are no other permits in BIMs.
FRS 11001281627 Bombardier Motor Corporation of America — Spruce Pine, CAA AFS 3712100088 BRP US Inc.,
NCR000137158 BRP US Inc., TRI 28777MCSR1025G BRP US Inc.
2. General Observations:
• Outfall 1 is supposedly the only one with industrial activities. This outfall is the discharge of a
detention pond onsite.
3. Impairment: English Creek is not on the 303(d) and is not in the 2005 French Broad Basinwide Plan.
4. Threatened and Endangered: Based on the Natural Heritage Workroom there is one species that is state
protected. Glyptemys muhlenbergii (Bog Turtle) Threatened. There are no Federally protected species within 2
miles of the site.
5. Location: The outfall flows to a classified C; Tr stream.
6. Industrial Changes Since Previous Permit:
• 40 Qtr 2001- Addition of CNC machines using water soluble cutting fluid.
• 4'b Qtr 2001- Addition of chrome conversion coating process using alkaline cleaner, acidic deoxidizcr, acidic
chromate conversion bath and polymer seal (all water diluted in process with the process wastewater
discharged to the Town of Spruce Pine POTW per IUP Permit No. 002)
• 4`h Qtr 2001- Addition of porosity sealing process using methacrylate based sealant.
• 4d' Qtr 2001- Addition of dry filter spray painting booth using high solids two-part epoxy paint/catalyst and
methyl n-amyl ketone.
• 4"' Qtr 2001- Addition of wastewater pre-treatment system using sulfuric acid, sodium metabisulfite, caustic
soda liquid, aluminum sulfate and flocculant.
• 2°a Qtr 2004 Replaced catalytic oxidizer with regenerative thermal oxidizer.
• 3`d Qtr 2006 — Installed new shotblast machine and dust collector -- replaced existing units.
• 3`d Qtr 2006 — Addition of two CNC machines using water soluble cutting fluid.
7. Analytical Monitoring Notes: Monitoring was done at one outfall seven times from 9/14/02 to 9/29/05. The
parameter sampled was Methylene Chloride.
In the 2008 EPA Sector -Specific General permit the SIC code 3365 is in the section Nonferrous Foundries (SIC
3363-3369) which recommends monitoring for Cu and Zn. This site's primary process is aluminum, though.
Their secondary SIC code is 3471 which is identified as "Plating and Polishing." Subsector AA1 in the EPA
Multi -Sector Permit, "Fabricated Metal Products except coating," includes monitoring for Total Al, Total Fe,
Total Zn, and Nitrate plus Nitrite Nitrogen.
Methylene Chloride did not show up in the monitoring, and there is no source on site. Therefore, the renewal
permit will remove methylene chloride from the current permit.
Potential pollutants for this site would be from aluminum chips on site and sand that is outside. The aluminum
chips are covered and have secondary containment but could be a stormwater problem with poor maintenance.
Al will be added to the analytical monitoring. Also, sand is stored outside so TSS will be added to the
monitoring.
Page 4 of 9
NCS000093
Oualitative Monitoring Notes: Visual monitoring was done at each of the six outfalls. Eleven events were
monitored from 4/25/01 to 4/28/06. Much of the reporting is the same with none for color, odor, suspended
solids, clear for clarity, and no for foam and oil sheen. Outfall 4 and 5 had some oil sheen.
Page 5 of 9
NCS000093
Table 1: Analytical Monitoring
Required
Sample
Total
Precipitation
Duration
Methylene
Sampling
Date
Flow
(in)
(hours)
Chloride
Range
MGD
Outfall 1
10/1/01 to
9/14/2002
0.086
0.31
10.5
ND <5.0
9/30/02
10/1102 to
11/24/2003
0.027
0.11
7.33
ND <0.25
9/30103
10/1103 to
10/19/2004
0.0319
0.13
0.92
ND <5.0
9/30104
10/1104 to
10/27/2004
0.0884
0.36
0.8
ND <5.0
12/30/04
111/05 to
3/22/2005
0.074
0.3
7.75
ND <5.0
311105
4/1105 to
6/27/2005
0.393
1.6
2.25
ND <5.0
6130105
7/1105 to
9/29/2005
0.034
0.14
10.17
ND <5.0
9/30/05
Over Current Benchmark
Data Not Collected
Page 6 of 9
NCS000093
Revised Permit Recommendations: Analytical Monitoring:
1. Removing Methylene Chloride from the monitoring and adding Al and TSS.
2. pH has been added to the analytical monitoring requirements.
3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II
Section B. The'permittee must also document the total precipitation for each event. If no discharge occurs
during the sampling period, the penttittee must submit a monitoring report indicating "No Flow" within 30 days
of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart,
as specified in Table 2.
4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values
require the permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a
benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall
follow the Tier.1 guidelines which require a facility inspection within two weeks and implementation of a
mitigation plan within two months. If during the term of this permit, the sampling results are above the
benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall
two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of
the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall
where a sampling result exceeded the benchmark value for two consecutive samples.
5. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative
storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative
outfall status.
6. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4,
and 5.
7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in
this permit, however.)
8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and
qualitative monitoring.
Other Proposed Changes to the Previous Permit:
Additional guidance is provided about the Site Plan requirements. The site map must now identify if the
receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each
outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant
spills that have occurred in the past three years and also must certify that the outfalls have been inspected to
ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section
A.
2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More
details regarding secondary containment are provided_
3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part lI Section A.
The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not
contain non-stormwater discharges.
4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater
management controls as specified in Part II Section A.
5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and
activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify
for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information
is provided in Part I Section A.
Page 7 of 9
NCS000093
Discussions with permittee: Bernice Wilson, 828-766-1185 bernice.wilson@brp.com, 10/10/08
1. General description of industrial activities? Aluminum Foundry primarily with some other small operations.
2. Have there been any changes since filing the application? No
3. What chemicals or materials are stored outside? Aluminum Chips under cover with secondary containment.
Used sand waiting to be hauled off.
4. What is the methylene chloride used for? Is it stored outside? No source of methylene chloride.
5. Do you have vehicle maintenance onsite? No, but there is some vehicle maintenance.
6. What is you SIC code? 3365
Page 8 of 9
NCS000093
Recommendations: Based on the documents reviewed, the application information submitted on October 26, 2006
sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature) r Zp Date t o f, 3 1.0
Stormwater Permitting Unit Supervisor AaD Date
for B dley B ett
Concurrence by Regional Office r Date Flag
Regional Water Quality Supervisof `J Date 1 Z
Regional Office Staff Comments
mcf t'r 7y Gc c n�
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Page 9 of 9
NCS000093
�Fw o+�Y� r "...`1 ^vim. .... _ ,i'... .-'' . f•�t
STATE OF NORTH CAROLINA r �4 1 L _�
DEPARTMENT OF ENVIRONMENT AND NATURAL'RESOURCES
DIVISION OF WATER QUALITY r :':' � `i 0CT 3 0 2003
PERMIT
TO DISCHARGE STORMWATER UNDER TH-E i
a�
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
I\ /f
In compliance with the provisions of North Carolina;Gen6al Stattite'143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water PollutioControl Act, as amended,
.�n
BRP US, Inc.
U
is hereby authorized to discharge stormwater from a facility located at
%enwood Road
Spruce Pine, NC
Mitchell County
to receiving waters designated as English Creek, a class C; Tr stream in the French Broad River
Basin, in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III, IV, V and VI hereof.
Note: Draft Permit Dates are Approximate
This permit shall become effective [February 1, 2009].
This permit and the authorization to discharge shall expire at midnight on [January 31, 2014].
