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HomeMy WebLinkAboutNCS000244_HISTORICAL WITH APPLICATION_20141215STORMWATER-DIVISION CODING -SHEET PERMIT NO. DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO P� APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ o DI `'(! I YYYYM M DD 0. f.+a;1�—hA RD — S _ JPC4* q Aiv 9C1 WR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvada, III Governor Secretary December 15, 2014 r, E (CIE 9 V E Mr. Andrew J. Simmons, Jr. i'' DEC 19 2014 American Distillation, Inc. P.O. Box 400 BY: Leland, NC 28451 Subject: Final NPDES Stormwater Permit Permit No. NCS000244 L American Distillation - Navassa 5 • ' Brunswick County Dear Mr. Simmons: In response to your renewal application for continued coverage under NPDES Stormwater permit NCS000244, the Division of Energy, Mineral and Land Resources is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The final permit contains no significant changes from the draft permit that was noticed on October 24, 2014. The monitoring strategy remains the same (quarterly) as the previous term of the permit. Please note that analytical and qualitative monitoring is required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 4 "Penalties for Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. Division of Energy, Mineral, and land Resources Energy Section - Geological Survey Section • land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Intemet: httpalportal.ncdenr.orcwebllrl An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NCS000244 Page 2 of 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 the Division of Energy, Mineral and Land Resources, or permits required by the Division of Water Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions or comments concerning this permit, contact Julie Ventaloro at (919) 807- 6370 orjulie.ventaloro@ncdenr.gov. Sincerely, for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Wilmington Regional Office, S. Pusey Storrnwater Permitting Program Files Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303 DWR Central Files Attachment: Permit NCS000244 NCS000244 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES . DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES `11011KN G1:Z�.�iIli]:�ah►►1:M11a&[P�-07a}:ZIII.10 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, American Distillation, Inc. is hereby authorized to discharge stormwater from a facility located at American Distillation - Navassa 1690 NE Royster Road Leland, NC Brunswick County to receiving waters designated as Cartwheel Branch a class SC,Sw stream in the Cape Fear - River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II,1I1, and IV hereof This permit shall become effective January 1, 2015. This permit and the authorization to discharge shall expire at midnight on December 31, 2018. Signed this day December 15, 2014. for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NCS000244 TABLE OF CONTENTS PART 1 INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED . DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply I Permit No. NCS000244 Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS IT Permit No. NCS000244 PART I - INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure -Certification Notice of Intent (NOI) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000244 � . / 1 �te r`t =� .� '• a + �.s �-.» - .� •tip , µ �'�� � r •''1 s /tiq� �f l � � � '- ��►, + r-ff •► . �'��� 5 �..tr�, �'� s M1 Fait.! $ e _ �' . •�;, i _ ; . _ r � � LL,�. ; �� �•� + r �'` ��= .tea 1��" ''.i '•^..�_ J 1 yj \ ti .y41 .t r�.. s.� ) ,� ��� !•x. i�:gi��s' •.,) - 7.t ti*•-..'a!S. •'y .�•. i � iy +\� � '..r a.E!�u;/,Y. }f.,� American 13 Ull'ation, Inc. ,It} y j s_ _ •• _ .:1 = i fps, i • - tiVA Vg •—fig •_ _ _. • s. �'4 f,y�r �% . ,..:«����- � '�' �•s,i �• L--1 �l,`� � � �`• M1C� •� -:•'i• s. err. - � ,s _� .'; �- ._,•�,.�' �, .,*�.._ �`���_ �, . - �. � � � Key �t ;•�•� �'. • •: •. • • fr ( mil' ( „� r r t ! i,. ti -1 .. 3TP • • J 1 7 RI' CS®®®244 X E S Map Stale 1.24, 000 American Dis#iilation, Inc American Distiliation - Naavassa Latitude: 340 16' 08" N Longitude: 780 00' 56" W County: Brunswidc ReceMng Stream: Cartwheel Branch Index No: 18-72 Stream Class: SC,SW Sub -basin: 03-06-17 (Cape Fear River Basin) Fadlfty Location Part i Page 2 of 2 Permit No. NCS000244 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: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A lust of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part 11 Page 1 of 12 Permit No. NCS000244 (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 111, Standard Conditions, Section 8; 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: hulk storage of liquid vials: storage in any —amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) wate d sty chemicals: and storage in anyamount 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 tested for isopropyl alcohol, ethanol, methanol, and tert-butyl alcohol using gas chromatography prior to being released. Accumulated stormwater shall be released if found to be uncontaminated. The benchmarks listed in Table 3 of this permit will be used to determine contamination. The monitoring discussed in this paragraph must be continued until the permit is renewed, rescinded, or revoked. Records documenting the results of the gas chromatography tests, the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept until the permit is renewed, rescinded or revoked. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a Partll Page 2 of 12 Permit No. NCS000244 written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. 5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at -a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part 11 B, C, and D of this permit. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. ' The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. Part 11 Page 3 of 12 Permit No. NCS000244 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 for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See'Monitoring Forms' here: hhttp: 1112ortal.ncdeni.org/web/lrinpdes-stormwater). The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part II1, 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'& authorized representative immediately upon request. Part 11 Page 4 of 12 Permit No. NCS000244 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as'specified.in Table 1. All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See Definitions. Table 1. Analytical Monitoring Requirements Discharge Characteristics Units' Measurement Fie en 1 Sample T e2 Sample 'Location3 Biochemical Oxygen Demand (BOD) mg/L Quarterly Grab SDO Chemical Oxygen Demand (COD) mg/L Quarterly Grab SDO Total K'eldahl Nitrogen T m E& Quarterly Grab SDO Non -polar oil and ease/TPH mgfL Quarterly Grab SDO Total Suspended Solids SS m L Quarterly Grab SDO H standard Quarterly Grab SDO Isopropyl Alcohol mWL Quarterly Grab SDO Methanol m Quarterly Grab SDO Ethanol m L Quarterly Grab SDO tert-But 1 Alcohol mglL Quarterly Grab SDO Total Rainfa114 inches Quarterly Q Y Rain Gauge - Footnotes: 1 Measurement Frequency: All analytical monitoring will be performed four times 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 facilityis 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. Part 11 Page 5 of 12 Permit No. NCS000244 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted under a "Tier Two" response. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part 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 Monitoring periodl•z Sample Number Start End Year 1- Quarter 1 1 January 1, 2015 March 31, 2015 Year 1- Quarter 2 2 Aril 1, 2015 June 30, 2015 Year 1- Quarter 3 3 July 1, 2015 September 30, 2015 Year 1- Quarter 4 4 October 1, 2015 December 31, 2015 Year 2 - Quarter 1 5 - January 1, 2016 March 31, 2016 Year 2 - Quarter 2 6 Aril 1, 2016 June 30, 2016 Year 2 - Quarter 3 7 July 1, 2016 September 30, 2016 Year 2 - Quarter 4 8 October 1, 2016 December 31, 2016 Year 3 - Quarter 1 9 January 1, 2017 March 31, 2017 Year 3 - Quarter 2 10 April 1, 2017 June 30, 2017 Year 3 - Quarter 3 11 July 1, 2017 September 30, 2017 Year 3 - Quarter 4 12 October 1, 2017 December 31, 2017 Year 4 - Quarter 1 13 January 1, 2018 March 31, 2018 Year 4 - Quarter 2 14 Aril 1, 2018 June 30, 2018 Year 4 - Quarter 3 15 July 1, 2018 September 30, 2018 Year 4 - Quarter 4 16 October 1, 2018 December 31, 2018 Footnotes: 1 Maintain gpaEWr]y monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit. The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. Failure to monitor quarterly per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an Part 11 Page 6 of 12 Permit No. NCS000244 outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. The permittee shall compare monitoring results to the benchmark values in Table 3. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and Tier Three response actions below. In'the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Table 3. Benchmark Values for Analytical Monitorin bischarge Characteristics Units Benchmark ` Biochemical Oxygen Demand, 5-day mg/L 30 Chemical Oxygen Demand (COD) mg/L 120 Total Kjeldahl Nitrogen (TKN) mg/L 20 Non -polar oil and grease/TPH [EPA Method 1664 (SGT-HEM)] mg/L 15 pH standard 6-9 Total Suspended Solids (TSS) mg/L 100 Isopropyl Alcohol mg/L 4,300 Methanol mg/L 7,700 Ethanol mg/L 3,900 tent -Butyl Alcohol mg/L 3,200 The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Part I I Page 7 of 12 Permit No. NCS000244 - - - - _ 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. Identifyand evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the Inspection. S. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response. If: The first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfa11; Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option "of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. 5. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. - 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 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. Part 11 Page 8 of 12 Permit No. NCS000244 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 quarterly as specified in Table 4, and during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery: This documentation will be maintained with the SPPP. Table 4.. Qualitative Monitoring Requirements Discharge Characteristics Frequencyl Monitoring Locati oh2 Color Quarterl SDO Odor Quarterly SDO Clarity quarterly SDO Floating Solids uarterly SDO Suspended Solids Quarterly SDO Foam Quarter!y SDO Oil Sheen Quarterly SDO Erosion or deposition at the outfallQuarter! SDO Other obvious indicators of stormwater pollution Quarterly SDO Footnotes: Monitoring Frequency: Quarterly during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (00) regardless of representative outfall status. Part 11 Page 9 of 12 Permit No. NCS000244 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 is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities that have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table S. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runofj`f -om vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Table S. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics_ -' -Vfi is Measurement Fre ueac f Sample `T . e2 - Sample. Location3 Non -Polar Oil & Grease EPA Method1664 SGT-HEM mg/L Quarterly Grab SDO Total Suspended Solids m L rly Grab SDO Total Rainfal14 inches Quarterl Rain gauge New Motor Oil Usage gallons/month Quarterly Estimate - Part ❑ Page.10 of 12 Permit No. NCS000244 Footnotes: 1 Measurement Frequency: Quarterly during a measureable storm event (unless other provisions of the permit prompt monthly sampling), until either another permit is issued for this facility or until this permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. when physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain guage may be substituted for an on -site reading. Failure to monitor quarterly per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part 11 Section B. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part 11 Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units 'Benchmark.-4 Non -Polar Oil & Grease EPA Method1664 (SGT--HEM) mg/L 15 Total Suspended Solids mg/L 100 Part Il Page 11 of 12 Permit No. NCS000244 PART Ill STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Cgmnliance 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 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. 2. Duty to CQalp�y 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 $37,500 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the ActJs subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)). Part III Page 1 of 9 Permit No. NCS000244 d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $177,500 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. 12uty 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. Ciyd and Cri®.inal Liability Except as provided in Part 111, 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 Sujlgtance 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. Proper Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)]. Part III Page 2 of 9 Permit No. NCS000244 Sever -ability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 1508-23]. 8. 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 fQr 3:aMpering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, -or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 11. onshore or Offshore ConstrUgUon 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. Part III Page 3 of 9 Permit No. NCS000244 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 122.410)(3),122.61] or state statute. The Permittee Is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requiremcnts All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: if an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22]. Part III Page 4 of 9 Permit No. NCS000244 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: "I certify, under penalty of law, that this document and all attachments were prepared under my direction orsupervision in accordance with a system designed to assure that qualified personnel 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. lam aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment far knowing violations " e. Electronic Reports. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person as described in paragraph b. A person, and not a position, must be delegated signatory authority for eDMR or other electronic reporting purposes. The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina's Electronic Discharge Monitoring Report (eDMR) internet application for that purpose. For eDMR submissions, the person signing and submitting the eDMR must obtain an eDMR user account and login credentials to access the eDMR system. 4. PgUait Modifiiati4.R. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 5. PermitActions 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(01. 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 0 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 12efense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)). Part III Page 5 of 9 Permit No. NCS000244 3. Bypassing of Sto[mwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods. of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information f 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. FlomtMeasurements 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. TestProcedures 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 Ievels 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. Partill Page 6 of 9 Permit No. NCS000244 S. 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. b. R"ords Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report submissions, o copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41], 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 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 (httQ;//portal.nCdenr.ore/web/Ir/nodes-stormwater). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 34 days from the date the facility receives the sampling results from the laboratory. Part III Page 7 of 9 Permit No. NCS000244 When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. 2. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit The permittee may be required to use North Carolina's eDMR internet application for that purpose. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the address above. Ay il, abilily 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 143-215.6E 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, Planned Chances 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 Noncom Ln iance 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(I)(2)]. Part III Page 8 of 9 Permit No. NCS000244 7. -SU& 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 ass Notice [40 CFR 122.41(m)(3)]: a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 9. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the. Division's Emergency Response. personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other NonGqmpliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant Facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Part Ill Page 9 of 9 NCS000244 PART IV DEFINITIONS 1. Ash See Clean Water Act 2. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant AMR. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. However, non-stormwater discharges which shall be allowed in the stormwater conveyance system include: a. All other discharges that are authorized by a non-stormwater NPDES permit- b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye wash as a result of use in the event of an emergency. 4. Best Management Practices (EMPs) 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: btW:/Icfpub.Cpa.gov/npdeslstormwatertme,nuofbmps/index.cftn. 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 Liguid Products Liquid raw materials, intermediate products, manufactured products, waste materials, or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. DiviSiQu or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural Resources. Part IV Page 1 of 4 Permit No. NCS000244 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 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 5UbstangC Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal Separate Storm Sewer System (MS4) A 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. Ngtice of Intel The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. 19. Permit Issuing Authority The Director of the Division of Energy, Mineral, and land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No. NCS000244 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 Priorily Chemical A chemical or chemical category which: b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; c. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and d. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 122 on Table lI (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 Proper 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. Sigaificant 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 Part IV Page 3 of 4 Pages Permit No. NCS000244 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. TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at htW:Ilportal.ncdenr.org/web/wq/gsimtultmdl. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act 34. Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25-year. 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part IV Page 4 of 4 Pages Pusey, Steven From: Pusey, Steven Sent: Monday, November 17, 2014 2:03 PM To: 'Mark Walton'; Ventaloro, Julie; nancy@amedcandistillation.net Cc: allen@waltonengineering.net Subject: RE: NPDES Stormwater Draft Permit - NCS000244 Mark, Are you going to issue a certification for the new State stormwater pond at American Distillation this week? If so, do you want me to meet you at the site? Thanks, Steve Pusey From: Mark Walton m ilto:mark w I o en ineerin .n Sent: Wednesday, October 15, 2014 2:06 PM To: Ventaloro, Julie; nancy(a)americandistiiiation.net Cc: allgn@waltonenoineering.net; Pusey, Steven Subject: Re: NPDES Stormwater Draft Permit - NCS000244 Julie, We don't need a paper copy. Thanks, Mark Walton on 10/15/2014 1:36 PM, Ventaloro, Julie wrote: Mr. Simmons, We are seeking your comments on the attached draft permit for the American Distillation, Inc facility in Brunswick County. The cover letter outlines significant changes that were made to the permit since it was last issued as well as some outstanding issues that need your attention. Please review the draft permit and send your comments and required documents (site map, data) to me either by email or regular mail. I've dropped a hard copy in the mail to you as well. The draft has not gone out for public notice yet, but I anticipate that happening by the end of October. I'll let you know when that happens. Please give me a call if ybv hbve any questions. Mork and Allen — Let me know if you would also like to receive a hard copy of the draft permit in �bddltion to the.attdctied electronic copy. Julie-Ventaloro Stormwater Permitting Program NC Division of Energy, Mineral. and Land Resources t612 Mail Service Center, Raleigh, NC 2.7699-1612 Phone: (919) $07-637n Far: (919) 807-6494 Website: bttpli watg�ounp]yWatershed.nc.gov �DE�iR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Andrew J. Simmons. Jr. American Distillation,_ Inc. P.O. Box 400 Leland, NC 28451 Dear Mr. Simmons: John E. Skvarla, III Secretary October 15, 2014 Subject: Draft NPDES Stormwater Permit Permit No. NCS000244 American Distillation - Navassa Brunswick County 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 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 1I, 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 1I, Section A. 3. Benchmarks have been revised for two. parameters. Stormwater 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 as directed in the Tiers (Part I1, Section B). • pH - The pH benchmark is changed from 4.3 - 9 to 6 - 9 to reflect the current standard for pH. : The Oil & Grease parameter is changed to Non -polar Oil & Grease [EPA Method 1664 (SGT-HEM)]; the benchmark for Non -polar Oil & Grease is 15 mg/L. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section - Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 276W1612.919.707.92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://oortal.nodenr.orqtwebA An Equal opportunity 1 Affirmative Action Employer — 50°% Recycled k 10°% Post Consumer Paper NCS000244 Page 2 of 3 4. Vehicle maintenance monitoring parameters have been revised. 'Non -Polar Oil & Grease" by Method 1664 (SGT-HEM) replaces Oil & Crease or TPH. 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 acti«ties. 5. Analytical and qualitative monitoring continues to be required on a uuarterly basis, as shown in Tables 1 and 4, respectively. Similarly, vehicle maintenance monitoring (as applicable) is required quarterly as shown in Table 5. 6. The site map submitted with your renewal materials is insufficient. The locations of all outfalls and swales need to be indicated, as do topographic lines. In your submittal, you reported monitoring data from only one outfall (Outfall 001). During a recent inspection, as well as during a 2007 inspection. Division staff identified two outfalls that were not previously identified. Both of these outfalls are on the western side of the property. One is located near the southern corner of the trailer storage pad. The other is located between the northern end of the stormwater containment pond and the trailer storage pad. These outfalls should be identified and numbered on the site map, and sampled during the upcoming permit cycle. Please also include the newly - constructed stormwater pond, swales, and any other new buildings or containment areas. Please submit a copy of the revised site map, as required by Part I1, Section A (1)(c), to my attention at the address listed atthe bottom of this letter within 30 days following receipt of this. letter. Renewal of your permit may be delayed unless we receive the revised site map. Data provided with your renewal materials indicates numerous instances since 2007 when BOD. COD, and TSS values were well above benchmarks. After the most recent inspection, Division staff indicated that process wastewater flowing into the cooling towers may be one reason for these exceedances. It is our understanding that the process wastewater has since been disconnected from the cooling towers. If you continue to exceed benchmarks, you will be required to respond as directed in the Tiers (Part 11, Section B). S. There is analytical monitoring data missing from 2012, 2013, and 2014. Please submit a copy of the missing data from this period to my attention within 30 days following receipt of this letter. If sampling was not performed during this time period, please provide an explanation in writing as to why a lapse occurred. 9. Your site drains to an area where threatened and endangered species have been identified. The Shortnose Sturgeon (Acipenser hrevirostr-um) is listed as endangered, and the American alligator (Alligator mississippiensis) is listed as threatened. Failure to abide by your stormwater permit may constitute a violation of the Threatened and Endangered Species Act. 10. The proposed. renewal period for this permit is four years instead of five years. This is part of an effort to decrease the large number of individual permits expiring in 2019, NCS000244 Page 3 of 3 therefore enabling staff to process individual renewals in a more timely manner going forward. Please review the draft permit and submit the -requested documents and any comments to me no later than 30 days following your receipt of the draft. Comments may be emailed to me at 0ulie_ventaloro( nedenr,-ov or rnailed to my attention at NCDENR, Land Quality Section, 1612 Mail Service Center, Raleigh, NC 27699-1612. If you have any questions, please email me or call me at (919) 807-6370. Sincerely. v-t 4 q+o—cdW Julie Ventaloro Stormwater Permitting Program Attachment: Draft Permit NCS000244 cc: Stormwater Permitting Program Files DEMLR Wilmington Regional Office, S. Pusey AFFIDAVIT OF PUBLICATION STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Before the undersigned, a Notary Public of Said County and State, Jarimy Springer Who, being duly sworn or affirmed, according to the law, says that he/she is Accounting Specialist of THE STAR -NEWS, a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as STAR -NEWS in the City of Wilmington NC DI V. OF ENERGY, MINERAL, AND LAND RESOURCES INTENT TO ISSUE A STORMWA TER DISCHARGE PERMIT Public comment or objection to the draft permits is invited Submit written comments to DEMLR at the address below. All comments received prior to November 28, was inserted in the aforesaid newspaper in space, and on dates as follows: 10124 Ix And at the time of such publication Star -News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No: 1-597 G.S. of N.C. Title: Acconntin Specialist Sworn or aZQ led to, and subscribed before me this day of Vt, 1DbE(— , A.D., In Testimony Whereof, I have hereunto set my hand and affixed my o year aforesaid. a _5,r 1<� My commission expires day of + ` 20 l 6 A�gLt Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly made and that the summons has been duly and legally served on the defendant(s). This day of Clerk of Superior Court MAIL TO: , . + It NCS000244 STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Regional Office: Wilmington Owner/Company: Facility Name: NPDES Permit Number: Expiration Date: Facility Location: Type of Activity: SIC Code or Description Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements: Response Requested by (Date): Central Office Staff Contact: Central Office Review Summary: 1, Special Issues: RECEIVED OCT 13 2014 DENR-LAND OLIALITY American Distillation Inc. 9T6RMWA%k PERMITTI American Distillation Co - Navassa NCS000244 08/31 /2012 1690 NE Royster Rd, Leland (Brunswick County) Distillation, blending of ethyl alcohol, tert-butyl alcohol, isopropyl alcohol, miscellaneous alkanes, solvents, phosphate chemicals. Also process by-products for other companies, recover usable materials from the by-products, and return them to the original company. This process is calling "tolling." Chemicals and Allied Products, Not Elsewhere CIassified Cartwheel Branch Cape Fear River Basin, Sub -basin 03-06-17 Class SC, SW See attached draft permit. September 12, 2014 Julie Ventaloro (919) 807-6370 a. BENCHMARK EXCEEDANCES: There were numerous instances since 2007 when BOD, COD and TSS values were above benchmarks. What is causing these high values? fee C / of f a " 6 ` l Y b. UNKNOWN OUTFALL LOCATION. It is unclear from renewal application materials where the discharge is being sampled. Permittee states that stormwater is collected from the tank areas then sampled to determine if it can be released or requires cleaning/treatment. So is the data they provide reflective of the sample prior to "treatment" in Tank 50? Or is the sample collected after it is released from Tank 50, but before being released into a swale that runs into Carthwheei Branch? Also, it is unclear if the site discharges directly to the creek itself or to a POTW. Sec, C, , n, ; r j /0 _ C - / y c. INSUFFICIENT SITE MAP: The location of the outfall needs to be indicated, as do topo lines and swales. it d. INSPECTION FOLLOWUP NEEDED: BiMS indicates the facility was inspected by WiRO in 2013. Staff reported that Tank 23 and surrounding area may need secondary containment - has this occurred? See further details in 2013 inspection report. It Pagel of 4 NCS000244 2. Changgs at the b6fily 5inggg ' : There have been no significant changes in industrial activities at the facility. The permittee states that they started sending their wastewater to Brunswick County POTW beginning in 2010. 3. Threatmed and Endangcred Spgcics: The site drains to an area where threatened and endangered species have been identified. The Shortnose Sturgeon (Acipenser brevirostrum) is listed as endangered, and the American alligator (Alligator mississippiensis) is listed as threatened. HINTIRFIRM a. There were numero-us instances since 2007 when BOD, COD and TSS values were above benchmarks. b. There is data missing from 2012, 2013, and 2014 (permit -tee is on quarterly monitoring schedule). Page 2 of 4 NCS000244 Analytical Monitoring Data 2007-2014 Outfall No. Sample Date Total Rainfall (inches) BOD COD TKN Oil and Grease pH (standard units) TSS Isopropyl Alcohol Methanol Ethanol Tert- Butyl Alcohol Benchmark 30 mg/L Bench- mark 120 mg/L Bench- mark 20 mg/L Bench- mark 30 mg/L Benchmark 4.3-9 (current) 6-9 new Bench- mark 100 mg/L Bench- mark 4,300 mg/L Bench- mark 7,700 mg/L Bench- mark 3,900 mg/L Bench - mark 3,200 mg/L 1 12/16/2007 1.4 517 1234 16.2 2 7.1 472 21.1 14.8 26.1 SQL 1 02/21/2008 1.5 64 460 5 <5 6.8 304 BQL 100 BQL BQL 1 07/11/2008 0.48 319 996 10.3 <5 6.88 216 24.6 28.7 3.1 BQL 1 09/29/2008 0.85 138 420 7.1 <5 7.28 1585 11.4 BQL 30 BQL 1 11/13/2008 1.85 103 185 4 <5 6.75 16 1.76 SQL 2.68 BQL 1 04/09/2009 1.15 28 280 1.8 <5 6.85 15 BQL BQL BQL BQL 1 06/06/2009 0.45 660 2720 3.8 <5 6.59 25 37.6 72.3 11.7 33.6 1 09/22/2009 7.2 44 314 3 <5 6.84 73 <1.0 66.9 <1.0 <1.0 1 11/10/2009 0.5 2360 3500 70 <5 7.17 43 <20 105 121 180 1 01/17/2010 0.92 122 447 <0.5 <5 6.69 52 12.9 4.04 35.6 8.24 1 07/14/2010 0.15 904 1460 25.1 11 6.79 21.8 250 70.1 360 27.1 1 09/26/2010 0.59 146 353 NA <5 6.46 154 <2 62.3 <2 21.5 1 01/17/2011 NA 128 483 NA <5 6.31 288 106 <50 <50 120 1 09/22/2011 2.43 989 1520 NA 38 5.54 138 <10 <10 1340 <10 1 05/15/2012 0.3 145 324 2.1 <5 NA 30.8 74.2 <10 <10 39.1 1 03/06/2014 0.92 >370 7390 37.1 27 6.27 63.9 1320 357 1790 100 Page 3of4 NCS000244 S. Analytical Monitoring Notes: The benchmark for pH is revised in the new permit to reflect the standard benchmarks as it is now our practice to use the standard pH benchmarks regardless of the classification of the receiving waters. The Oil & Grease parameter is changed to TPH for consistency with other. permits. Monitoring is required on a quarterly basis. This is unchanged from previous permits. 6. Permit, Facility. and Owner Contacts up&LUCS: ® Confirmed contact information with permittee and updated BIMS if necessary. ® Obtained e-mail addresses for each contact and updated BIMS. 7. Annual Fees: ® Confirmed in BIMS that permittee does not owe fees. Recommendations: Based on the documents reviewed, the application information received on March 6, 2012 is sufficient to issue an Individual NPDES Stormwater Permit. Central Office recommends reissuance of this permit with the modifications listed above. The proposed draft permit reflects the most recent individual stormwater permit template and boiler plate language, incorporating revisions that are similar to the industrial general permits issued during 2012-13. Prepared by (Signature) Vzow Date Z2_ Stormwater Permitting Supervisor �- Date for Bradley Bennett Concurrence by Regional Office_.'