Signed this day [January 12, 2009].
for Coleen H. Sullins Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Pennit No. NCS000093
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B. Permitted Activities
Section C: Location Map
ez
PART II MONITORING, CONTROLS, AND LIMITATIONS`FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical MonittooringReRegd-Lments
Section C: Qualitative Monit ringRequire�s
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
Section B: General
Conditions
1.
Individual Permit Expiration
2.
Transfers
Permit No. NCS000093
3. Signatory Requirements
4. Individual Permit Modification, Revocation and Reissuance, or
Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1. Representative Sampling
2. Recording Results
3, Flow Measurements
4. Test Procedures
5. Representative Outfall
fO//
6. Records Retention",
7. Inspectiom and,Entry
Section E: Reporting Re"qui� is�
1. Di s`c arge- onitoring Reports
2. Submitting Reports
3. Availability of Reports
4. Non-Stormwater Discharges
5. Planned Changes
6. Anticipated Noncompliance
7. Bypass
8. Twenty-four Hour Reporting
9. Other Noncompliance
10. Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
m
Permit No. NCS000093
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certification NOI formto the Division; must receive
approval by the Division; must maintain no exposure con ditions,unIess, author] zed to discharge
under a valid NPDES stormwater permit; and must reapplyfor•the NoExposure Exclusion once
every five (5) years.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters-of.North Carolina -or separate storm sewer system that has been
adequately treated and managedin accordance with the terms and conditions of this individual
permit. All stormwater discharges shall be ih,accordance with the conditions of this permit.
Any other point source dischgfr e to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed"by this individual permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part 11 Page 1 of 10
SECTION C: LOCATION MAP
Pennit No. NCS000093
ii,_7
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8RP US Inc.
V,
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A&KNII,
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NCS0000.93
ld
57'
Aw Scale 1., 20, 000
BRP US Inc.
Latitude: 350 54'48" N
Longitude: 82' 5'22" W
County: Mtr-hell
Receiving Stream: English
Stream Class: C; Tr
Sub -basin: 04-03-06 (French Broad River Basin)
Facility Location
Part H Page 2 of 10
Permit No. NCS000093
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part III, Standard
Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum,
the following items:
Site Plan. The site plan shall provide a description of the,physical facility and the
potential pollutant sources which may be expected to"contribute to contamination of
stormwater discharges. The site plan shall contafn the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility%s 1'oca�ion in relation to transportation
routes and surface waters, the name1ofthe receiving water(s) to which the
stormwater outfall(s) discharges oriif the`discharge is to a municipal separate
storm sewer system, the name of�the municipality and the ultimate receiving
waters, and accurate latitude and longitude of the point(s) of discharge. The
general location, ap�(or`lternativdfy the site map) shall identify whether each
receiving water is impaired (on the state's 303(d) list of impaired waters) or is
located in a watershed for which a TMDL has been established, and what the
parameter(s) ofconcernfare.
North Carolina's 303(d) List can be found here:
http://h2o.enr.state-�nc.us/tmdl/Genera1-303d.htm#Downloads
North Carolina TMDL documents can be found here:
http://h2o.enr.state.ne.us/tmd]/TMDL list.htm#Final TMDLs.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn to scale (including a distance legend) showing: the site property
boundary, the stormwater discharge outfalls, all on -site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
Part [ I Page 3 of 10
Permit No. NCS000093
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part II1, Standard Conditions, Section
B, Paragraph 5. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following: /�
(a) Feasibility Study. A review of the technical/and4nomic feasibility of changing
the methods of operations and/or storage practices to -eliminate or reduce
exposure of materials and processes to stormwater —Wherever practical, the
permittee shall prevent exposure of allstorage areas, material handling
operations, and manufacturing or fueling operations. In areas where elimination
of exposure is not practical, the stormwater,management plan shall document the
feasibility of diverting the stormwater runoff away from areas of potential
contamination. %/ /( I//
(b) Secondary Contdinmen\Requirements and Records. Secondary containment is
required for: bulk storage ofliquid materials; storage in any amount of Section
313 of Title III of he Superfund Amendments 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 ofllsuch tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices (which shall be
secured closed with a locking mechanism), and any stormwater that accumulates
in the containment area shall be at a minimum visually observed for color, foam,
outfall staining, visible sheens and dry weather flow, prior to release of the
accumulated stormwater. Accumulated stormwater shall be released if found to
be uncontaminated by the material stored within the containment area. Records
documenting the individual making the observation, the description of the
accumulated stormwater, and the date and time of the release shall be kept for a
period of five years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
Part II Page 4 of 10
Permit No. NCS000093
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or the team) responsible for implementing
the SPRP shall be identified in a written list incorporated into the SPRP and signed and
dated by each individual acknowledging their responsibilities for the plan. A responsible
person shall be on -site at all times during facility operations that have the potential to
contaminate stormwater runoff through spills or exposure of materials associated with the
facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill
Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP,
but may not be sufficient to completely address the stormwater aspects of the SPRP. The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping pro shall;b�e^developed. The program shall list
all stormwater control systems, stormwater discharge outfalls', all on -site and adjacent
surface waters and wetlands, industrial activity'areas (including material storage areas,
material handling areas, disposal areas process areas loading and unloading areas, and
haul roads), all drainage features and structuresand existing structural BMPs. The
program shall establish schedules of inspections; maintenance, and housekeeping
activities of stormwater control systems,tas well as facility equipment, facility areas, and
facility systems that present a potential fobstormwater exposure or stormwater pollution.
Inspection of material handling areas and regular cleaning schedules of these areas shall
be incorporated into the program.. Timely compliance with the established schedules for
inspections, maintenance and housekeeping shall be recorded in writing and maintained
in the SPPP. Y\1
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. Facility personnel (or team)
responsible for implementing the training shall be identified, and their annual training
shall be documented by the signature of each employee trained.
6. Responsible Party. The Stortrtwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. All aspects of the Stormwater
Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual
update shall include an updated list of significant spills or leaks of pollutants for the
previous three years, or the notation that no spills have occurred. The annual update shall
include re -certification that the stormwater outfalls have been evaluated for the presence
of non-stormwater discharges. Each annual update shall include a re-evaluation of the
Part II Page 5 of 10
Permit No. NCS000093
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of ten analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall
and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1
inches has occurred. A single storm event may contain up to 10 consecutive hours of no
precipitation. For example, if it rains for 2 hours without producing any collectable discharge,
and then stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours. X/�
Table 1. Analytical Monitoring RequirementsUe�
Discharge
Characteristics
Units
Measurement Freguencyl
Sample
TYRO
Sample
Location3
Total Suspended Solids
m L
,J� /,semi-annual
Grab
SDO
Aluminum, Total
m L ,
�! Asemi-annual
Grab
SDO
H
standard
semi-annual
Grab
SDO
Total Rainfall4
inch s�,
semi-annual
Rain Gauge
-
Footnotes: )/111�
1 Measurement Frequency: Twice per yearduring a representative storm event, for each year until either another
permit is issued for this facility`r u�ri`I this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative
outfall status has been granted.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or
local rain gauge reading must be recorded.
Part II Page 7 of 10
Permit No. NCS000093
effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management
Plan.
The Director may notify the pennittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been made.
Facility Inspections. Inspections of the facility and all stormwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual schedule, once during the first half of the�year (January to June), and once
during the second half (July to December) with at least `60 days,separating inspection
dates (unless performed more frequently than semi-;iQualiy . These facility inspections
are different from, and in addition to, the stormwater discharge characteristic monitoring
required in Part II B and C of this permit. 4 \
9. Implementation. The permittee shall implement thOPlan. Implementation of the Plan
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 act vities\Such�documentation shall be kept on -site for a period of
five years and made available •to the Director or the Director's authorized representative
immediately upon request. )f\%
Part 11 Page 6 of 10
Permit No. NCS000093
The permittee shall complete the minimum ten analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and
Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two
response.
Table 2. Monitoring Schedule
Monitoring periodt'1
Sample Number
Start
End
Year 1 — Period 1
1
February I, 2009
July 31, 2009
Year 1 — Period 2
2
August 1, 2009
January 31, 2010
Year 2 —Period 1
3
February 1, 2010
July 31, 2010
Year 2 — Period 2
4
August I, 2010
January 31, 2011
Year 3 — Period 1
5
February I ;�201'I
July 31, 2011
Year 3 —Period 2
6
August 1;,201,1
7 January 3 I, 2012
Year 4 — Period l
7
Febiu_ary 1, 2Q12 %
July 31, 2412
Year 4 — Period 2
8
August,l,, 2012
January 31, 2013
Year 5 — Period 1
9
, 6rua`ry 1'�2013
July 31, 2013
Year 5 — Period 2
10
August;, 2013
January 31, 2014
Footnotes: �/� // )�
I Maintain semi-annual monitoring during permit renewa� cess. The applicant must continue semi-annual
monitoring until the renewed permit,is issued:
2 If no discharge occurs during the'sampling period, the permittee must submit a monitoring report indicating
"No Flow" within 30 days of the en&of the six -month sampling period.
e
ical >VThe permittee shall report the results from the first sample with valid results within the
monitoring period. The permittee-shall compare monitoring results to the benchmark values in
Table 3. The benchmark values -in Table 3 are not permit limits but should be used as guidelines for
the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values
require the permittee to increase monitoring, increase management actions, increase record keeping,
and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the
descriptions of Tier One and Tier Two,
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristics
Units
Benchmark
Total Suspended Solids
m /L
100
Aluminum, Total
mg/L
0.75
PH
standard
6-9
Part 11 Page 8 of 10
Permit No. NCS000093
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark
range, for any parameter atany outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential, and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters concern, or to bring
concentrations to within the benchmark range.(
4. Implement the selected actions within two months,of the inspection.
5. Record each instance of a Tier One response in h\Stormwater Pollution Prevention Plan.
v
Include the date and value of the benchmark exceedence, the inspection date, the personnel
conducting the inspection, the selecteed ac/tio�and the date the selected actions were
implemented.
Tier Two
If: During the term of this permit, t the first valid sampling results are above the benchmark values,
or outside of the benchmark range, for any specific parameter at a specific discharge outfall two
times in a row (consecutive);
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a
sampling result exceeded the benchmark value for two consecutive samples. Monthly
(analytical and qualitative) monitoring shall continue until three consecutive sample results
are below the benchmark values, or within the benchmark range, for all parameters at that
outfall.
3. If no discharge occurs during the sampling period, the permittee is required to submit a
monthly monitoring report indicating "No Flow."
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
Part II Page 9 of 10
Permit No. NCS000093
During the term of this permit, if the valid sampling results required for the permit monitoring
periods exceed the benchmark value, or are outside the benchmark range, for any specific
parameter at any specific outfall on more than four occasions, the permittee shall notify the
DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical
results. DWQ may, but is not limited to:
• require that the permittee increase or decrease the monitoring frequency for the remainder
of the permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to�qualify for the No Exposure
Exclusion. ��<
Part II Page 10 of 10
Permit No. NCS000093
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified in Table 4, during the analytical
monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi-
annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the
effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of
stormwater pollution.
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall
document the suspected cause of the condition and any actions taken in response to the
discovery. This documentation will be maintained with the SPPP.
Table 4. Qualitative Monitoring Re uirements7 i�e
Discharge Characteristics Frequency1
Monitoring
Location2
Color
semi-annual
�SDO
Odor
semi-annual
, SDO
Claritysemi-annual
r
)f SDO
Floating Solids
^semi,annual(�-;
i
SDO
Suspended Solids
\semi annual
SDO
Foam
/ semi annua
SDO
Oil Sheen
�/ semi-annual
SDO
Erosion or deposition at the
\\--Semi annual
SDO
outfall
Other obvious indicators
semi-annual
SDO
of stormwater pollution
Footnotes:
1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring
until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this
permitting cycle.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than
55 gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 5. This monitoring shall be performed at all
stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance
Part 11 Page 11 of 10
Permit No. NCS000093
areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical
monitoring shall be performed during a representative storm event.
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Fre uenc ll
Sample
Type2
Sample
Location3
H
standard
semi-annual
Grab
SDO
Oil and Grease
m /l
semi-annual
Grab
SDO
Total Suspended Solids
m /l
semi-annual
Grab
SDO
Total Rainfa114
inches
semi-annual
Rain gauge
New Motor Oil Usagegallons/month
semi-annual_//
Estimate
-
Footnotes:
1 Measurement Frequency: Twice per year during a representative storm eventjoreach year until either another
permit is issued for this facility or until this permit is revoked oriescinded.-_If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal.permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring
until the renewed permit is issued. See Table 2 for schedule of monjtoriing periods through the end of this
permitting cycle.
If the stormwater runoff is controlled by a stormwateu'detention pond a grab sample of the discharge from the
..
pond shall be collected within the fi�3\inutes�of discharge from the pond.
3 Sample Location: Samples shall be collecte� ach`stormwater discharge outfall (SDO) that discharges
. \
stormwater runoff from area(s) wwhhhereice--- vehicle main'tenance activities occur.
4 -For each sampled representative storm even the total precipitation must be recorded. An on -site or local rain
gauge reading must be recorded.
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), as provided in Part II Section B.
Table 6.
Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge Characteristics
Units
Benchmark
pH
standard
6-9
Oil and Grease
mg/L
30
Total Suspended Solids
mg/L7_
100
Part II Page 12 of 10
Permit No. NCS000093
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of
the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 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 and existing, facilitics previously permitted and
s. Z..N i
applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from.the operation of the industrial activity and be
updated thereafter on an annual basis. Secondary containment, as.specified in Part 11, Section A, Paragraph
2(b) of this permit shall be accomplished prior to,the,beging�f discharges from the operation of the
industrial activity. f� �� %
2. Du to Comply
The permittee must comply with all, conditions of this individual permit. Any permit noncompliance
constitutes a violation of the Clean Water Act -and is grounds for enforcement action; for permit
termination, revocation and rei s ance�or modification; or denial of a permit upon renewal application.
a. The permittee shd/ omply,� i' th standards or prohibitions established under section 307(a) of the
Clean Water Act for'toxic pollutants within the time provided in the regulations that establish
these standards or, prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 per day for each violation. Any person who negligently violates
any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a permit
condition may be assessed an administrative penalty not to exceed $10,000 per violation with the
maximum amount not to exceed 5125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and
40 CFR 122.41(a).]
Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A].
d. Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class
I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed
Part III Page 1 of 8
Permit No. NCS000093
510,000 per day for each day during which the violation continues, with the maximum amount of
any Class II penalty not to exceed S 125,000.
Duty to. Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the
environment.
Civil and Criminal Liability
Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though thresponsibility for effective compliance may be
temporarily suspended. f/e ��\
Oil and Hazardous Substance Liability
Nothing in this individual permit shall be construe'd-toes t
preclude,the institution of any legal action or relieve
the permittee from any responsibilities, liabilities or penaltio which the permittee is or may be subject
to under NCGS 143-215.75 et seq. or Section 31 1 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this individual permit does not convey any property rights in either real or personal
property, or any exclusive privileges nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement ofFederal, State or local laws or regulations.
7. Severability
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected.
thereby.