— �� _ Date `7, / RO DEMLR Supervisgr _J ) , Date rU Page 4 of 4 NCS000244 5. Analytical_ Monitoring Notes: The benchmark for pH is revised in the new permit to reflect the standard benchmarks as it is now our practice to use the standard pH benchmarks regardless of the classification of the receiving waters. The Oil & Grease parameter is changed to TPH for consistency with other. permits. Monitoring is required on a quarterly basis. This is unchanged from previous permits. 6. Permit. Facilily. ® Confirmed contact information with permittee and updated BIMS if necessary. ® Obtained e-mail addresses for each contact and updated BIMS. 7. Annual Fees: ® Confirmed in BIMS that permittee does not owe fees. Recommendations: Based on the documents reviewed, the application information received on March 6, 2012 is sufficient to issue an Individual NPDES Stormwater Permit. Central Office recommends reissuance of this permit with the modifications listed above. The proposed draft permit reflects the most recent individual stormwater permit template and boiler plate language, incorporating revisions that are similar to the industrial general permits issued during 2012-13. Prepared by (Signature) Stormwater Permitting Supervisor Date for Bradley Bennett Concurrence by Regional Office Date RO DEMLR Supervisor. Date Regional Office Staff Comments (attach additional pages as necessary) Date O( Zn! d // A114� Page 4 of 4 Ventaloro, Julie From: Pusey, Steven Sent: Tuesday, October 07, 2014 11:41 AM To: Ventaloro, Julie Cc: Scott, Georgette Subject. RE: Review Request NCS000244 American Distillation Inc Follow Up Flag: Follow up Flag Status: Flagged Julie, Georgette and I signed the staff report and I am having it sent via snail mail so you will have our original signatures. I will be in touch if I can get any information from Mark Walton, and copy you in on the next inspection report. Regards, Steve From: Ventaloro, Julie Sent: Tuesday, October 07, 2014 11:36 AM To: Pusey, Steven Subject: RE, Review Request NC5000244 American Distillation Inc Thanks for the great summary. I think I can move ahead with the renewal process, noting these items in the cover letter that will go out with the permit. If you hear anything back from Mark Walton on the issues you listed, please pass along to me. Only other request I have for you at this time is that you and your supervisor sign the staff report request form and send it back to me (via scan or snail mail). I'll attach this email to the signature page so this will count as your comments. Thanks again! Julie From: Pusey, Steven Sent: Monday, October 06, 2014 4:57 PM To: Ventaloro, Julie Cc: Sams, Dan; Scott, Georgette; Tharrington, Tom Subject: RE: Review Request NCS000244 American Distillation Inc The NOV on the wastewater permit NCG500148 has been resolved with minor comments from Tom Tharrington. They fixed the big problem by disconnecting the process wastewater from the cooling towers. It is believed that the wastewater flowing into the cooling towers is one reason for the previous high readings of BOD, COD, and possibly TSS. The comments made on this permit were mainly for them to sample the boiler blowdown from each boiler separately. We're not sure if they have changed their procedure on this or not. Concerning stormwater, they sample the runoff at two (2) known points where they have valves that release the "clean" water into one discharge Swale to the outfall. One of these points is in a low area next to the parking lot. The other point is in a stormwater containment area. They also sample at the tank areas where they have secondary containment. The stormwater is sampled prior to pre-treatment in Tank 50, air stripper. The contaminated stormwaterW goes to Tank 50 for pre-treatment before being sent to the POT. It is not released to the stream. However, if the stormwater is deemed "clean" at the sample points, then it is released to the stream. It is not clear how they pump the contaminated stormwater from the sample areas to Tank 50. In summary, the things that need to be checked upon a new stormwater inspection include the following: 1. Locate any missing sample points, if applicable 2. Find out how they pump contaminated water from the sample areas to Tank 50 for pre-treatment 3. Check condition of the stormwater containment pond liner 4. Check areas of erosion north of the containment pond 5. Check condition and purpose of the other containment pond next to the fuel tanks by the boiler building. 6. Find missing data from quarterly monitoring from 2012 — 2014 7. Obtain a new site map including State stormwater pond. That's good news that Mark Walton said he would try to locate the missing data and prepare a new site map. I will follow up with him on these items too. I hope this information helps. Let me know if you need anything else. Regards, Steve Pusey From: Ventaloro, Julie Sent: Wednesday, October 01, 2014 9:41 AM To: Pusey, Steven Subject: RE: Review Request NCS000244 American Distillation Inc Thanks, Steve. Has their NOV for wastewater permit NCG500148 been resolved/closed out? From: Pusey, Steven Sent: Tuesday, September 30, 2014 5:37 PM To: Ventaloro, Julie Cc: Scott, Georgette; Sams, Dan Subject: RE: Review Request NCS000244 American Distillation Inc Julie, Please find attached a copy of our report from an inspection last year for NCS000244. Let me know if you have any questions. I will be looking over the materials you sent and will fill in what I can on the Staff Report Request. Steve Pusey DEMLR From: Ventaloro, Julie Sent: Tuesday, September 30, 2014 4:25 PM To: Pusey, Steven Subject: FW: Review Request NCS000244 American Distillation Inc Steve, Thanks for talking with me about your findings at your recent SSW inspection of this facility. I'll be very interested to see your inspection report from this most recent inspection as well as past inspections. As we discussed, please look over the attached materials and fill out what you can on the Staff Report Request. it needs your signature and Dan's before sending back to me. And, fyi, I spoke to Mark Walton with Walton Engineering on 8/13/2014. He said they were going to prepare a new site map that has the topo lines and outfall location They were also going to try to track down the missing data from 2012- 2014. Apparently, there were some problems with the old management at the facility, and sampling may not have been getting done. But I haven't received any of these things from them yet. I'll follow up with them again, but if you happen to talk to them sooner, please ask them about these items if you don't mind. Thank you!! Julie From: Ventaloro, Julie Sent: Wednesday, August 13, 2014 10:19 AM To: Sams, Dan Cc: Scott, Georgette Subject: Review Request NCS000244 American Distillation Inc Dan and Georgette, Please find attached the following documents for your review and comment: • Staff Review and Evaluation • Draft Individual Stormwater Permit NCS000244, American Distillation Inc • Permittee's renewal application There could be some issues with this site — see included monitoring data (BOD,COD, TKN, TSS) and notes about things missing from their renewal application. I've spoken with the permittee's consultant at Walton Engineering —they're involved only in the application preparation and not in site management. I've left a message with Andy Simmons, who I believe is one of the owners, but haven't heard back from him yet. I wanted to get some information from him about where exactly they're taking the sample, as well as the other issues I outline in the attached staff report. Please let me know if you have success getting in touch with him. I also need to get verification from the company about the correct contacts for the permit/facility. Here's what I got from their consultant, but need verification: Owner: Andrew J Simmons, Jr; 910-371-0993 (office); 910-512-4772 (phone) Permit contact: Hugh Croom, Plant Manager; 910-371-0993 Facility contact: Andrew J Simmons, Jr **I noted that Kelly Johnson worked on,the 2007 version of this permit, so she might be a good resource for the renewal. Please return the staff review and evaluation form with your comments to me by September 13, 2014. Thanks! Julie Ventaloro Stormwater Permitting Program NC Division of Ener&1Y. Mineral, and Land Resources 1612 Mail Service Center, Raleigh, NC 77699-1612 Phone: (919) 807-6370 Fax: (919) 807-6494 Wehsite: hM: tersyIytrrshed.nc.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Ventaloro, Julie From: Ventaloro, .Julie Sent: Wednesday, October 15, 2014 1.37 PM To: 'nancy@americandistillation. net' Cc: 'mark@waltonengineering. net'; 'allen@waltonengineering.net'; Pusey, Steven Subject: NPDES Stormwater Draft Permit - NCS000244 Attachments: NCS000244_AmericanDistillationColnc_DRAFTpermit—Oct2014.pdf; NCS000244 —American DistiIlation—CoverLefter—DraftPermit.pdf Mr. Simmons, We are seeking your comments on the attached draft permit for the American Distillation, Inc facility in Brunswick County. The cover letter outlines significant changes that were made to the permit since it was last issued as well as some outstanding issues that need your attention. Please review the draft permit and send your comments and required documents (site map, data) to me either by email or regular mail. I've dropped a hard copy in the mail to you as well. The draft has not gone out for public notice yet, but 1 anticipate that happening by the end of October. I'll let you know when that happens. Please give me a call if you have any questions. Mork and Allen — Let me know if you would also like to receive a hard copy of the draft permit in addition to the attached electronic copy. Julie Ventaloro Storm eater Permitting Progrant NC Division of Energy, Mineral,and band Resources 1612 Mail Service Center, Raleigh, NC 27699-i6t2. Prone: (9u9) 807-6370 Fax: (gig) $07-6494 Wehsite: htt watersul2l2lvwatershed.nc.pov ];'-mail correspondence to andfirom this address may be subject to the North Carolina Public Records Last and may be disclosed to third parties. ii NCDI R North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr, Andrew J. Simmons, Jr. American Distillation, Inc. P.O. Box 400 Leland, NC 28451 Dear Mr. Simmons: John E. Skvada, III Secretary October 15, 2014 Subject: Draft NPDES Stormwater Permit Permit No. NCS000244 American Distillation - Navassa Brunswick County 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 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 II, 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. Benchmarks have been revised for two parameters. Stormwater 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 as directed in the Tiers (Part II, Section B). • pH - The pH benchmark is changed from 4.3 - 9 to 6 - 9 to reflect the current standard for pH. • The Oil & Grease parameter is changed to Non -polar Oil & Grease [EPA Method 1664 (SGT-HEM)]; the benchmark for Non -polar Oil & Grease is 15 mg/L. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: h :11 rial.ncdenr.or /web/irt An Equal Opportunity 1 Affirmabe Action Employer — 50% Recycled 110% Post Consumer Paper e NCS000244 Page 2 of 3 4. Vehicle maintenance monitoring parameters have been revised. "Non -Polar Oil & Grease" by Method 1664 (SGT-HEM) replaces Oil & Grease or TPH. 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. 5. Analytical and qualitative monitoring continues to be required on a quarterly basis, as shown in Tables 1 and 4, respectively. Similarly, vehicle maintenance monitoring (as applicable) is required Quarterly as shown in Table 5. 6. The site map submitted with your renewal materials is insufficient. The locations of all outfalls and swales need to be indicated, as do topographic lines. In your submittal, you reported monitoring data from only one outfall (Outfal1001). During a recent inspection, as well as during a 2007 inspection, Division staff identified two outfalls that were not previously identified. Both of these outfalls are on the western side of the property. One is located near the southern corner of the trailer storage pad. The other is located between the northern end of the stormwater containment pond and the trailer storage pad. These outfalls should be identified and numbered on the site map, and sampled during the upcoming permit cycle. Please also include the newly - constructed stormwater pond, swales, and any other new buildings or containment areas. Please submit a copy of the revised site map, as required by Part H, Section A (1)(c), to my attention at the address listed at the bottom of this letter within 30 days following receipt of this letter. Renewal of your permit may be delayed unless we receive the revised site map. 7. Data provided with your renewal ;materials indicates numerous instances since 2007 when BOD, COD, and TSS values were well above benchmarks. After the most recent inspection, Division staff indicated that process wastewater flowing into the cooling towers may be one reason for these exceedances. It is our understanding that the process wastewater has since been disconnected from the cooling towers. If you continue to exceed benchmarks, you will be required to respond as directed in the Tiers (Part 11, Section B). 8. There is analytical monitoring data missing from 2012, 2013, and 2014. Please submit a copy of the missing data from this period to my attention within 30 days following receipt of this letter. If sampling was not performed during this time period, please provide an explanation in writing as to why a lapse occurred. 9. Your site drains to an area where threatened and endangered species have been identified. The Shortnose Sturgeon (Acipenser brevirostrum) is listed as endangered, and the American alligator (Alligator mississippiensis) is listed as threatened. Failure to abide by your stormwater permit may constitute a violation of the Threatened and Endangered Species Act. 10. The proposed renewal period for this permit is four years instead of five years. This is part of an effort to decrease the large number of individual permits expiring in 2019, NCS000244 Page 3 of 3 therefore enabling staff to process individual renewals in a more timely manner going forward. Please review the draft permit and submit the requested documents and any comments to me no later than 30 days following your receipt of the draft. Comments may be emailed to me at iulie.ventaloro(@ncdenr.gov or mailed to my attention at NCDENR, Land Quality Section, 1612 Mail Service Center, Raleigh, NC 27699-1612. if you have any questions, please email me or call me at (9I9) 807-6370. Sincerely, qt"-� V'60 -/-s� Julie Ventaloro Stormwater Permitting Program Attachment: Draft Permit NCS000244 cc: Stormwater Permitting Program Files DEMLR Wilmington Regional Office, S. Pusey Pusey, Steven From: Pusey, Steven Sent: Monday, October 06, 2014 4:57 PM To: Ventaloro, Julie Cc: Dan Sams (dan.sams@ncdenr.gov), 'Scott, Georgette (georgette.scott@ncdenr.gov)'; 'Tharrington, Tom (tom.tharrington@ncdenr.gov)' Subject: RE: Review Request NCS000244 American Distillation Inc The NOV on the wastewater permit NCG500148 has been resolved with minor comments from Tom Tharrington. They fixed the big problem by disconnecting the process wastewater from the cooling towers. It is believed that the wastewater flowing into the cooling towers is one reason for the previous high readings of BOD, COD, and possibly TSS. The comments made on this permit were mainly for them to sample the boiler blowdown from each boiler separately. We're not sure if they have changed their procedure on this or not. Concerning stormwater, they sample the runoff at two (2) known points where they have valves tha re ease water into one discharge swale to the outfall. One of these points is in a low area next to the parking lot. They also sample at the tank areas -csairrrrtr i. The stormwater is sampled prior to pre-treatment in Tank 50, air stripper. The contaminated stormwater goes to Tank 50 for pre-treatment before being sent to the POTW. It is not released to the stream. However, if the stormwater is deemed "clean" at the sample points, then it is released to the stream. It is not clear how they pump the contaminated stormwater from the sample areas to Tank 50. In summary, the things that need to be checked upon a new stormwater inspection include the following: 1. Locate any missing sample points, if applicable 2. Find out how they pump contaminated water from the sample areas to Tank 50 for pre-treatment o-!