8. Du to Provide Information
The pennittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
permit issued pursuant to this individual permit or to determine compliance with this individual permit.
The permittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit.
Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this individual permit shall,
upon conviction, be punished by a fine of not more than 510,000 per violation, or by imprisonment for not
more than two years per violation, or by both. If a conviction of a person is for a violation committed after
a first conviction of such person under this paragraph, punishment is a fine of not more that 520,000 per
day of violation, or by imprisonment of not more than 4 years, or both.
Part III Page 2 of 8
Permit No. NCS000093
10, Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation,
or certification in any record or other document submitted or required to be maintained under this
individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon
conviction, be punished by a fine of not more than SIO,000 per violation, or by imprisonment for not more
than two years per violation, or by both.
SECTION B: GENERAL CONDITIONS
I . Individual Permit Expiration
The permittee is not authorized to discharge after the expiration�dateln 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-pH'or to the expiration date. Any
permittee that has not requested renewal at least ISO 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§1 3-2153.6 and 33 USC 1251 et. seq,
2. Transfers /6/
This permit is not transferable to any person except.aftF"r notice to and approval by the Director. The
Director may require modification or re/ vocation.and '�eissuance of the permit to change the name and
incorporate such other requirements,as may be,necessary under the Clean Water Act. The Permittee is
required to notify the Division.m writing,in'the event the permitted facility is sold or closed.
Siiinatory Reauirements —)1 `,
All applications, reports,for information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) In the case of a corporation: by a principal executive officer of at least the level of vice-
president, or his duly authorized representative, if such representative is responsible for
the overall operation of the facility from which the discharge described in the permit
application form originates;
(2) In the case of a partnership or limited partnership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state, or other public entity: by a principal executive officer,
ranking elected official, or other duly authorized employee.
All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
Part III Page 3 of 8
Permit No. NCS000093
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonments for knowing- iolations."
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing the individual,permit, or terminating the individual permit as
allowed by the laws, rules, and regulationscontainedin/Tit el 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 alN / V (
Permit Actions
The permit may be modified, revokedIAnd reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance {does not stay any individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The pennittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this individual permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a pennittee only when the operation
is necessary to achieve compliance with the conditions of this individual permit.
Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt
or reduce the permitted activity in order to maintain compliance with the condition of this individual
permit.
Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a penmittee for bypass unless:
Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
Part III Page 4 of 8
Permit No. NCS000093
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
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
E. Representative Sampling 9��\
Samples collected and measurements taken, as required herein, shall be•characteristic of the volume and
nature of the permitted discharge. Analytical sampling -shall beperformed during a representative storm
event. Samples shall be taken on a day and time that•is characteristic of the discharge. All samples shall
be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not lie}changed without notification to and approval of
the Director. /J /
2. Recording Results <\
For each measurement, sample„ Inspection ormaintenance activity performed or collected pursuant to the
requirements of this individual permit, th permittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity;
The individual(s)"who performed the sampling, measurements, inspection or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f The results of such analyses.
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant
to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136.
Part Ill Page 5 of 8
Permit No. NCS000093
To meet the intent of the monitoring required by this individual permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure.
Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of
outfalls.
Records Retention
Visual monitoring shall be documented and records maintained at.thfacility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also•be maintained on -site. The
i
pennittee shall retain records of all monitoring information, including all.calibration and maintenance
records and all original strip chart recordings for continuous monitoring•instrumentation, and copies of all
reports required by this individual permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may -be extended.by request of the Director at any time.
Inspection and Entry
The permittee shall allow the Director, or art auth6rized'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, n authorized representative of a municipal operator or the separate storm
sewer system receiving the dischargeu n,the presentation of credentials and other documents as may be
required by law, to; Ill /�
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records mmus� ;kept under the conditions of this individual permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this individual permit;
Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this individual permit; and
Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
Discharge Monitoring Reports
Samples analyzed in accordance with the teens of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be delivered to the
Division no later than 30 days from the date the facility receives the sampling results from the laboratory.
AR
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving
all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
Part III Page 6 of 8
Permit No. NCS000093
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report (QMR) 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 DWQ's specific
requirement to do so.
Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address:
Division of Water Quality
Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Availability of Reports
Except for data determined to be confidential under NCGS 1.43 215.3(a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all reports prepared in accordance with t e terms shall be available for public
inspection at the offices of the Division of Water Qual itj�s•rcquired 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:NCGSNl43. 215.6B or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored irf accordance with,this'individual permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this infortnation,with the stormwater discharge monitoring report.
5. Planned Changes
The permittee shall give notibe•to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the individual permit requirements.
7. Bypass
Anticipated bypass. if the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
Twenty-four Hour Reporting 14
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
Part III Page 7 of 8
Permit No. NCS000093
t0.
the time the permittee became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances.
The written.submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been received
within 24 hours.
Other Noncompliance
The permittee shall report all instances of noncompliance not
monitoring reports are submitted.
Other Information
Where the permittee becomes aware that it failed to submit
individual permit or in any report to the Director, it shall pri
24 hour reporting at the time
avant facts in an application for an
submit such facts or information.
Part III Page 8 of 8
NCS000093
PART 1V LIMITATIONS REOPENER
This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2)
and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit; or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this
Act then applicable.
PART V ADMINISTERING AND C
REQUIREM
The permittee must pay the administering and compliance mo
by the Division. Failure to pay the feeln,timely manner in.aci
this Division to initiate action to revoke the,Individual Permit.
1. Act
See Clean Water Act.
2. Arithmetic Mean
other requirements in the
IANCE MONITORING FEE
fee within 30 (thirty) days after being billed
with t5A NCAC 2H .0105(b)(4) may cause
PARTWI DEFINITIONS
The arithmetic mean of any set of values is the summation of the individual values divided by the number
of individual values.
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
#lashings, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
4. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process, activity, or physical structure.
Parts IV, V and VI Page 1 of 5
Permit No. NCS000093
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, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320 gallons.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean WateAct (CWA), as amended, 33
USC 1251, et. seq. ( /
8. Division or DWQ v
The Division of Water Quality, Department of Enviro ent and Natural Resources.
9. Director /U//
The Director of the Division of Water Quality, the.permit issuing authority.
10. EMC ��
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or
qualitatively monitored must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility
or a surface storage facility.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
15. 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.
Part VI Page 2 of 5 Pages
Permit No. NCS000093
16
17
18
19
20.
21
22
23
Industrial materials or activities include, but are not limited to, material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terms and conditions described in 40 CFR § 122.26(g).
Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding
topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations.
Permittee
The owner or operator issued a permit pursuant to this individual permit.
Point Source Discharge of Stormwater � �\//
17
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. %
Representative Storm Event
A storm event that measures greater than 0A^inches of rainfall and that is preceded by at least 72 hours in which no
storm event measuring greater than 0.1 inches has(occurred. A single storm event may contain up to 10 consecutive
.,
hours of no precipitation. For,example, if it rains.for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a,r\ `prouding a discharge begins again within the next 10 hours.
IL
When it is established that the dis �a"r`ge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls; the,DWQ may grant representative outfall status. Representative outfall
status allows the permittee to -perform analytical monitoring at a reduced number of outfalls.
Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse
waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters
utilizing any type of detergent or cleaning agent.
Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm event.
Section 313 Water Priori1y Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA Title 111, Section 313 reporting
requirements; and
Part VI Page 3 of 5 Pages
Permit No. NCS000093-
c. That meets at least one of the following criteria:
(1) Is listed in Appendix D of 40 CFR part 122 on Table II (organic priority pollutants),
Table Ill (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants
and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40
CFR 1 16.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
24. Severe Property Damage
Means substantial physical damage to property, damage to the control,fac i I i ties which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
11
expected to occur in the absence of a bypass. Severe propertyldamage does not mean economic loss
I
caused by delays in production. ! � /�\
25. Significant Materials
7
Includes, but is not limited to: raw materials; fuels;; at als such as solvents, detergents, and plastic
ii i/" 1__1i
pellets; finished materials such as metallic products raw materials used in food processing or production;
hazardous substances designated under section I01(14) of CERCLA; any chemical the facility is required
to report pursuant to section 313 of Title IIIrf SARA;,fertilizers; pesticides; and waste products such as
ashes, slag and sludge that have the potential tolbe.released with stormwater discharges.
26. Significant Spills >—
Includes, but is not limited,�o: re" leasesof oil or hazardous substances in excess of reportable quantities
under section 3 I I of the Clean Water/Act (Ref: 40 CFR 110.10 and CFR 1 17.21) or section 102 of
CERCLA (Ref: 40 CFR k02A)�
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmen.
28. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and which is
directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities
considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14).
The term does not include discharges from facilities or activities excluded from the NPDES program.
29. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution
and is based on an evaluation of the pollution potential of the site.
30. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten
years. Design storm information can be found in the State of North Carolina Erosion and Sediment
Control Planning and Design Manual.
Part VI Page 4 of 5 Pages
Permit No. NCS000093
31. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be
either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the
amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the
measurement of flow at 20 minute intervals during the rainfall event.
32. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet
water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed
water quality assessment that provides the scientific foundation for an,implementation plan. The
implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to
restore and maintain water quality standards in all seasons Thee Clean Water.Act, Section 303, establishes
the water -quality standards and TMDL programs.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1)•9f the Clean Water Act.
34. Upset
� ��sr
Means an exceptional incident'imwhich there is unint'entional and temporary noncompliance with
technology based permit effluent I itaiions because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent caused by operational error, improperly
designed treatment or control' facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
35. Vehicle Maintenance Aclt/rv{r\tv�
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
36. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
37. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part VI Page 5 of Pages
Bombardier Recreational Products
October 23, 2006
NCDEN R — Division of Water Quality
Attn: Bradley Bennett, Supervisor
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: NPDES Stormwater Permit Renewal
BRP US Inc.
Spruce Pine, North Carolina
Mitchell County
Permit Number NCS000093
Dear Mr. Bennett:
BRP US Inc.
1211 Greenwood Road
Spruce Pine, North Carolina
USA 28777
T 828.788.1100 F 828.785.2391
www.brp.com
is i I i {',
I: OCT 3 0 2008 1. _.
..4- A. .
.ln fj'lPJLJ
V 316'q
.36
r26706
The purpose of this letter is to request the renewal of Stormwater NPDES Permit NCS000093 issued to
The BRP US Inc. facility located in Spruce Pine, Mitchell County. I have enclosed two copies each of the
completed "Renewal Application Form", "Stormwater Pollution Prevention Plan Development and
Implementation Certification" form and "Supplemental Information Request" materials.
In reviewing the current permit, I would like to request the following comments be considered when
renewing the permit:
1, BRP believes that methylene chloride is not used in sufficient quantity at the facility to warrant
stormwater sampling. Methylene chloride has been non -detect in all samples collected,
analyzed and reported since 2002. BRP requests this sampling requirement be considered
for removal from the permit.
2. BRP believes sampling each quarter for the last year of the permit term is not warranted
unless established permit limits are exceeded during sampling which may be required during
the first three years of the permit term. BRP requests this requirement be considered for
removal from the permit.
3. According to a September 14, 1993 letter to your office confirming a telephone conversation,
with Mr. Bill Mills, formerly of your office, only Outfall No. 1 should be monitored for the
NPDES permit. However, this is not clear in the current permit. For clarification, all
stormwater associated with industrial activity flows to the facility's stormwater retention pond
Ski -°°a
. s a o0
with overflow from this pond discharging only to Outfall No. 1. BRP requests consideration is
Evin1de
Johnson
Ratak
Bombardier AN
Page 2of2
7
given to identify, in the renewed permit, Outfall No. 1 as the stormwater discharge outfall to
be monitored.
trust this request and submission of information satisfies the requirements for permit renewal pursuant
to the applicable North Carolina Administrative Code 15A NCAC 2H.0105(e). Should you need additional
information or explanation, please contact me at (828) 766-1185.
Respectfully,
&%Mu
Bernice Wilson
Environment, Health and Safety
Cc: Bill Johnson
ski-000
Lynx
Sea-0oo
Evinrude
Johnson
Roiax
Bombardier AN
q�o�wnrFyay PERMIT COVERAGE
RENEWAL APPLICATION FORM Permit Number
National Pollutant Discharge Elimination System NCS000093
Stormwater Discharge Permit
THIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WITH THE REQUESTED SUPPLEMENTAL
INFORMATION TO THE DIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR
RENEWAL OF YOUR STORMWATER PERMIT NCS000093
The following is the information currently in our database for your facility. Please review this information carefully
and make all corrections as necessary in the space provided to the right of the current information.
OWNER INFORMATION
Owner/Org. Name: BRP US, INC.
Owner Contact:
Mailing Address:
Phone Number:
Fax Number
E-mail address:
FACfLITY INFORMATION
Facility Name: BRP US, INC.
Facility Contact:
Facility Address: 1211 GREENWOOD RD
SPRUCE PINE, NC 28777
Phone Number:
Fax Number
E-mail address:
PERMIT INFORMATION
Permit Contact:
Mailing Address:
Phone Number:
Fax Number:
E-mail address:
DISCHARGE INFORMATION
Discharge Receiving Water: ENGI.ISH CREEK
-. Stream Class: .. C
Basin:
Sub -Basin #: 040306
Number of outfalls:
CERTIFICATION
CD
M
o
aS
W. JnH&gk0hj
rAiwo,op ROAD
gE OC Z67771
Q
-� /190 4 c
,
�41 - 4� _En
.-F;__ M101MR-JIMM.tom
s
M-Warew•1. �. t
I certify that I am familiar with the information contained in the application and that to the best of my knowledge and
belief sucj information is true, complete and accurate. Signature'Date 10 - 7-3— Z D 0 (v
Print or type name of person signing above Title
Please return this completed renewal application form to:
Individual Permit Renewal
Attn: Mr, Mike Randall
Stormwater and General Permits Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
SLT"LZti; ENTAL :NF4RJ�l,knO,N REQt"iRED FOA 1SE.NEWAL OF TN-Dl'i'MUAL NPDES
S z OILMWATTR PERMIT
!MCC p:ems a: Czch cf t: e `::Icwini s)ali acNary s:,is Sul ariiral in crd:: fcr t1'h_ cop I,-. iat,'on to be
csicerzd ::lit:•
(Dc net xabrn;t the c'-c Stor nwa-cr gcllutior. F, evmtioa Plan)
Lnizia`:s
1. A c��c? $:tc `ds*, f*om tie Stortnwa::t Felluticn Frcrea::art Plan. 'Ll?e lacati� tsf
li.:11]?tr!al activttics fircMina storage of materials, disposal areas:.,=M areal acd
londing vid '+"loadin; a: errs), drainaga stra;z rv, drainage atew for cad'.. eut:alL tv0ding
1 1wit.ow sr,! shoWd be c1mrly: oted.
A summary• o Aaaly� cal cri_�!g m3um daring ±c term of to e,"i i= -)rr•: iit (,f ycu-
pc!rt? required analyti-mi sarnn1mg). Do not submit tndic•:d;a-� lah rapor!. The .4um ay
can ccasist of s takl ircludiag :act hers as evtfal,-rr1>;.:r, perart n !a nplcu, lab
res:tl:s, da-c Sant?i:d, and star'^; cvty d3,a. it
A aumMiry nfihe Vinial `Aori:r,,-mS xtu:m nm wcrvt in3•rdu l tra ti_ori*.g r art:.