�. Check condition of the stormwater containment pond liner 4. Check areas of erosion north of the containment pond 5. Check condition and purpose of the other containment pond next to the fuel tanks by the boiler building. Find missing data from quarterly monitoring from 2012 — 2014 7. Obtain a new site map including State stormwater pond. That's good news that Mark Walton said he would try to locate the missing data and prepare a new site map. I will follow up with him on these items too. I hope this information helps. Let me know if you need anything else. Regards, Steve Pusey From: Ventaloro, Julie Sent: Wednesday, October 01, 2014 9:41 AM To: Pusey, Steven Subject: RE: Review Request NCS000244 American Distillation Inc Thanks, Steve. Has their NOV for wastewater permit NCG500148 been resolved/closed out? From: Pusey, Steven Sent: Tuesday, September 30, 2014 5:37 PM To: Ventaloro, Julie Cc: Scott, Georgette; Sams, Dan Subject: RE: Review Request NCS000244 American Distillation Inc Julie, Please find attached a copy of our report from an inspection last year for NC5000244. Let me know if you have any questions. I will be looking over the materials you sent and will fill in what I can on the Staff Report Request, Steve Pusey DEMLR From: Ventaloro, Julie Sent: Tuesday, September 30, 2014 4:25 PM To: Pusey, Steven Subject: FW: Review Request NCS000244 American Distillation Inc Steve, Thanks for talking with me about your findings at your recent SSW inspection of this facility. I'll be very interested to see your inspection report from this most recent inspection as well as past inspections. As we discussed, please look over the attached materials and fill out what you can on the Staff Report Request. It needs your signature and Dan's before sending back to me. And, fyi, I spoke to Mark Walton with Walton Engineering on 8/13/2014. He said they were going to prepare a new site map that has the topo lines and outfall location They were also going to try to track down the missing data from 2012- 2014. Apparently, there were some problems with the old management at the facility, and sampling may not have been getting done. But I haven't received any of these things from them yet. I'll follow up with them again, but if you happen to talk to them sooner, please ask them about these items if you don't mind. Thank you!! Julie From: Ventaloro, Julie Sent: Wednesday, August 13, 2014 10:19 AM To: Sams, Dan Cc: Scott, Georgette Subject: Review Request NCS000244 American Distillation Inc Dan and Georgette, Please find attached the following documents for your review and comment: • Staff Review and Evaluation • Draft Individual Stormwater Permit NCS000244, American Distillation Inc • Permittee's renewal application There could be some issues with this site —see included monitoring data (BOD,COD, TKN, TSS) and notes about things missing from their renewal application. I've spoken with the permittee's consultant at Walton Engineering — they're involved only in the application preparation and not in site management. I've left a message with Andy Simmons, who I believe is one of the owners, but haven't heard back from him yet. I wanted to get some information from him about where exactly they're taking the sample, as well as the other issues I outline in the attached staff report. Please let me know if you have success getting in touch with him. I also need to get verification from the company about the correct contacts for the permit/facility. Here's what I got from their consultant, but need verification: Owner: Andrew J Simmons, Jr; 910-371-0993 (office); 910-512-4772 (phone) Permit contact: Hugh Croom, Plant Manager; 910-371-0993 Facility contact: Andrew J Simmons, Jr **i noted that Kelly Johnson worked on the 2007 version of this permit, so she might be a good resource for the renewal. Please return the staff review and evaluation form with your comments to me by September 13, 2014. Thanks! Julie Ventaloro Stormwater Permittint,, I'r'Ugram NC Division ifl linerillY. Mineral. and Land Res-ourcus rtnr Mail Service Canter. Raleigh, NC 271->99-1612 Phone: (yry) &in7-6-,7o Fax: 8(t-ti49.1 We bsiic•: http://watersupl2lywatershed.nc.go-N, l r7ruiJ c0rm-sl7orid.rrct� to and from this address mad' bk- subjvc,t to the North Ccrrubna Public Ri'c(ids Lrw and n7a), bc• disclosed to third po ri i t's. WilMt--,pN Io- S4we- Pu+ OEM �rrr�- CCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Andrew J. Simmons, Jr. American Distillation, Inc. P.O. Box 400 Leland, NC 28451 Dear Mr. Simmons: ECEUVE: October 15, 2 14 OCT 17 2014 k i I BY: John E. Skvarla, III Secretary Subject: Draft NPDES Stormwater Permit Permit No. NCS000244 American Distillation - Navassa Brunswick County 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 changes from the facility's current permit: You are required to collect analytical and qualitative monitoring samples during "measurable storm events" as defined in Part II, 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. Benchmarks have been revised for two parameters. Stormwater 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 as directed in the Tiers (Part II, Section B). A pH - The pH benchmark is changed from 4.3 - 9 to 6 - 9 to reflect the current standard for pH. The Oil & Grease parameter is changed to Non -polar Oil & Grease [EPA Method 1664 (SGT-HEM)]; the benchmark for Non -polar Oil & Grease is 15 mg/L. Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htta://Dortal.nodenr.org/webArl An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled l 10% Post Consumer Paper NCS000244 Page 2 of 3 4. Vehicle maintenance monitoring parameters have been revised. "Non -Polar Oil & Grease" by Method 1664 (SGT-HEM) replaces Oil & Grease or TPH. 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. 5. Analytical and qualitative monitoring continues to be required on a guarterly basis, as shown in Tables 1 and 4, respectively. Similarly, vehicle maintenance monitoring (as applicable) is required Quarterly as shown in Table 5. 6. The site map submitted with your renewal materials is insufficient. The locations of all outfalls and swales need to be indicated, as do topographic lines. In your submittal, you reported monitoring data from only one outfall (Outfal1001). During a recent inspection, as well as during a 2007 inspection, Division staff identified two outfalls that were not previously identified. Both of these outfalls are on the western side of the property. One is located near the southern corner of the trailer storage pad. The other is located between the northern end of the stormwater containment pond and the trailer storage pad. These outfalls should be identified and numbered on the site map, and sampled during the upcoming permit cycle. Please also include the newly - constructed stormwater pond, swales, and any other new buildings or containment areas. Please submit a copy of the revised site map, as required by Part H, Section A (1)(c), to my attention at the address listed at the bottom of this letter within 30 days following receipt of this letter. Renewal of your permit may be delayed unless we receive the revised site map. 7. Data provided with your renewal materials indicates numerous instances since 2007 when BOD, COD, and TSS values were well above benchmarks. After the most recent inspection, Division staff indicated that process wastewater flowing into the cooling towers may be one reason for these exceedances. It is our understanding that the process wastewater has since been disconnected from the cooling towers. If you continue to exceed benchmarks, you will be required to respond as directed in the Tiers (Part II, Section B). 8. There is analytical monitoring data missing from 2012, 2013, and 2014. Please submit a copy of the missing data from this period to my attention within 30 days following receipt of this letter. If sampling was not performed during this time period, please provide an explanation in writing as to why a lapse occurred. 9. Your site drains to an area where threatened and endangered species have been identified. The Shortnose Sturgeon (Acipenser brevirostrum) is listed as endangered, and the American alligator (Alligator mississippiensis) is listed as threatened. Failure to abide by your stormwater permit may constitute a violation of the Threatened and Endangered Species Act. 10. The proposed renewal period for this permit is four years instead of five years. This is part of an effort to decrease the large number of individual permits expiring in 2019, a NCS000244 Page 3 of 3 therefore enabling staff to process individual renewals in a more timely manner going forward. Please review the draft permit and submit the requested documents and any comments to me no later than 30 days following your receipt of the draft. Comments may be emailed to me at iulie.ventaloro(i4ricdenngov or mailed to my attention at NCDENR, Land Quality Section, 1612 Mail Service Center, Raleigh, NC 27699-1612. If you have any questions, please email me or call me at (919) 807-6370. Attachment: Draft Permit NCS000244 cc: Stormwater Permitting Program Files DEMLR Wilmington Regional Office, S. Pusey Sincerely, ��- VZO -�4� Julie Ventaloro Stormwater Permitting Program t Pusey, Steven From: Ventaloro, Julie Sent: Tuesday, September 30, 2014 4:25 PM To: Pusey, Steven Subject: FW: Review Request NCS000244 American Distillation Inc Attachments: NCS000244 Staff Report _August 2014.pdf; NCS000244 _AmericanDistillationCo_RenewalAppl.pdf; NGS000244 —American DistillationColnc—DRAFTpermit_Aug2014.docx Steve, Thanks for talking with me about your findings at your recent SSW inspection of this facility. I'll be very interested to see your inspection report from this most recent inspection as well as past inspections. As we discussed, please look over the attached materials and fill out what you can on the Staff Report Request. It needs your signature and Dan's before sending back to me. And, fyi, I spoke to Mark Walton with Walton Engineering on 8/13/2014. He said they were going to prepare a new site map that has the topo lines and outfall location They were also going to try to track down the missing data from 2012- 2014. Apparently, there were some problems with the old management at the facility, and sampling may not have been getting done. But I haven't received any of these things from them yet. I'll follow up with them again, but if you happen to talk to them sooner, please ask them about these items if you don't mind. Thank you!! Julie From: Ventaloro, Julie Sent: Wednesday, August 13, 2014 10:19 AM To: Sams, Dan Cc: Scott, Georgette Subject: Review Request NCS000244 American Distillation Inc Dan and Georgette, Please find attached the following documents for your review and comment: • Staff Review and Evaluation • Draft Individual Stormwater Permit NCS000244, American Distillation Inc • Permittee's renewal application There could be some issues with this site — see included monitoring data (BOD,COD, TKN, TSS) and notes about things missing from their renewal application. I've spoken with the permittee's consultant at Walton Engineering — they're involved only in the application preparation and not in site management. I've left a message with Andy Simmons, who I believe is one of the owners, but haven't heard back from him yet. I wanted to get some information from him about where exactly they're taking the sample, as well as the other issues I outline in the attached staff report. Please let me know if you have success getting in touch with him. I also need to get verification from the company about the correct contacts for the permit/facility. Here's what I got from their consultant, but need verification: Owner: Andrew 1 Simmons, Jr; 910-371-0993 (office); 910-512-4772 (phone) Permit contact: Hugh Croom, Plant Manager; 910-371-0993 l Facility contact: Andrew J Simmons, Jr **I noted that Kelly Johnson worked on the 2007 version of this permit, so she might be a good resource for the renewal. Please return the staff review and evaluation form with your comments to me by September 13, 2014. Thanks! Julie Ventaloro stornrnvater Permitting Pro -gram NC Division of Fnergy, Mineral, .and l M.1 RCSMII'CC''s 1612 Mail 5crvice Center. Ralcigh, NC 2 1tog-irit2 P11011e: (919) 8(r7-63-p) Fax: {gau) 807-(1494 \'Vehsiw: htti)://watersLii-)r)ivwatershed.nc.gov F-rruril rr)r'rc.4�u�rrciencc to nrrd fore Ibis uddho" may ho sid)je r Io the Norih Orrnliiru Alhlic Records Lens' (110 ni,ry br disrl):avf rr) third ra�r tip°5. :Pa ey, Steven From: Chuck - ADI[chuckbullard@americandistillation.net] Sent: Friday, August 23, 2013 1:41 PM To: Pusey, Steven Subject: RE: American Distillation thanks From: Pusey, Steven fmailto:stevgn,ousey(ancdenr.govl Sent: Friday, August 23, 201311:30 AM To: Mark Walton Cc: chuckbuilard@americandisiillation.net Subject: RE: American Distillation Mark, Thanks for your response and I am relieved to hear that it is not hazardous waste. Also, you are correct about the regulation of such waste. Our goal is to make sure that nothing is leaking into the stormwater and we did not detect any leaks upon our inspection, therefore this issue can be considered compliant. Regards, Steve Pusey From: Mark Walton[ma ilto;mark2waltonengineed ngnet] Sent: Friday, August 23, 2013 11:12 AM To: Pusey, Steven Cc. chuckbullard(aamericandistillation.net Subject: Re: American Distillation Steve, I talked to Chuck Bullard and Tank 23 holds treated wastewater for sampling prior to discharge to the POTW. It is non- hazardous. ADI is not a permitted Hazardous Waste TSD facility and as such cannot treat hazardous waste. Also, the Brunsick POTW cannot accept hazardous waste. ADI operates under the jurisdiction of the Divslon of Waste Management, Hazardous Waste Section regading hazardous waste. Bobby Nelms is the facility inpsector. If you have any questions about ADI's hazardous waste generation, storage and disposal, Bobby would be a good person to contact. Thanks, Mark — Original Message IF Pusey, Steven To, Mark Walton —�-�-- -- Seat: Thursday, August 22, 2013 3.59 PM Subject: RE: American Distillation Mark, Secondary containment applies to oil and hazardous waste. It was my understanding that Tank 23 contained waste material. Can you advise the contents of this tank and whether it is classified as hazardous? Thanks, Steve From: Mark Walton fmailto:mark(a)waltoneng ineed ng.netl Sent Wednesday, August 21, 2013 12:47 PM To: Pusey, Steven Subject: American Distillation Steve, In the Inspection Report for ADI, you mentioned adding secondary containment for some tanks in the vicinity of the air stripper. I am not aware of a regulation or law that requires secondary containment for non -oil storage tanks. If there is one, could you please let me know the regAaw that requires it. Thanks, Mark Walton R. Mark Walton Licensed Professionsal Engineer Walton Engineering PO Box 895 Burgaw, NC 28425 Tel: 910-259-4800 Fax: 910-259-1779 e-mail: mark _.waltonengineerino.net o,,, L,k g 171 l i L f. -WALToNEN gmg RING r March 5. 2012 Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, NC 27699-1617 Re: NPDES Stormwater Permit Renewal, American Distillation Co_, Inc. Mr. Lowther Enclosed in the information pertaining to the renewal of the NPDES Stormwater Permit. No. NCS000244, for American Distillation Co., Inc. (ADI). A renewal application form is enclosed along with the required supplemental information, included and/or explained as follows: 1. A current site map from the Stormwater Pollution Prevention Plan is included. 2. A summary of Analytical Monitoring results is included. 3. A summary of Visual Monitoring results is included. 4. A summary of the Best Management Practices utilized at the facility is included. 5. There have been no significant changes in industrial activities at the facility. AD[ has started to send their wastewater to Brunwick County's POTW. Their permit for this began August 9, 2010. 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the facility is signed and enclosed. Two copies of all required information have been included with this submittal. If you have any questions or need additional information please call me at 910-2594800. R.M120WR R Sincerely, 1AAR 6 2012 a& ?�� DENR - WATER AL XM' Allen Thornton WE7 MM AND STORMMlATER DPAKH Tel: 910-259-4800 PO Box 895. Burga�v, North Carolina 28425 Fax: 910-259-1779 Permit Coverage Renewal Application Form Permit 11ltlmt>er 3 Nattonal Pollutant Discharge Elimination System Nmit Numb Stormwater 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 Afyillaticaf_ Infortn99gn -Reissued Permit will be mailed to the owner address Owner I Organization Name: A nerkan Distillation Inc Owner Contact: Edward Earl Simmons Mailing Address: PO Box 400 Leland NC. 28451 Phone Number - - - - - Fax Number: E-mail address` Faility/i'erimit Contact lnfarmation Facility Name: American Distillation - Navassa Facilfty Physical Address: 1690 Rayster Rd NE - lnland, NC 28451 - Facility Contact: Mailing Address: Phone Number: Fax Number. E-mait address: Discharge Infosrs+a_t_la_n_ Receiving Stream Cartwheel Branch 16-72 Stream Class: SC; Sw Basin: Cape Fear River Basin Sub -Basin. 03-06-17 Number of OutfaUs: impaired atatsfTMM Does this facility discharge to waters listed as impaired or waters with a Onalimd TMDL-f Q Yes O No Q Don't Know i for information anthese *Riersrefer to http:lfhzo.enr.state. nc.us1su1frnpaired_woters_TMDL1 ) CEKTIFICA TWN I certify that I am familiar with the info nTfaon Contained in the application and that to the best of my knowledge and belief such information is true. to and accurate. �7 Signature II late Print or type name of person signing above Title Please return this completed renewal application form to: €'d 998Z-La-M Stormwater Permitting Unit Attw Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 pelln8 jon4O eo£:60 Z L L L uer STORMWATER POLLUTION PREVENTION PLAN I DEVELOPMENT AND IMPLEMElYTATION CERTIFICATION North Carolina Division of Water Quality - Stormwater Permitting Unit ra;itity Name: CNA Notdings, Inc. Ticona o;art Permit Number: NCSDD024,� Location Address: 1690 Rooster Rd NE Letand, RC 28-451 County. Brunswick "I certify, under penalty of law, that .he Stormwater Pollution Prevention Ptan (SPPP) document and all attachments were developed and implemented under rrry direcron or supervision in accordance with a system designed to assure that quatified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person of persons who manage the system, or those persons directly responsible forgathering the information, the information gathered is, to the best of my knowledge anc belief, true, accurate and complete." And -1 certify, that t: a SPPP has been developed, signed and retained at the named facility location. and the SPPP has been fully implemented at this facility ?ovation in accordance with the terms and conditions of the stormwater discharge permit." And "I am aware that there are significant peratties for falsifying infemrtaticn. including tte possibility of fines and imprisonment for knowing violations." Sign (according to permit signatory requirements) and return this Certifcationi. DO NOT SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION. Signature OLiDate _ 3 2 / 2 5 R �-' 1 ( Print or type narne of persan signing above Tite SPPP Certification 5109 -j'd 999Z-lLC-0lr6 pJellns�on43 el£:60zl. Lt Uef SU-PPLEMEA'TAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the folloving shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials _ I . 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 impens-ious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. I'he summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number. parameters surveyed, observations, and date monitoring conducted. 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each B.M1P's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. A short narrative describing any significant changes in industrial activities at the permitted facilit-y-. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes iti material storage practices, and/or changes in the raw materials used by the facility. 6. Certification of the development and implementation of Stormiyater 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, them 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) c,-d 899Z-[LCM p1elInIgNon4o el£:60ZLL4uef STORMWATER MANAGEMENT AND BMP SUMMARV 2.3 Secondary Containment Concrete block secondary containment walls are provided around the West Tank Fann, Production Pad Area, Utility Area (tanks) and South tank Farm. Each of the four containment areas on these pads are equipped with a sump pit and pump. The Railside `yank Farm does have concrete block containment but without the sump pump system. Procedures for releasing stormwater accumulating in these areas will be described in the Spill Prevention and Response section below. 2.4 Best Management Practices (BMPs) A Stormwater Management system has been designed, permitted and is currently under construction. Stormwater will be conveyed through swales to a wet detention pond. After drawdown. runoff will be conveyed by outlet spreader through a vegetated filter strip. There is a ston-nwater pond that is currently in use on site. The pond is designed to catch runnoff from the ground's natural slope. Stormwater collected from ADI's tank areas and sampled to determine if it is to be released or must be treated. The following chart shows the requirements for water to be discharged. 2.5 Benchmark Values for Analytical Monitoring Discha a Characteristics Units Benchmark Biological O en Demand, 5 day m /L 30 Chemical Oxygen Demand m /L 120 Total Kjeldahl Nitrogen m IL 20 Oil and Grease m /L .30 H Standard 4.3-9 Total Suspended Solids m /L 100 Iso ro al Alcohol m /L 4,300 Methanol m /L 7,700 Ethanol m /L 3,900 T-Butyl Alcohol m /L 3,200 If sampled stormwater that does not meet.the standards listed in their stormwater permit, then it is pumped to Tank 50 where it is enters a cleaning process. The stormwater is air stripped to remove volatiles. then it is run through a sand filter. At this point it is ready to he retested and sent to POTW if below the discharge limits. Stormwater that meets the stated discharge limits is discharged through a swale that runs into the Cartwheel Branch Creek. Inspection of Stormwater Conveyances The following procedure will he used to limit or prevent erosion associated with stormwater systems. A) 1. Periodic inspections (semi-annual minimum) will be pertbrmed on the entire stormwater system in conjunction with log sheets 2. A Log sheet will contain. Date and time Signature of inspector Work order number for any required repairs Work required under remarks Work completed date 3. These records will be kept in the main control room for period of five years. B) All tanks and equipment will be inspected during the 6 A.M. daily inventory for any signs of leakage. Any leaks detected will be reported as outlined in the spill prevention/response program in this manual. Q A preventative maintenance program is outlined in the American Distillation, Inc. Process Safety Management (PSM) manual for process equipment reliability. Summary of Visual Monitorinu NPOES Permit No.: NCS000245 Outfall No.: 001 Facility Name: American Distillation Inc. Class: D Certified laboratory: Environmental -Chemists, Inc. Inspection Date Rainfall Amt. Inspector Remarks 12127/1999 None Hugh Croom H.Cj No Comment 1/10/2000 None H.C. No Comment 1/18/2000 None H.C. No Comment 1/24/2000 None H.C. No Comment 1131/2000 1 None H.C. No Comment 2/6/2000 None H_C. No Comment 2/14/2000 None H.C. No Comment 2/2112000 None H.C. No Comment 2/28/2000 None H.C. No Comment 3i6/2000 None H.C. No Comment 3/14/2000 None H.C. No Comment 3/20/2000 None H.C. No Comment 3/27/2000 None H-C. No Comment 4/3/2000 None H.C. No Comment 4/10/2000 None M.C. No Comment 4/1712000 None H.C. No Comment 4/24/2000 None H.C_ No Comment 5/1/2000 None H.C. No Comment 5/9/2000 None H.C. No Comment 5/1512000 None H.C. No Comment 5/22/2000 None H.C. No Comment 5/29/2000 None H-C. No Comment 6/5/2000 None H.C. No Comment 6/12/2000 None H.C. No Comment 6/26/2000 None H.C. No Comment 7/3/2000 None H.C. No Comment 7/10/2000 None H.C. No Comment 7/17/2000 None H.C. No Comment 7/24/2000 None H.C. No Comment 7/30/2000 N/A H.C. Observed dudng heavy rainfall. Some cloudy water. 7/31/2000 None H.C. No Comment 8/7/2000 None N.C. No Comment 8/14/2000 None H.C. No Comment 8/22/2000 None. H.C. No Comment 8/28/2000 None H.C. No Comment 9/5/2000 None H.C. No Comment 9/11/2000 None H-C. No Comment 9/18/2000 None H.C. No Comment 9/25/2000 None H.C. No Comment 10/212000. None H.C. No Comment 1019/2000 None H.C. No Comment 10/1012000 None H.C. No Comment 10/23/2000 None H.C. No Comment 10/30/2000 None H.C. No Comment 11/6/2000 None H.C. No Comment INo 11113/2000 None H.C. Comment 11/21/2000 None H.C. No Comment 11/27/2000 None H.C. No Comment 1214/2000 None H.C. No Comment 12/12/2000 None H.C. No Comment 12/18/2000 None W.C. No Comment . 12/26/2000 None H.C. No Comment 112/2001 None H.C. No Comment 118/2001 None H.C. No Comment 1/16/2001 None H.C. No Comment 1/22/2001 None H.C. No Comment 1/30/2001 None H.C. No Comment 2/6/2001 None H.C. No Comment 2112 2001 None H.C. No Comment 3/5/2001 None H.C. No Comment 3/12/2001 None H.C. No Comment 3/19/2001 None H.C. No Comment 3/26/2001 None H.C. No Comment 4/2/2001 None H.C. No Comment 4/9/2001 None H.C. No Comment 4/16/2001 None H.C. No Comment 4/2312001 None H.C. No Comment 4/30/2001 None N.C. No Comment 5/7/2001 None H.C_ No Comment 5114/2001 None H.C. No Comment 5/21/2001 None H_C. No Comment 512812001 None H.C. No Comment 6/5/2001 None H.C. No Comment 6/11/2001 None H.C. No Comment 6/1812001 None H.C. No Comment 6/26/2001 None H.C. No Comment 7/2/2001 None H_C_ No Comment 7/9/2001 None H.C. No Comment 7/17/2001 None H.C. No Comment 7/24/2001 None H.C. No Comment 7/30/2001 None H.C. No Comment 8/6/2001 None H.C. No Comment 8/14/2001 None H.C. No Comment 8/23/2001 None H.C. No Comment 8/27/2001 None H.C. No Comment, 9/5/2001 None H.C. No Comment 9/10/2001 None H.C. No Comment 9/17/2001 None H.C. No Comment 9/24/2001 None H.C. No Comment 10/2/2001 None H.C. No Comment 10/15/2001 None H.C. No Comment 10/22/2001 None H_C, No Comment 1012912001 None 'H.C. No Comment 11/6/2001 None H.C. No Comment 11/1212001 None H.C. No Comment 11/19/2001 None M.C. No Comment 11/25/2501 -1" M.C. Some disoolofing of water. 11/26/2001 None. _ H.C. No Comment 12/4/2001 None H.C. No Comment 12/1012001 None W.C. No Comment 12/31/2001 None H.C. No Comment 12/26/2001 None H.C. No Comment 1/2/2002 None H.C. No Comment 1/9/2002 None H.C. No Comment 1/142002 None H.C. No Comment 1/21/2002 None H.C. No Comment 1/2812002 None H.C. No Comment 2/4/2002 None H.C. No Comment 2/11/2002 None H.C. No Comment 2/18/2002 None H.C. No Comment 2/25/2002 None H.C. No Comment 3/4/2002 None H.C. No Comment 3/11/2002 None H.C. No Comment 3/182002 None N.C. No Comment 3/25/2002 None H.C. No Comment 4/1/2002 None H.C. No Comment 4/812002 None H.C. No Comment 4/16/2002 None H.C. No Comment 4/24/2002 None H.C. No Comment 4/30/2002 None H.C. No Comment 5/6/2002 None H.C. No Comment 5/11/2002 NIA H.C. OK - Observed during rain event. 5/13/2002 None H.C_ No Comment 5/20/2002 None H:C. No Comment 5/29/2002 None H.C. No Comment 6/4/2002 None H.C_ No Comment 6/11/2002 None H.C. No Comment 6/17/2002 None H.C. No Comment 6/24/2002 None H.C_ No Comment 7/312002 None H.C. No Comment 7/8/2002 None H.C. No Comment 7/15/2002 None H.C. No Comment 7/22/2002 None H.C. No Comment 7/29/2002 None H.C. No Comment 8/5/2002 None H.C. No Comment 8/12/2002 None H.C. No Comment 8/19/2002 None H.C. No Comment 8/28/2002 -4" H.C. OK - Observed dudnq rain event. 9/3/2002 None H.C. No Comment 9/9/2002 None H,C. No Comment 9/1612002 None H.C. No Comment 9/23/2002 None H.C. No Comment 9/30/2002 None H.C. N6'Comment 1OR12002 None H.C. No Comment 10/15/2002 None H.C. No Comment 10/212002 None H.C. No Comment 10/282002 None H.C. No Comment 11/5/2002 None H.C: No Comment 11/12/2002 None H.C. No Comment 11/18/2002 None H.C. No Comment 11125/2002 None H.C. No Comment 12/4/2002 None H.C. No Comment 1211012002 None H.C. No Comment 12/13/2002 NIA H.C. Some off color of water. Mserved durinu rain event. 12/17/2002 None H.C. No Comment 1212M002 None H.C. No Comment 12/30/2002 None H.C. No Comment 1/6/2003 None H.C. No Comment 1/14/2003 None H.C. No Comment 1/20/2003 None H.C. No Comment 1/28/2003 None H.C. No Comment 2/6/2003 None H.C. No Comment 2/1112003 Notre H.C. No Comment 2/18/2003 None H.C. No Comment 2/24/2003 None H_C. No Comment 3/4/2003 None H.C. No Comment 3/11/2003 None H.C_ No Comment 3/1712003 None H.C. No Comment 3/2512003 None H.C. No Comment 4/3/2003 None H.C. No Comment 4/7/2003 None H.C. No Comment 4/14/2003 None H.C. No Comment 4122/2003 Norte H.C. No Comment 4/29/2003 None H.C. No Comment 5/5/2003 None H.C. No Comment 5/12/2003 None H.C. No Comment 5/12/2003 None M.C. I No Comment 5/27/2003 None H.C. No Comment 5/29/2003 -2" H.C. Morning, heavy rain, some off color of water. 613/2003 None H.C. No Comment 9/18/2003 NIA H.C. Heavy rain, some cloudy water. 9/2312003 NIA H.C. Heavy rain, water clear. 10110/2003 None H.C. Some runoff. Clearwater. 10/20/2003 None H.C. No Comment 2/12/2004 -1" H.C. Some mud - OK. 2/25/2004 -1" - 2" H.C. Some off color. 5/l/2004 -4" H.C. Hea rain, some off color of water. 6/4/2004 None H.C. No Comment 7/5/2004 None H_C. No Comment 8/13/2004 H.C. HeaMy rain,some off color over 8" total, 8/13-8114 8/14/2004 8" H.C. Heayy rain, some off color 10/25/2004 None H.C. No Comment 5/23/2005 2" H.C. Heavy rain 2" some off color 7/6/2005 None H.C. No Comment 8/12/2005 None H.C. No Comment 10/20/2005 None H.C. No Comment 1/16/2006 None H.C. No Comment 4/5/2006 None H_C. No Comment 8/31/2006 10-12" H.C. Heavy rain. Some off color. 10-12"rain 9/14/2006 2-4" H.C. Heavyjain. Some off color. 10/1512006 None W.C. No Comment 12/20/2006 None, H.C. No Comment 12/12/2007 None H.C. No Comment 3/1512007 None H.C. No Comment 8/20/2007 None H.C. No Comment 11/15/2007 None H.C. No Comment 12/16/2007 NIA H.C. HeaMy Rain. Stormwater QT. Sample 2/21/2008 N/A H.C. Stormwater Qt. Sample 6/23/2008 N/A H.C. Rain event. Stormwater Qt. Sample, 9/10/2008 NIA H.C. Rain event. Stormwater Ot. Sample. 11/13/2008 N/A H.C_ Stormwater Qt. Sam le 2/18/2009 NIA H.C. Stormwater Qt. .Sample 6/9/2009 NIA H.C. Stormwater Qt. Sample 9/22/2009 N/A H.C. Stormwater Qt. Sample 11/10/2009 NIA H.C. Stormwater Qt. Sample 1/12/2010 NIA H.C, Stormwater Qt. Sam le 211812010 NIA Chuck Bullard C.B. Changed out 2 booms_ Stormwater Qt. Sam le 5/2512010 NIA C.B. Rain 7/14/2010 NIA C.B. Rain 12114/2010 IF C.B. No Comment 11/17/2011 4" C.B. No Comment 4/5/2011 0.25" C.B. No Comment 9/27/2011 .75" C.B. Sample 1/11/2012 1" C.B. No Comment M� F} 2 O R PROP-nSED X,7, S,OR.VwL-- e"'t 1— 1--- L F" I - American DSWISIton. Lno. I Existing Site Plan r NCS000244 STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Regional Office: Wilmington Owner/Company: American Distillation Inc. Facility Name: American Distillation Co - Navassa NPDES Permit Number: NCS000244 Expiration Date: 08/31/2012 Facility location: 1690 NE Royster Rd, Leland (Brunswick County) Type of Activity: Distillation, blending of ethyl alcohol, tert-butyl alcohol, isopropyl alcohol, miscellaneous alkanes, solvents, phosphate chemicals. Also process by-products for other companies, recover usable materials from the by-products, and return them to the original company. This process is calling "tolling." SIC Code or Description: Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements Response Requested by (Date): Central Office Staff Contact: Central Office Review Summary: 1. SpecialIssues: Chemicals and Allied Products, Not Elsewhere Classified Cartwheel Branch Cape Fear River Basin, Sub -basin 03-06-17 Class SC, SW See attached draft permit. September 12, 2014 Julie Ventaloro (919) 807-6370 a. BENCHMARK EXCEEDANCES: There were numerous instances since 2007 when BOD, COD and TSS values were above benchmarks. What is causing these high values? , f r L .. �,.. i b. UNKNOWN OUTFALL LOCATION: It is unclear from renewal application materials where the discharge is being sampled. Permittee states that stormwater is collected from the tank areas then sampled to determine if it can be released or requires cleaning/treatment. So is the data they provide reflective of the sample prior to "treatment" in Tank 50? Or is the sample collected after it is released from Tank 50, but before being released into a Swale that runs into Carthwheel Branch? Also, it is unclear if the site discharges directly to the creek itself or to a POTW. seno _ ,,� ti + 64, c. INSUFFICIENT SITE MAP: The location of the outfall needs to be indicated, as do topo lines and swales. it d. INSPECTION FOLLOWUP NEEDED: RIMS indicates the facility was inspected by.WiRO in 2013. Staff reported that Tank 23 and surrounding area. may need secondary containment - has this occurred? See further details in 2013 inspection report. if Page 1 of 4 r NCS000244 2. C at thg facility sincere ' : There have been no significant changes in industrial activities at the facility. The permittee states that they started sending their wastewater to Brunswick County POTW beginning in 2010. 