T:nc surr=:ery ach tmaist w: a ralo inchlnz s-":i itern! a3 'mt-0411 u=r,bv, !-ar te,e:s
s�!-+.�nnd. c�Fcr:aka-ts, � da_•z L"t012'�C1g rCSidL'Ct�.
-4, A )umr ar.. zf I€ta Scst tla»ag Fez 7:'rscuccs utilized ar ,^C FCtr_!!Md -:}:r . Sari .ry-
sr� r„ 1 cenrist cfa Anon nar.a?i�le clr+.r_Pti-on of etch B IP'! in .-is.e ci tb� fi3C l?'. the
•)f a V i ;18rzed. p✓ :asc L-*C1U va
-8t-x;vr describitrg an— : snTl� CYAt ;hp—,.ps in i?�:Sjsri wt aQtN'lti8t at +;ez-TLirw
5iviEct w,;;uMtt9 Cculd it. -Me We addi:icr C' delat,--n ctw•nrk. pro;:53G}:
:}?1,! @5 Wt ,`trill S38Tdi:tip 1`T3CSiteS, :'F�rr_E i LH sz;a?� .CI <tCra�C 'tkiCClCs.. andtr
champ.; :r. T-" a rartr mwe .* in . jzd b_, t':z ft c,-Uty.
cF tha deve1cpmen: and st +ic-rreratio t c: a Stnsctl,r.:cr P.ltuticr F:comii• r,
Y'lan kn- tae perm-:.-d facility (Sig-L and -Hair . a: --Ached fcr_;.
* if Lhc f.-W year a!'al,A.c-1 rnorztcriz'.g o£>k c;sd .r$ p:r~+.it t--= 1!83 notbect completed
pric-r to 0h7ig th. rmc,v.l aubmi7tai, then tho lad wars mositcrng resutt.4 &horld be
sisar-itmd viL.' :0 Baas ofreceipt of t ! labcrat4--,v tcp: fl.c. do :tot withhold renew»i
y,;cmi::ai wFiNm on lab re�ui`.c1
Rcp:4,s4vu i,c stmm. 5i:glirg rrey r_o� Jc co: e-lacted anyvirc wring :h: year (ihe Aprd i.,
Novrrtber 1v: id ,w hag been cl-rd1;€t - and iws re. ra;cntasive rainfill ZVcrt is ac,v
Aened u a Storm C rC:t that 3mxer than 0 1 inzhes slid i! by at I=n ; L
hM-q in whic', no 9t *r- cv=! 1 1eSS ��.1* ; 2ru ter tl!f!:: t',1 has necu !'■e.
9
SUPPLEMENTAL INFORMATION
FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT
BRP US Inc. Spruce Pine, Mitchell County
Permit No. NCS000093
1. Current Site Map attached
2. Analytical Monitoring Summary attached
3. Visual Monitoring Summary attached
4. Best Management Practices Summary attached
5. Significant Changes in Industrial Activities Summary attached
6. Certification of the development and implementation of a SWPP Plan attached.
4
1 300.000 Gal.
WASTE \ DISPOSAL AREA FIRE WATER STORAGE
i OUTFALL No. 3 TWO (2) WATER HOUSmp
\ BATH VAPORIZER PROPANE ELECTRIC
OUTFALL No. 1 BOTTLE FILL SUB -STATION
OUTFALL No. 2 — -
r
DETENTION
A POND
t �
r)MC SPRUCE PIN O F L N. 6
PROPANE
TANK FARM
IT
190 -
u5 PLAN f(� BULK PROPANE
UN -LOAD AREA
PLANT
NOTES:
1. OUTFALL No. 1 RUNOFF AREA
TOTAL AREA - 305.845 SO FT
IMPERVIOUS = 244.418 SO FT
PERVIOUS = 61.427 SO FT
RUNOFF COEF = .603
2, DETENTION POND
WILL HOLD A ONE INCH
RAINFALL
3. OUTFALLS No. 2 & 3
RUNOFF IS FROM
UNDEVELOPED AREAS.
4. OUTFALLS No. 4 & 5 ARE
PART OF EMPLOYEE
PARKING AREA
BEAK AREA
OFFICE
ADDITION
DUST COLLECTORS &
/ SAND PRE-TREATMENT
1 MAIN
OYES STACK
0 P KING
AREAS
OUT ALL No. 5
SHIPPING & 0UTFALL No. 4
RECEIVING
CATALYTIC ~
HOUSE 23,112 ACRES
cn
0
mm
ron
OG
�n
cm
�-0
oz
xm
�x
mO
m�
c�
m
Ob
z;a
�o
az
za
5
BRP US Inc. Spruce Pine, Mitchell County Analytical Monitoring Summary October 2006
Permit No. NCS000093 Monitoring Schedule 10/1/01 - 9/30/05
LOCATION
DATE SAMPLED
PARAMETER
SAMPLED
ANALYTICAL
RESULTS
u /L
TOTAL
RAINFALL
inches
EVENT
DURATION
hours:minutes
TOTAL FLOW
MG
Outfall No. 1
9/14/2002
Methylene Chloride
ND <5.0
0.31
10:30
0.086
Outfall No. 1
11/24/2003
Methylene Chloride
ND <0.25
0.11
7:20
0.027
Outfall No. 1
10/19/2004
Methylene Chloride
ND <5.0
0.13
0:55
0.0319
Outfall No. 1
10/27/2004
Methylene Chloride
ND <5.0
0.36
0:48
0.0884
Outfall No. 1
3/22/2005
Methylene Chloride
ND <5.0
0.30
7:45
0.074
Outfall No. 1
6/27/2005
Methylene Chloride
ND <5.0
1.60
2:15
0.393
Outfall No. 1
9/29/2005
Methylene Chloride
ND <5.0
0.14
10:10
0.034
�1
BRP US Inc. Spruce Pine, Mitchell County Visual Monitoring Summary October 2006
Permit No. NCS000093 Monitoring schedule 10/1101 - 9130-05
DATE
LOCATION
COLOR
ODOR
CLARITY
FLOATING
SOLIDS
SUSPENDED
SOLIDS
FOAM
OIL
SHEEN
COMMENTS
Outfall No. 1
none
none
clear
bead
none
no
no
Outfall No. 2
none
none
clear
none
none
no
no
04/25/01
Outfall No. 3
none
none
clear
none
none
no
no
Outfall No. 4
none
none
clear
none
none
no
slight
PARKING LOT DRAINAGE ONLY
Outfall No. 5
none
none
clear
none
none
no
no
Outfall No. 6
none
none
clear
none
none
no
no
Outfall No. 1
none
none
clear
bead
none
no
no
Outfall No. 2
none
none
clear
none
none
no
no
10/15/01
Outfall No. 3
none
none
clear
none
none
no
no
Outfall No. 4
none
none
clear
none
none
no
no
Outfall No. 5
none
none
clear
none
none
no
no
Outfall No. 6
none
none
clear
none
none
no
no
Outfall No. 1
none
none
clear
bead
none
no
no
Outfall No. 2
none
none
clear
none
none
no
no
05/14/02
Outfall No. 3
none
none
clear
none
none
no
no
Outfall No. 4
none
none
clear
none
none
no
very light
PARKING LOT DRAINAGE ONLY
Outfall No. 5
none
none
clear
none
none
no
very light
PARKING LOT DRAINAGE ONLY
Outfall No. 6
none
none
clear
none
none
no
no
Outfall No. 1
none
none
clear
some
none
no
no
floating solids- bead, leaves
Outfall No. 2
none
none
clear
none
none
no
no
09/14/02
Outfall No. 3
none
none
clear
none
none
no
no
Outfall No. 4
none
none
clear
none
none
no
slight
PARKING LOT DRAINAGE ONLY
Outfall No. 5
none
none
clear
none
none
no
slight
PARKING LOT DRAINAGE ONLY
Outfall No. 6
none
none
clear
none
none
no
no
Outfall No. 1
none
none
clear
some
none
no
no
floating solids- bead, grass
Outfall No. 2
none
none
clear
none
none
no
no
06/18/03
Outfall No. 3
none
none
clear
none
none
no
no
Outfall No. 4
none
none
clear
none
none
no
no
Outfall No. 5
none
none
clear
none
none
no
no
Outfall No. 6
none
none
clear
none
none
no
no
Outfall No. 1
clear
none
clear
minimal
some
no
slight
floating solids - leaves
Outfall No. 2
clear
none
clear
none
none
no
no
11/24/03
Outfall No. 3
clear
none
clear
none
none
no
no
Outfall No. 4
clear
none
clear
none
none
no
slight
PARKING LOT DRAINAGE ONLY
Outfall No. 5
clear
none
clear
none
none
no
Ino
slight
PARKING LOT DRAINAGE ONLY
Outfall No. 6
clear
none
clear
none
none
Ino
�,
BRP US Inc. Spruce Pine, Mitchell County Visual Monitoring Summary October 2006
Permit No. NCS000093 Monitoring schedule 1011/01 - 9/30-05
Outfall No. 1
clear
none
clear
minimal
minimal
no
no
floating solids - few bead
Outfall No. 2
none
none
NA
NA
NA
NA
NA
no discharge
06/24/04