3. Threatened and Endangered Species: The site drains to an area where threatened and endangered species have been identified. The Shortnose Sturgeon (Acipenser brevirostrum) is listed as endangered, and the American alligator (Alligator mississippiensis) is listed as threatened. a. There were 0umerous instances since 2007 when BOD, COD and TSS values were above benchmarks. b. There is data missing from 2012, 2013, and 2014 (permittee is on quarterly monitoring schedule). Page 2 of 4 NC5000244 Analytical Monitoring Data 2007-2014 Outfall No. Sample Date Total Rainfall (inches) BOO COD TKN Oil and Grease pH (standard units) TSS Isopropyl Alcohol Methanol Ethanol Tert- Butyl Alcohol Benchmark 30 mg/L Bench- mark 120 mg/L Bench- mark 20 mg/L Bench- mark 30 rng/L Benchmark 4.3-9 (current) 6-9 new Bench- mark 100 mg/L Bench- mark 4,300 mg/L Bench- mark 7,700 mg/L Bench- mark 3,900 mg/L Bench - mark 3,200 mg/L 1 12/16/2007 1.4 517 1234 16.2 2 7.1 472 21A 14.8 26.1 BQL 1 02/21/2008 1.5 64 460 5 <5 6.8 304 BQL 100 BQL BQL 1 07/11/2008 0.48. 319 996 10.3 <5 6.88 216 24.6 28.7 3.1 BQL 1 09/29/2008 0.85 138 420 7.1 <5 7.28 1585 11.4 BQL 30 BQL 1 11/13/2008 1.85 103 185 4 <5 6.75 16 1.76 BQL 2.68 BQL 1 04/09/2009 1.15 28 280 1.8 <5 6.85 15 BQL BQL BQL BQL 1 06/06/2009 0.45 660 2720 3.8 <5 6.59 25 37.6 72.3 11.7 33.6 1 09/22/2009 7.2 44 314 3 <5 6.84 73 <1.0 66.9 <1.0 <1.0 1 11/10)2009 0.5 2360 3560 70 <5 7.17 43 <20 105 121 180 1 01/17/2010 0.92 122 447 <0.5 <5 6.69 52 12.9 4.04 35.6 8.24 1 07/14/2010 0.15 904 1460 25.1 11 6.79 21.8 250 70.1 360 27.1 1 09/26/2010 0.59 146 353 NA <5 6.46 154 <2 62.3 <2 21.5 1 .01/17/2011 NA 128 483 NA <5 6.31 288 106 <50 <50 120 1 09/22/2011 2.43 989 1520 NA 38 5.54 138 <10 <10 1340 <10 1 05/15/2012 0.3 145 324 2.1 <5 NA 30.8 74.2 <10 <10 39.1 1 03/06/2014 0.92 >370 7390 37.1 27 6.27 63.9 1320 357 1790 100 Page 3 of 4 NCS000244 5. AnalZicafM9ni_t_oring Notes: The benchmark for pH is revised in the new permit to reflect the standard benchmarks as it is now our practice to use the standard pH benchmarks regardless of the classification of the receiving waters. The Oil & Grease parameter is changed to TPH for consistency with other permits. Monitoring is required on a quarterly basis. This is unchanged from previous permits. 6. Permit. Facility. and Owner Contacts updates: ® Confirmed contact information with permittee and updated BIMS if necessary. ® Obtained e-mail addresses for each contact and updated BIMS. Annual Fees: ® Confirmed in BIMS that permittee does not owe fees. Recommendations: Based on the documents reviewed, the application information received on March 6, 2012 is sufficient to issue an Individual NPDES Stormwater Permit. Central Office recommends reissuance of this permit with the modifications listed above. The proposed draft permit reflects the most recent individual stormwater permit template and boiler plate language, incorporating revisions that are similar to the industrial general permits issued duringJ2012-13. Prepared by [Signature) V �L , V-Lu 9 LfY2 — Date �l ( Z / Stormwater Permitting Supervisor lcJ �-�-� - Date for Bradley Bennett Concurrence by Regional Office . 12Date /0 L �, RO DEMLR Supervis'r '+ Date i� Regional Office Staff Comments (attach additional pages as necessary) Sides -e - ^yT cl ; / 0 � / - el, i Y , Page 4 of 4 Pusey, Steven From: Pusey, Steven Sent: Thursday, December 18, 2014 9:04 AM To: 'Mark Walton' Cc: Nancy Neale; Barry White; Darlene Wells Subject: RE: NPDES Stormwater Draft Permit - NCS000244 Mark, i got your voice mail message. So, yes January 6 appears to be a good date for an inspection. Concerning the NPDES permit, please try to prepare for the questions I submitted in my October 21 email. I have made slight revisions and listed them below: 1. A new site plan is required, showing all sample points and the State Stormwater pond. Has this been done yet? 2. Find out how they pump contaminated water from the sample areas to Tank 50 for pre-treatment. Please provide a schematic diagram on this process. I Check condition of the stormwater containment pond liner. Has it been repaired since last inspection? 4. Check areas of erosion north of the containment pond. Has this been repaired? 5. Check condition and purpose of the other containment pond next to the fuel tanks by the boiler building. 6. Find missing data from quarterly monitoring from 2012 — 2014 or explain. Thanks, Steve From: Mark Walton [mailto:mark@waltonengineering.net] Sent: Tuesday, December 16, 2014 12:35 PM To: Pusey, Steven Cc: Nancy Neale; Barry White; Darlene Wells Subject: Re: NPDES Stormwater Draft Permit - NCS000244 Steve, Could we meet at ADI next Wednesday for your inspection? Thanks, Mark On 12/4/2014 3:40 PM, Pusey, Steven wrote: Mark, Would you like to meet me at the site next week sometime for an inspection? Please advise when this can be arranged. I would like to inspect for both State Stormwater and NPDES Stormwater permits at the same time if possible. Thanks, Steve From: Mark Walton[mailto:mark0waltonenaineed ng.net] Sent: Monday, November 24, 201411:44 AM To: Pusey, Steven Subject: Re: NPDES Stormwater Draft Permit - NCS000244 Puse , Steven From: Pusey, Steven Sent: Monday, December 29, 2014 3:50 PM To: Ventaloro, Julie Subject: American Distillation NPDES stormwater permit Julie, I am planning an inspection of American Distillation next week on January 6. The engineer, Mark Walton, told me that Andy Simmons of American Distillation had sent you a letter explaining the lapse in monitoring data. Can you send me a copy of this letter? Also, what other questions were answered in this letter? Another question is what should they do if there hasn't been much rainfall and they don't have anything to monitor? How should they show this on their monitoring data report? Thanks, Steve s� ;Ieng. p14u y Environmental Engineer NCDENR - Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext. Wilmington, NC 28405 Ph (910) 796-7334 / Fax (910) 350-2004 httpa/portal.ncdenr.orgZweb/Irlstormwater `W Before printing this email, please consider your budget and the environment. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Pussy, Stever: From: Pusey, Steven Seat: Thursday, December 04, 2014 3:41 PM To: 'Marls Walton' Cc: Andy Simmons(nancy@americandistillation.net) Subject: RE: NPDES Stormwater Draft Permit - NCS000244 Mark, Would you like to meet me at the site next week sometime for an inspection? Please advise when this can be arranged. I would like to inspect for both State Stormwater and NPDES Stormwater permits at the same time if possible. Thanks, Steve From: Marts Walton (mailto:mark@waltonengineering.net] sent: manaay, November 14, LU14 11:" AM To: Pusey, Steven Subject: Re: NPDES Stormwater Draft Permit - NCS000244 Steve, I just talked to Andy Simmons. He said the pond would be ready for inspection by the tatter part of next week, depending on the weather. Thanks, Mark On 11/24/2014 11:32 AM, Pusey, Steven wrote: Mark, Can you give me an approximate date when the pond work will be complete and grass planted? Thanks, Steve Front Mark Walton fmailto:markO)waltonengineerina.net) Sent: Tuesday, November 18, 2014 9:55 AM To: Pusey, Steven Cc: Nancy Neale; Bang White Subject: Re: NPDES Stormwater Draft Permit - NCS000244 Steve, It doesn't have a concrete base for anti -flotation. That's why I recommended anchors. I recommended auger type steel screw anchors fastened at the four corners of the outlet box with stainless steel red- heads, ss eye bolts, and ss cable to the anchors. Outlet will be flared pipe ends with a rip -rap spreader on filter fabric per the approved plans. There is a detail on the approved plan. Thanks, Mark On 11/18/2014 9:47 AM, Pusey, Steven wrote: Mark, Does the outlet structure have a concrete base for anti -flotation? What type of anchor are you recommending? Also, please describe the outlet spreader. Is it a concrete level spreader? Thanks, Steve From: Mark Walton fmailto:mark@waltonengineering.net] Sent: Tuesday, November 18, 2014 9:23 AM To: Pusey, Steven Cc: Nancy Neale; Barry White; Darlene ADI Subject Re: NPDES Stormwater Draft Permit - NCS000244 Steve, The pond has been surveyed and I inspected it yesterday. I don't have the as -built plan yet. I did find some things that needed to be addressed before I can certify. Outlet spreader needs some fine grading and an energy dissipator at the pipe outlet. I recommended anchors for the outlet structure (we put in a concrete outlet structure vs corrugated steel riser and barrell). Need more rip rap at the inlet pipe. A diversion berm is shown on the plans but was not installed (to keep runoff from entering the pond from the sides). Seeding is still to be done. Andy Simmons wanted me to inspect the pond before seeding so he could fix any issues that might exist. All indications are that ADI will take action on these items quickly. I will let you know when it is ready for final inspection. Thanks, Mark Walton On 11/17/2014 2:03 PM, Pusey, Steven wrote: Mark, Are you going to issue a certification for the new State stormwater pond at American Distillation this week? If so, do you want me to meet you at the site? Thanks, Steve Pusey From: Mark Walton [mailto:mark@waltonennineerino.net] Seft Wednesday, October 15, 2014 2:06 PM To: Ventaloro, Julie; nancy@americandisbilation.net Cc: all n w l nen ineerin .net; Pusey, Steven Subject: Re: NPDES Stormwater Draft Permit - NCS000244 Julie, We don't need a paper copy. Thanks, Mark Walton On 10/15/20141:36 PM, Ventaloro, Julie wrote: Mr. Simmons, We are seeking your comments on the attached draft permit for the American Distillation, Inc facility in Brunswick County. The cover letter outlines significant changes that were made to the permit since it was last issued as well as some outstanding issues that need your attention. Please review the draft permit and send your comments and required documents (site map, data) to me either by email or regular mail. I've dropped a hard copy in the mail to you as well. The draft has not gone out for public notice yet, but I anticipate that happening by the end of October. I'll let you know when that happens. Please give me a call if you have any questions. Mark and Allen — Let me know if you would also like to receive a hard copy of the draft permit in addition to the attached electronic copy. Julie Ventaloro Stornwater Permitting; Program NC Divisitsn of Enemy, Mineral, and Land Resources r632 Mail Service Center-, Raleigh, NC 27699-3632 P11033e: (939) 807-6370 Fax: (919) 807-6494 Website: http:l/watersupl2lywatershed.n�-.,gov E-mail correspondence to and from this address may be suhject to the North Carolina Public Records Law and may he disclosed to third prirties. IVCDEN North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Edward Earl Simmons American Distillation Inc PO Box 400 Leland NC, 28451 Dear Permittee: Division of Water Quality Chuck Wakild, P.E. Director January 10, 2012 Subject: NPDES Stormwater Permit Coverage Renewal American Distillation - Navassa Permit Number NCS000244 Brunswick County Dee Freeman Secretary Your facility is currently covered for stormwater discharge under NPDES Permit NCS000244. This permit expires on August 31, 2012. To assure consideration for continued coverage under your individual permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. Enclosed you will find an individual permit Renewal Application Form, Supplemental Information request, and Stormwater Pollution Prevention Plan Certification for your facility. Filing the application form along with the requested supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you receive a new permit, please continue to comply with all conditions and monitoring requirements in your expired NPDES Stormwater permit. The application and supplement must be completed and returned to DWQ by March 4, 2012. Failure to request renewal within this time period will result in delay of your permit renewal and may result in a civil assessment. 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 permit renewal procedures please contact Brian Lowther of the Stormwater Permitting Unit at (919)-807-6368 or brian.Lowther@ncdenr.gov. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit Cc: Central Files SPU Files Wilmington Regional Office 1617 Mail Service Center, Raleigh, Noi1h Carolina 27699-1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone: 919-807-6300 k FAX: 91 "07-6492 Internet: www.nwiaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally o�oFwnrE, Permit Coverage 4Renewal Application Form National Pollutant Discharge Elimination System permit Number Stormwater Discharge Permit NCS000244 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 be mailed to the owner address American Distillation Inc Edward Earl Simmons PO Box 400 Leland NC, 28451 Facility/Permit Contact Information Facility Name: American Distillation - Navassa 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: 1690 Royster Rd NE Leland, NC 28451 Cartwheel Branch 18-72 SC; Sw Cape Fear River Basin 03-06-17 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.uslsulimpaired Waters_TMDLI ) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Print or type name of person signing above Please return this completed renewal application form to: Date Title Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 County of Brunswick Control Authority andfor Municipality PERMIT Industrial User Pretreatment Permit (CUP) To Discharge Wastewater Under the Industrial Pretreatment Program 0004 IUP Number 40 CFR Category(if Applicable) In compliance with the provisions of North Carolina General Statute 143-215.1, any applicable federal categorical pretreatment regulations, all other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Control Authority and/or Municipality Sewer Use Ordinance. The following Industry, hereafter referred to by name or as the permittee: Industry name. permittee: American Distillation, Inc. Fac;My Located at Street Address 1690 N.E. Ro ster Road city Leland State. Zip N.C.28451 is hereby authorized to discharge wastewater from the facility located at the above listed address into the sanitary sewer collection system and the wastewater treatment facility of the Control Authority and/or Municipality listed below: IUP Control Authority andfor Mun cipatity VWfTP name, NE Brunswick Re Tonal WRY NPDES Number: NCO086819 WXTP Address: 10480 Ro ster Road NE City, State: Lp Leland, NC 28451 in accordance with effluent limitations, monitoring requirements, and all other conditions set forth in Parts I,11, and III of this Industrial User Pretreatment Permit (IUP). Effective date. this permit and the authorization to discharge shall become effective at midnight on this date-, August 9, 2010 Expiration date, this permit and the authorization to discharge shall expire at midnight on this date: March 1, 2011 Date signed Title Industrial User Pretreatment Permit (IUP) PART I Specific Conditions IUP, PART 1, OUTLINE: A.) IUP Basic Information B.) IUP Modification History C.) Authorization Statement D.) Description of Discharges E.) Schematic and Monitoring Locations F.) Effluent Limits & Monitoring Requirements G.) Definitions and Limit Page(s) notes A. IUP Basic Information: Receiving Control Authority & W WTP name: POTW NPDF 5 4 : County of Brunswick/NE Brunswick Regional NCO086819 W RF IUP Name: IUP Number: American Distillation, Inc. 0004 IUP Effective date : Pipe Numbers, list all regulated pipes: August 9, 2010 001 IUP > xpiration date: ]UP 40 CFR 9 (if applicable), or NIA: March 1, 2011 Organic Chemical Recycling B. - IUP History. A Complete Permit History is required): Effective Renewal or Description of changes over previous IUP. Date Modification 5/20/2009 American Distillation, Inc. submitted a Industrial Waste Survey for consideration to discharge to Brunswick County POTW. 5/2009 American Distillation was advised that the BOD/COD/ACETONE levels were too high to discharge to POTW. 6/7/2010 American Distillation, Inc. achieved a BOD/COD/Acetone level that was below the Brunswick County discharge limit. 6/25/2010 Donald Dixon and Brian Blanton from BCPU met with Chuck Bullard, Director of Operations for ADI, to establish criteria for ADI to discharge to NEBR WWTP. 8/6/2010 Inspection of discharge sampling station 8/9/2010 Brunswick County issued a discharge permit to ADI to expire March 1, 2010. 2 Industrial User Pretreatment Permit (IUP) .PART I ific Conditions C.) Authorization Statement: 1.) The Permittee is hereby authorized to discharge wastewater in accordance with the effluent limitations, monitoring requirements, and all other conditions set forth in this Industrial User Pretreatment Permit (IUP) into the sewer collection system and wastewater treatment facility of the Control Authority and/or Municipality. 2.) The Permittee is hereby authorized to continue operation of and discharge wastewater from the following treatment or pretreatment facilities. These facilities must correspond to the treatment units listed on both the application ind inspection forms. IU Treatment Units list 0 Treatment UmW Descriptions: Air Stripper Removes VOC's Filtration Sand Filters Distillation Secondary Treatment 3.) The Permittee is hereby authorized to, if required by the Control Authority and/or Municipality and after receiving Authorization to Construct (A to C) from the Control Authority and/or Municipality, construct and operate additional pretreatment units as needed to meet final effluent limitations. D.) Description of IUP Discharge(s): 1. Describe the discharge(s) from all regulated pipes. Pipe # 001 , Description of Discharge: All process water is pretreated and sampling performed prior to dilution. No domestic wastewater is discharged. Pipe # 002, Domestic Wastewater only. 3 Industrial User Pretreatment Permit (IUP) PART I Specific Conditions E.) Schematic and Monitoring Locations: The facility schematic and description of monitoring location(s) given below must show enough detail such that someone unfamiliar with the facility could readily find and identify the monitoring location(s) and connection to the sewer. Include and identify all regulated pipes. 4 1UP, Part 1 Section F: Effluent Limits and Monitoring Requirements The Permittee may discharge from this specific Pipe number according to these specific dates, effluent limits, and monitoring requirements Receiving POTW name => Brunswick Co. IU name => Receiving POTW NPDES # => NCO086819 JUP # => Effective date for these Limits => 84-2010 Pipe # => Expiration date for these Limits => 3-1-2011 40 CFR # => THE LIMITS ON THIS PAGE ARE, (Check one below): LIMITS for ENTIRE permit period => Yes INTERIM Limits for period # I => INTERIM Limits for period # 2 => FINAL Limits Page => American Distillation, Inc. 0004 001 if not applicable put NIA Concentration Limits Mass Limits Monitoring Frequency Dail Max Monthly Avera a Units Daily Max Monthly Average Units By I dustry By POTW Sample Collection Method (C or G) Required Laboratory Detection Level I Flow .0250 MGD monthly As needed meter Best available 2 BOD 200 mg/1 monthly As needed C Best available 3 TSS 150 mg/l monthly As needed C Best available 4 Temperature 40 Deg. C monthly As needed G I Deg. C 5 PH 6-9 Std. units monthly As needed G .1 SU OTHER PARAMETERS; Please List Alphabetically 6 Ammonia 25 mg/I Monthly As needed C 7 Arsenic .01 mg/I Monthly As needed C .05 8 Cadmium .003 m /I Monthly As needed C .002 9 Chromium .05 m /l Monthly As needed C .005 10 Copper .061 mg/I Monthly As needed C .002 11 Cyanide .015 mg/l Monthly As needed G .005 12 Lead .049 mg/I Monthly As needed C .01 13 Mercury 0003 mg/l Monthly As needed C 1 ng/I 14 Nickel .021 mg/I Monthly As needed C .01 15 Oil & Grease 100 mg/l Monthly As needed G 16 Silver .005 mg/l Monthly As needed C .005 17 Zinc .175 mg/1 Monthly As needed C .005 18 Isopropyl Alcohol monitor Monthly As needed G 1.0 19 Acetone 8.20 mg/l Monthly As needed G .005 20 Ethanol monitor Monthly As needed G 1.0 21 Methanol monitor Monthly As needed G 1.0 22 23 Industrial User Pretreatment Permit IUP) PART I Specific Conditions G.) Definitions and Limit Page(s) notes: In addition to the definitions in the County of Brunswick Sewer Use Ordinance the following definitions and requirements apply: Composite Sample: Unless defined differently below, a composite sample for the monitoring requirements of this IUP, is defined as the automatic or manual collection of one grab sample of constant volume, not less than 100 ml, collected every hour during the entire discharge period on the sampling day. Sampling day shall be a typical production, and discharge day. 2. Composite Sample, alternative definition: A composite sample for the monitoring requirements of this [UP is the same as described above unless specifically defined below as the automatic or manual collection of constant volume and constant time grab samples collected and composited according to the following criteria: specific volume of each grab sample = specific time interval between samples = total duration of sample collection period = Total number of grab samples to be composited = 3. Daily Monitoring Frequency Milliliters Hours Hours Samples Daily Monitoring Frequency as specified in this IUP shall mean each day of discharge. 4. Grab Sample Grab sample for the monitoring requirements of this IUP, is defined as a single "dip and take" sample collected at a representative point in the discharge stream. 5. Instantaneous measurement An Instantaneous measurement for the monitoring requirements of this IUP is defined as a single reading, observation, or measurement. 7 Industrial User Pretreatment Permit (IUP PART II General Conditions Outline of PART II, 1. Representative Sampling 16. Federal and/or State Laws 2. Reporting 17. Penalties 3. Test Procedures 18. Need to Halt or Reduce 4. Additional Monitoring by 19. Transferability Permittee 5. Duty to comply 20. Property Rights 6. Duty to Mitigate 21. Severability 7. Facilities Operation, Bypass 22. Modification, Revocation, Termination 8. Removed substances 23. Reapplication 9. Upset Conditions 24. Dilution Prohibition 10. Right of Entry 25. Reports of Changed Conditions 11. Availability of Records 26. Construction of pretreatment facilities 12. Duty to provide information 27. Reopener 13. Signatory Requirements 28. Categorical Reopener 14. Toxic Pollutants 29. General Prohibitive Standards 15. Civil and Criminal Liability 30. Reports of Potential Problems 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to, and approval by, the permit issuing authority. 2. Reporting a.) Monitoring results obtained by the permittee shall be reported on forms specified by the Control Authority and/or Municipality, postmarked no later than the twentieth day of the month following the month in which the samples were taken. If no discharge occurs during a reporting period (herein defined as each calendar month) in which a sampling event was to have occurred, a form with the phrase "no discharge" shall be submitted. Copies of these and all other reports required herein shall be submitted to the Control Authority and/or Municipality and shall be sent to the following address: Brian Blanton Pretreatment Coordinator County of Brunswick PO Box 249 Bolivia, NC 28422 b.) If the sampling performed by the permittee indicates a violation, the permittee shall notify the Control Authority and/or Municipality within 24 hours of becoming aware of the violation. The permittee shall also repeat the sampling and analysis and submit the results of the repeat 8 OR Industrial User Pretreatment Permit (IUP) PART H General Conditions analysis to the Control Authority and/or Municipality within 30 days after becoming aware of the violation. c.) If no self -monitoring is required by this IUP, and the sampling performed by the Control Authority and/or Municipality indicates a violation, the Control Authority and/or Municipality shall repeat the sampling and analysis and receive the results of the repeat analysis within 30 days after becoming aware of the violation. d.) If no self -monitoring is required by this [UP., and the sampling performed by the Control Authority and/or Municipality indicates a violation, the Control Authority and/or Municipality shall notify the permittee within 24 hours of becoming aware of the violation, and the permittee shall sample for the applicable parameter and submit the results of this analysis within 30 days after the POTW became aware of the violation. 3. Test Procedures Test procedures for the analysis of pollutants shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto unless specified otherwise in the monitoring conditions of this permit. 4. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be submitted to the Control Authority and/or Municipality. The Control Authority and/or Municipality may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 5. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Control Authority and/or Municipality Sewer Use Ordinance and is grounds for possible enforcement action. 6. Duty to Mitigate - Prevention of Adverse Impact 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, the POTW, the waters receiving the POTW's discharge, or the environment. 7. Facilities Operation, Bypass The permittee shall at all times maintain in good working order and operate as efficiently as possible, all control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. Bypass of treatment facilities is prohibited except when approved in advance by the Control Authority and/or Municipality. Bypass approval shall be given only when such bypass is in compliance with 40 CFR 403.17. 8. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutants from such materials from entering the sewer system. The permittee is responsible for assuring its compliance with any requirements regarding the generation, treatment, storage, and/or disposal of "Hazardous waste" as defined under the Federal Resource Conservation and Recovery Act. G] Industrial User Pretreatment Permit (IUP) PART II General Conditions 9. Upset Conditions An "upset" means an exceptional incident in which there is an unintentional and temporary noncompliance with the effluent limitations of this permit 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 or inadequate treatment facilities, lack of preventative maintenance, or careless or improper operations. An upset may constitute an affirmative defense for action brought for the noncompliance. The permittee has the burden of proof to provide evidence and demonstrate that none of the factors specifically listed above were responsible for the noncompliance. 10. Right of Entry The permittee shall allow the staff of the State of North Carolina Department of Environment and Natural Resources, Division of Water Quality, the Regional Administrator of the Environmental Protection Agency, the Control Authority and/or Municipality, and/or their authorized representatives, upon the presentation of credentials: 1. To enter upon the permiuce's premises where a real or potential discharge is located or in which records are required to be kept under the terms and conditions of this permit; and At reasonable times to have access to and copy records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 11. Availability of Records and Reports The permittee shall retain records of all monitoring information, including all calibration and maintenance records as well as copies of reports and information used to complete the application for this permit for at least three years. All records that pertain to matters that are subject to any type of enforcement action shall be retained and preserved by the permittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Except for data determined to be confidential under the Sewer Use Ordinance, all reports prepared in accordance with terms of this permit shall be available for public inspection at the Control Authority and/or Municipality. As required by the Sewer Use Ordinance, effluent data shall not be considered confidential. 12. Duty to Provide Information The permittee shall furnish to the Director of Public Works or his/her designees, within a reasonable time, any information which the Director, his/her designee, or the Division of Water Quality may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish, upon request, copies of records required to be kept by this permit. 13. Signatory Requirements All reports or information submitted pursuant to the requirements of this permit must be signed and certified by the Authorized Representative as defined under the Sewer Use Ordinance. If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to [POTW Director] prior to or together with any reports to be signed by an authorized representative. 10 Industrial User Pretreatment Permit QUP) PART II General Conditions 14. Toxic Pollutants If a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Federal Clean Water Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit may be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 15. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. 16. Federal and/or State Laws 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 established pursuant to any applicable Federal and/or State law or regulation. 17. Penalties The Sewer Use Ordinance of the Control Authority and/or Municipality provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 dollars per day of such violation. Under state law, (NCGS 143-215.613), under certain circumstances it is a crime to violate terms, conditions, or requirements of pretreatment permits. It is a crime to knowingly make 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. These crimes are enforced at the prosecutorial discretion of the local District Attorney. 18. 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 to maintain compliance with the conditions of the permit. 19. Transferability This permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without approval of the Town. 20. Property Rights 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. 21. 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 circumstance is held invalid, the application of such provision to other circumstances and the remainder of this permit shall not be affected thereby. 22. Permit Modification, Revocation, Termination 11 Industrial User Pretreatment Permit IUP PART II General Conditions This permit may be modified, revoked and reissued or terminated with cause in accordance to the requirements of the Control Authority and/or Municipality Sewer Use Ordinance and North Carolina General Statute or implementing regulations. 23. Re -Application for Permit Renewal The permittee is responsible for filing an application for reissuance of this permit at least 180 days prior to its expiration date. 24. Dilution Prohibition The permittee shall not increase the use of potable or process water or in any other way attempt to dilute the discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this permit. 25. Reports of Changed Conditions The permittee shall give notice to the Control Authority and/or Municipality of any planned significant changes to the permittee's operations or system which might alter the nature, quality, or volume of its wastewater at least 180 days before the change. The permittee shall not begin the changes until receiving written approval from the Control Authority and/or Municipality. Also see Part 11, 30 below for additional reporting requirements for spill/slug issues. Significant changes may -include but are not limited to (a) increases or decreases to production; (b) increases in discharge of previously reported pollutants; (c) discharge of pollutants not previously reported to the Control Authority and/or Municipality; (d) new or changed product lines, (e) new or changed manufacturing processes and/or chemicals; or (f) new or changed customers. 26. Construction No construction of pretreatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Control Authority and/or Municipality and written approval and an Authorization to Construct (A to C) have been issued. 27. Reopener The permit shall be modified or, alternatively, revoked and reissued to comply with any applicable effluent standard or limitation for the control of any pollutant shown to contribute to toxicity of the WWTP effluent or any pollutant that is otherwise limited by the POTW discharge permit. The permit as modified or reissued under this paragraph may also contain any other requirements of State or Federal pretreatment regulations then applicable. 