Outfall No. 3
none
none
NA
NA
NA
NA
NA
no discharge
Outfall No. 4
none
none
NA
NA
NA
NA
NA
no discharge
Outfall No. 5
none
none
NA
NA
NA
NA
NA
no discharge
Outfall No. 6
none
none
NA
NA
NA
NA
NA
no discharge
Outfall No. 1
clear
none
clear
none
minimal
no
no
Outfall No. 2
clear
none
clear
none
none
no
no
10/19/04
Outfall No. 3
clear
none
clear
none
none
no
no
Outfall No. 4
clear
none
clear
none
none
no
no
Outfall No. 5
clear
none
clear
none
none
no
no
Outfall No. 6
clear
none
clear
none
none
no
no
Outfall No. 1
clear
none
clear
none
minimal
no
no
Outfall No. 2
clear
none
clear
none
none
no
no
03/22/05
Outfall No. 3
clear
none
clear
none
none
no
no
Outfall No. 4
clear
none
clear
none
none
no
no
Outfall No. 5
clear
none
clear
none
none
no
no
Outfall No. 6
clear
none
clear
none
none
no
no
Outfall No. 1
clear
none
clear
none
minimal
no
no
Outfall No. 2
clear
none
clear
none
none
no
no
09/29/05
Outfall No. 3
clear
none
clear
none
none
no
no
Outfall No. 4
clear
none
clear
none
none
no
no
Outfall No. 5
clear
none
clear
none
none
no
no
Outfall No. 6
clear
none
clear
none
none
no
no
Outfall No. 1
clear
none
clear
none
none
no
no
Outfall No. 2
clear
none
clear
none
none
no
no
04/28/06
Outfall No. 3
clear
none
clear
none
none
no
slight
oil sheen from vegetation decom
Outfall No. 4
NA
NA
NA
NA
NA
NA
NA
no discharge
Outfall No. 5
NA
NA
NA
NA
NA
NA
NA
no discharge
Outfall No. 6
NA
NA
NA
NA
NA
NA
NA
no discharge
4. Best Management Practices Summary
Best management practices at the Spruce Pine facility include good house keeping practices,
preventive maintenance, considerations of materials compatibility, security measures, and
employee training on pollution prevention and spill response.
Good House Keeping Practices
Good house keeping practices include:
• maintaining a clean and orderly facility,
• careful storage of drums and totes containing chemical materials,
• secondary containment structures for tanks, drums and totes of chemical materials
having the potential to impact stormwater discharge,
• contained storage for bulk spent sand,
• contained storage for metal chips and metal scrap,
• covered storage for empty drums qued for recycling and,
• covered storage for excess and project equipment and materials.
Preventive Maintenance
Preventive Maintenance practices include:
• Establishing Preventive Maintenance (PM) tasks and schedules specific to equipment
and pollution control devices,
• Using a Maintenance Management Software (MP2) to track and document not only PM
efforts but regular maintenance efforts as well,
• Establishing routine inspections of equipment and pollution control devices specific to
Permit requirements and/or vendor recommendations and,
• Establishing monitoring requirements specific to Permit requirements and/or vendor
recommendations,
Materials Compatibility
Materials compatibility practices include:
• Careful review prior to the purchase of any new process chemicals, or materials by
following the procedures established in the "New Chemical Approval Procedure",
• Avoiding the reuse of any storage equipment, vessels or containers for material other
than what was originally in the equipment, vessel, or container,
• Consideration of coatings or cathodic protection for buried pipeline or tanks, to reduce
corrosion,
• Consideration of exposure to incompatible materials when storing process chemicals or
relocating processes in the production areas.
Security Measures
Security practices include:
• Exempt and maintenance personnel being responsible for maintaining a constant
awareness of facility activities and personnel,
All employees being aware of normal operating conditions in their respective areas and
immediately reporting any abnormal operating conditions observed such as oil leaks or
spills, chemical spills, unusual discharges, etc. and,
All employees being aware of strangers entering the facility and immediately reporting
their presence to facility management.
Personnel Training
Personnel training includes:
• Annual SWPP Plan awareness training,
• 40-hour HAZWOPER with annual refresher training for Emergency Coordinators and,
• Training for affected personnel when equipment or process changes affect the SWPP
Plan.
F—A
5. Significant Changes in Industrial Activities
41h Qtr 2001 - Addition of CNC machines using water soluble cutting fluid
41" Qtr 2001 - Addition of chrome conversion coating process using alkaline cleaner, acidic
deoxidizes, acidic chromate conversion bath and polymer seal (all water diluted in process with
process wastewater discharged to Town of Spruce Pine POTW per UP Permit No. 002.
4" Qtr 2001 - Addition of porosity sealing process using methacrylate based sealant
41" Qtr 2001 - Addition of dry filter spray painting booth using high solids two-part epoxy
paint/catalyst and methyl n-amyl ketone
41" Qtr 2001 - Addition of wastewater pre-treatment system using sulfuric acid, sodium
metabisulfite, caustic soda liquid, aluminum sulfate and flocculant.
2"d Qtr 2004 — Replaced catalytic oxidizer with regenerative thermal oxidizer
3rd Qtr 2006 — Installed new shotblast machine and dust collector — replaced existing units
3`d Qtr 2006 — Addition of two CNC machines using water soluble cutting fluid
M
STORMWATER POL,LLJTION PREVENTION PLAN
DEVELOPMENT AND I1�IPLEMENTATION
CERTIFICATION
N.C. Division of Water Quality, Stormwater and General Permits Unit
Facility Name:
BRP US, INC.
Permit Number:
NCS000093
Location Address:
I211 GREENWOOD RD
SPRUCE PINE, NC 28777
County:
MITCHELL
"I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachtnents
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"
"I certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully
implemented at the named facility location in accordance with the terms and conditions of the Stormwater general
permit."
"I am aware that there are significant penalties for falsifying information, including the possibility of fines and
imprisonment for knowing violations"
Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE
STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION.
Signature
Print or type name of person signing above
Date [ d - Z 3 - z00 &,
1)REU0Z OF M-AdUFYcPJN6-
Title
SPPP Certification 2/99
of w A rFR
O� QG.
r
�
August 18, 2006
BRP US, Inc.
Attn: Bernice Wilson
1211 Greenwood Road
Spruce Pine, NC 28777
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Aian-W. Klimek, P.E. Director
Division of Water Quality
Subject: NPDES Stormwater Permit -Renewal
BRP US, Inc.
NCS000093
Mitchell County
Dear Ms. Wilson
Your facility is currently covered for stormwater discharge under NPDES Permit NCS000093. This permit
expires on April 30, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an
application for permit renewal be filed at least 180 days prior to expiration of the current permit_ In order
to assure your continued coverage under your permit, you must apply to the Division of Water Quality
(DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance
that your permit will be expiring. Enclosed you will find an individual permit renewal application form,
supplemental information request, and Stormwater Pollution Prevention Plan certification.
Filing the application form along with the requested supplemental information will constitute your
application for renewal of your permit. As stated above, the application form must be completed and
returned along with all requested information by October 30, 2007 in order for the permit to be renewed.
Failure to request renewal by October 30, 2007 may result in a civil assessment of at least $500.00.
Larger penalties may be assessed depending on the delinquency of the request. Discharge of
stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a
violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day.
If you'have any questions regarding the permit renewal procedures please contact Mike Randall of the
Stormwater Permitting Unit at (919) 733-5083, ext..545.
Sincerely,
Bradley Bennett, Supervisor
Stormwater Permitting Unit
cc: Central Files
Stormwater Permitting Unit Files
Asheville Regional Office
o NCarolina
Nah ma!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet. h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX . (919) 733-2496 1-877-623-6748
An Equal OpporlunitylAffirmative Action Employer— 50% Recycledl10% Post Consumer Paper.
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, P.E., Director
December 29, 2005
BMCS SPRUCE PINE
ATTN: ROGER CRAWFORD, OR SUCCESSOR
200 SEA HORSE DR
WAUKEGAN, IL 60085
Dear Permittee:
1�•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NPDES Stormwater Permit Renewal
BMCS Spruce Pine
Permit Number NCS000093
Mitchell County
Your facility is currently covered for stormwater discharge under NPDES Permit NCS000093. This permit expires
on August 31, 2006. North Carolina Administrative Code (l5A NCAC 2H.0105(e)) requires that an application
for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your
continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of
your permit. To make this renewal process easier, we are informing you in advance that your permit will be
expiring. Enclosed you will find an individual permit renewal application form, supplemental information request,
and Stormwater Pollution Prevention Plan certification.
Filing the application form along with the requested supplimental information will constitute your application for
renewal of your permit. As stated above, the application form must be completed and returned along with all
requested information by in order for the permit to be renewed by August 31, 2006.
Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be
assessed depending on the delinquency of the request. Discharge of stormwater from your facility without
coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could
result in assessments of civil penalties of up to $25,000 per day.
If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and
General Permits Unit at (919) 733-5083, ext. 548.
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
stormwater and -General -Permits -Unit -Files
Asheville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
of WATE
�0 QG
0 Y
Mr. William W. Johnson
BRP US, Inc.
10101 Science Drive
Sturtevant, WI 53177
Dear Mr. Johnson:
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 28, 2005
Subject: Permit No. NCS000093
BRP US, Inc.
Formerly Bombardier Motor Corporation
of America
Mitchell Co.
Division personnel have reviewed and approved your request to change the your name under the individual
permit, received on October 17, 2005.
Please find enclosed the revised Certificate of Coverage. The terns and conditions contained in the permit
remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North
Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency.
If you have any questions, please contact the Stormwater Permitting Unit at (919) 733-5083, extension 502.
Sincerely,
CKLSIGNED �Y
Alan W. Klimek P. E.
cc: DWQ Central Files
Asheville Regional Office, Water Quality Section
Stormwater Permitting Unit
o ` NCarolina
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet: h2o.enr.statem.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 500% Recycledl100% Post Consumer Paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT NO. NCS000093
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision 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,
BRP USJNC.
is hereby authorized to discharge stormwater from a facility located at
BRP US, INC.
1211 GREENWOOD ROAD
SPRUCE PINE
MITCHELL COUNTY
to receiving waters designated as English Creek, a class C stream, in the French Broad River Basin in accordance
with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, III, IV, V, and VI
hereof.
This permit shall become effective October 28, 2005.
This permit and the authorization to discharge shall expire at midnight on April 30, 2007.
Signed this day October 28, 2005. ORIGINAL SIGNED BY
KEN PICKLE
Alan W. Klimek, Director
Division of Water Quality
By Authority of the Environmental Management Commission
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
February 19, 1999
J A ROSENCRANCE
OUTBOARD MARINE CORPORATION
1025 GREENWOOD ROAD
SPRUCE PINE, NC 28777
1 LT?WAA •
�-
NCDENR
ENVIRONMENT AND NATURAL RESOURCES
Subject: NPDES Stormwater Permit Renewal
Outboard Marine Corporation
Permit Number NCS000093
Mitchell County
Dear Permittee:
Your facility is currently covered for stormwater discharge under NPDES Permit NCS000093. This permit
expires on August 31, 1999. In order to assure your continued coverage under your permit, you must apply to the
Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are
informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal
application form, supplemental information request, and Stormwater Pollution Prevention Plan certification.
Filing the application form along with the requested supplemental information will constitute your application for
renewal of your permit. The application form must be completed and returned along with all requested
information within thirty days of receipt of this letter in order to constitute a timely renewal filing.
Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual
fees have been changed, The new annual fee for your permit is now $715.00 (you will be invoiced later this year
for your annual fee.) A copy of the new fee schedule is enclosed in this package.
Failure to request renewal within the time period indicated may result in a civil assessment of at least $250.00.
Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from
your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS
143-215.1 and could result in assessments of civil penalties of up to $ I0,000 per day.
If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater
and General Permits Unit at (919) 733-5083, ext. 548.
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Asheville Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
April 20, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
] A ROSENCRANCE
OUTBOARD MARINE CORPORATION
1025 GREENWOOD ROAD
SPRUCE PINE. NC 28777
Dear Permittee:
4 • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: FINAL NOTICE - NPDES Stormwater Permit Renewal
Outboard Marine Corporation
Permit Number NCS000093
Mitchell County
Your facility is currently covered for stormwater discharge under NPDES Stormwater Permit NCS000093. This
permit will expire on August 31, 1999. North Carolina General Statute 143.215.1(c) requires that an application
for permit renewal be filed no later than 180 days prior to the expiration date. A prior notice of renewal was sent
for this site on February 19, 1999. To date, no response has been received by the Division of Water Quality
(DWQ). In order to assure your continued coverage under the NPDES Stormwater permit, you must apply to
DWQ for renewal of your permit.
Enclosed you will find a permit renewal application form, supplemental information request, and Stormwater
Pollution Prevention Plan certification. Filing the application form along with the requested supplimental
information will constitute your application for renewal of your permit. The application form must be completed
and returned along with all requested information by May 14, 1999 in order to assure continued coverage under the
NPDES permit.
Failure to request renewal by May 14, 1999 will result in a civil assessment of at least $250.00. Larger penalties
may be assessed depending on the delinquency of the request_ Discharge of stormwater from your facility without
coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could
result in assessments of civil penalties of up to $10,000 per day.
If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and
General Permits Unit at (919) 733-5083, ext. 548
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc_ Central Files
Stormwater and General Permits Unit Files
Asheville Regional Office
P.O. Box 29535, Raleigh, Borth Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
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