28. Categorical Reopener This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable effluent standard or limitation issued or approved under Sections 302(b)(2)(C) and (D), 304(b)(2), and 307(a)(2) of the Clean Water Act, if the effluent standard or limitation so issued or approved: 1.) contains different conditions or is otherwise more stringent than any effluent limitation in this permit; or 2.) controls any pollutant not limited in this permit. 12 Industrial User Pretreatment Permit (IUP) PART II General Conditions The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable. 29. General Prohibitive Standards The permittee shall comply with the general prohibitive discharge standards in 40 CFR 403.5 (a) and (b) of the Federal pretreatment regulations. 30. Potential Problems The permittee shall provide protection from accidental and slug discharges of prohibited materials and other substances regulated by this permit. The permittee shall also notify the POTW immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of a non -routine, episodic nature, a non -customary batch discharge, or a slug load as defined in the Sewer Use Ordinance. Additionally, the permittee shall notify by telephone the Control Authority and/or Municipality immediately of all discharges that could cause problems to the POTW including any slug loadings as defined in the Sewer Use Ordinance. If the permittee experiences such a discharge, they shall inform the Control Authority and/or Municipality immediately upon the first awareness of the commencement of the discharge. Notification shall include location of the discharge, type of waste, concentration and volume if known and corrective actions taken by the permittee. A written follow-up report thereof shall be filed by the permittee within five (5) days, unless waived by the Control Authority and/or Municipality. 13 Industrial User Pretreatment Permit (IUP) PART III - Special Conditions 1. Slug/Spill Control Measures Implement approved Slug/Spill Control Plan. 2. Sludge Management Plan Ninety days prior to the initial disposal of sludge generated by any pretreatment facility, the permittee shall submit a sludge management plan to the Control Authority. 3. Flow Measurement Requirements (For SIUs with discharge flow meters) The permittee shall maintain appropriate discharge flow measurement devices and methods consistent with approved scientific practices to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Devices installed shall be a continuous recording flow meter capable of measuring flows with a maximum deviation of less than 10% from true discharge rates throughout the range of expected discharge volumes. The devices shall be installed, calibrated, and maintained to ensure accuracy. At the time of issuance of the permit, this method consists of a flow meter at sample point for pipe # 1. The meter shall be calibrated a minimum of once a quarter. Modifications to the flow metering equipment shall be approved by the Control Authority prior to installation. If a required flow measurement device fails, the Control Authority shall be notified within 24 hours. 4. Certified Laboratory Analysis Pollutant analysis shall be performed by a North Carolina Division of Water Quality Certified Laboratory that is certified in the analysis of the pollutant in wastewater. 5. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater pretreatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the type and grade equivalent to, or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified backup operator of the appropriate type and grade to comply with the conditions of Title 15A, Chapter SA .0202. The ORC of the facility must visit the wastewater facility as required; must properly manage and document daily operation and maintenance of the facility; 14 Industrial User Pretreatment Permit (IUP) PART III Special Conditions and must comply with all other conditions of Title 15A, Chapter 8A .0202. The permittee shall submit a letter designating the operator in responsible charge to the Certification Commission or their designee within thirty days after facility classification. 6. Total Toxic Organics (TTO) Definition "TTO", or Total Toxic Organics, is the sum of the concentrations of the toxic organic compounds listed in 40 CFR that are found in the permittee's process discharge at a concentration greater than 0.01 mg/l. 7. Total Toxic Organics (TTO) Certification In lieu of monitoring for TTO, the permittee may, upon submitting to the Control Authority one sample showing TTO compliance and a toxic organic management plan, make the following certification every six months: "Based upon my inquiry of the person or persons directly responsible for managing compliance with the permit limitation for total toxic organics (TTO), I certify that, to the best of my knowledge, no dumping of concentrated toxic organics into the wastewaters has occurred since filing of the last monitoring report. I further certify that this facility is implementing the toxic organic management plan submitted to the Control Authority." 8. Toxic Organic Management Plan Within ninety days of the issuance of this permit, the permittee shall develop and submit to the Control Authority a toxic organic management plan. 15 IUP Synopsis A. IUP Basic Information Receiving POTW name: POTW NPDES#: County of Brunswic"E Brunswick Reg NC0086819 W RF lUP name: IUP Number. American Distillation, Inc. 0004 IUP Effective date: 8-4-2010 Pipe Numbers, list all regulated pipes: 001,002 IUP expiration date: IUP 40 CFR#, if applicable: 3-1-2011 B. IUP Survey & Application form Attach a completed copy of the Industrial User Wastewater Survey & Application Form (see appendix 6-A) C. IU Inspection form Attach a copy of an Industrial User Inspection Form (see chapter 7) completed by the Control Authority within the past 12 months. - . WALTQN ENGINEERIN Uj s. March 4, 2009 Mr. Reggie Angeli Brunswick County Public Utilities P.O_ Box 249 Bolivia, NC 28422 Re: American Distillation, Inc.; Industrial User Wastewater Survey & Permit Application Dear Mr. Angeli, Enclosed is the Industrial User Wastewater Survey & Permit Application for American Distillation, Inc. If you have any questions, please call me at 910-259-4800. Sincerely, R. Mark Walton, P.E. cc: American Distillation, Inc. Tel: 910-259-4800 PO Box 895, Btugaw, North Carolina, 28425 Fax: 910-259-1 T79 Ll Industrial User Wastewater Survey & Permit Application COVER PAGE Company Name: American Distillation, Inc. Name of responsible person on site at the facility authorized to represent the Name of alternative on site person familiar with the day to day operations, company in official dealings with the Sewer Authorityand/or the City. environmental permitting requirumcnts, monitoring, record keepin& and data management-. Will olivrr Barry White Title Years with firth Title Years with firm Technical Director 15 Plant Mana er 6 Phone H Fax # Phone 4 Fax � 910.371.0993 910.371.2971 910371.0993 910.3711971 Physical street address of facility Official mailing address, if difrerent. Note ifsame. 1690 N.E. Royster Road SAME City State Zip City Slate Zip LelandNC 28-t51 The information provided by you on this questionnaire serves two functions: The information is used to determine if your facility needs an Industrial User Pretreatment Permit (IUP) for the discharge of wastewater to the local sewer. 2. If an Industrial User Pretreatment Permit (][UP) is required, this survey serves as the application for an Industrial User Pretreatment Permit (TUP). Requests for confidential treatment of information provided on this form shall be governed by procedures specified in 40 CFR Part 2. In accordance with Title 40 of the Code of Federal Regulations Part 403, Section 403.14 and the Local Sewer Use Ordinance (SUO), information and data provided in this questionnaire which identifies the content, volume and frequency of discharge shall be available to the public without restriction. This is to be signed by an authorized official of your firm, as defined in the Local Sewer Use Ordinance or the NC Model Sewer Use Ordinance, Section 1.2, after completion of this form. 1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and/or imprisonment for knowing violations. Signature of Authorized Representative listed above (seal if Date Title: Rl Wastewater Survey & Permit Application File name: CADocuments and SettmgslRueger.BRIAN1My DocumeatslMy I)Octunents\SIU&IUPIADIIADI-SIU&IUP application -Industrial Wastewater 0 • • Industrial User Wastewater Survey & Permit Application Provide a brief narrative description of the type of business, manufacturing processes, or service activities your firm conducts at this site. This facilities major process is the purification of organic liquids by distillation. A small amount of mamsfacturing of organic liquids does occur at the facility. 2. List the primary products produced at this facility: None (a small amount of organic liquids are produced at the_ facility, but the major process at the facility is recycling organic liquids). 3. List raw materials and process additives used_ Organic liquids 4. Are biocides added to any water discharged to the POTW, i1 Bromicide Yes X No 5. Describe weekly production schedule, including shifts worked per day, employees per shift, and primary operation during shift. -24hrs/day, 7&aKv/wk, 2 employees per shift. 6. Production process is: Check, if all continuous Check, if all batch X If both please enter, % continuous = % % Batch = % Title: It! Wastewater Survey & Permit Application Filename: C:1Documeaq and Sctting_slRueger.I3R1AN1My Dwument-s1My Docaments4SlIl&II IP1ADPADI-Slt]&" application -Industrial Wastewater • , [i V � V r r /I p /V - /10" 9, li z STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION SWP DATEITIME NAME f�—v E� `'� REPRESENTING Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 P.M. Viewing time ends at 4:45 p.m, Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by facility name or incident number, as appropriate. The number of files that you may review at: one appointment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no charge for 25 or less copies.: cost per copy after the initial 25 is 2.5 per copy. Payment is to be made by check; money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME COUNTY 1.�f-l/.I"I z'���Cl n ,�i S f i %�� �� `d .� - .S•C�f� y��DS'�'/cJ� 2. 3. 4. 5. co SigdaturetName of F rm or B iness Date Time In Time Out 'TKease attach business card to form if available) # Copes: 1915 Amt. Pd.- S j S9-ZS1.&3x -o;�S= l 5.3 AF. ircb—ENR North Carolina Department of Environment and Beverly Eaves Perdue Governor Mr. Edward Earl Simmons American Distillation Inc PO Box 400 Leland NC, 28451 Dear Permittee: Division of Water Quality Chuck Wakild, P.E. Director January 10, 2012 Natural Resources Subject: NPDES Stormwater Permit Coverage Renewal American Distillation - Navassa Permit Number NCSOW244 Brunswick County Dee Freeman Secretary Your facility is currently covered for Stormwater discharge under NPDES Permit NC5000244. This permit expires on August 31, 2012. To assure consideration for continued coverage under your individual permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. Enclosed you will find an individual permit Renewal Application Form, Supplemental Information request, and Stormwater Pollution Prevention Plan Certification for your facility. Filing the application form along with the requested supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you receive a new permit, please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. The application and supplement must be completed and returned to DWQ by March 4. 2012. Failure to request renewal within this time period will result in delay of your permit renewal and may result in a civil assessment. 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 permit renewal procedures please contact Brian Lowther of the Stormwater Permitting Unit at (919)-807-6368 or brian.{owther@ncdenr.gov. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit Cc: Central Files SPU Files Wilmington Regional Office 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807.63001 FAX: 9IM07-6492 Internet: www.ncwaterquality.org An Equal Opportunity t Affirmative Action Employer No � Carolina awrally 004 WA7F9 G Permit Coverage q °� Renewal Application Form a Nationat Pollutant Discharge Elimination System Permit Number Stormwater Discharge Permit NCS000244 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 ' Reissued Permit will be mailed to the owner address Owner / Organization Name: American Distillation Inc Owner Contact: Edward Earl Simmons Mailing Address: PO Box 400 Leland NC, 28451 Phone Number: Fax Number: E-mail address: Facility/Permit Contact Information Facility Name: American Distillation - Navassa Facility Physical Address: 1690 Royster Rd NE Leland, NC 28451 Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Discharge Information Receiving Stream Cartwheel Branch 18-72 Stream Class: SC; Sw Basin: Cape Fear River Basin Sub -Basin: 03-06-17 Number of outfatls. 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.uslsulimpoired_Waters_TMDLI ) CERTIFICATION I certify that I am familiarowith 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 Title Please return this completed renewal application form to: Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 NCS 000244 F \N A rk Michael F. Easley, Governor 0 �YQ William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimd r, P. E. Director > Division of Water Quality p ^� Coleen H. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: American Distillation Co, Inc. NPDES Permit Number: NCS000244 Facility .Location: Leland, NC (Brunswick County) Type of Activity: Industrial distillation SIC Code (if applicable): Chemicals and Allied Products, Not Elsewhere Classified Receiving Streams: Cartwheel Branch, See Figure I River Basin: Cape Fear River Basin, Sub -basin 03-06-17 Stream Classification: SC, SW Proposed Permit Requirements: See attached drab permit. Monitoring Data: See Table 1 Facility Lticatioh-.- See igufe - Response Requested by (Date): 5wku Am Central Office Staff' Contact: Kelly Johnson, (919) 733-5083, ext. 376 - v Inc I f ; ( 2-5 (a ?� Description of Onsite Activities: This facility conducts distillation of primarily organic solutions such as ethyl alcohol, tert-butyl alcohol, isopropyl alcohol, miscellaneous alkanes, specialty solvents, and phosphite chemicals. They process by-products for other companies, recover usable materials from the by-products, and return them to the original col�pany. This process is called "tolling". Documents Reviewed: go • NPDES Stormwater Permit Application Materials • Stormwater Permit File • Cape Fear Basinwide Plan • Draft 2006 303(d) List • EPA Sector -Specific Permit, 2006 draft History: • First issued on 1 January 1995 to American Distillation Company for same name in Leland to Cape Fear River (Class SC) requiring annual testing for TSS, COD, BOD, pH, toluene, and TKN. Cutoff values were in the permit. No vehicle maintenance. • Reissued 1 January 2000. Oil and grease was added. Also added four samples in the last year of vehicle maintenance requirements of pH, oil and grease, TSS. There were no cutoff concentrations for vehicle maintenance. This hermit was issued to a facility with the same address, however, the permit renewal N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service I-877-623-6748 NCS000244 application shows that our records had them at 220 Old Dairy Road, Wilmington 28405. !f there is a site visit, determine if this facility has ever moved, or if we just had this as an error in our database. Figure 1: Map of Facility Central Office Review Summary: 1. Other Permits: o SW8930501: State stormwater, low density o NCG500148: Noncontact cooling water, boiler blowdown, wastewater discharge 2. General Observations: This facility has high analytical monitoring. DWQ needs to ensure that the facility is not generating a mixture of wastewater and stormwater. I called the applicant, and determined that there is one instance where this could happen, but that it has not happened. There is a stormwater containment tank (Tank 23) that has the ability to discharge to three places; (1) to a cooling tower which is the typical usage method, (2) to a stormwater pond, or (3) to a swale that discharges offsite to Cartwright Creek without treatment. The applicant said that the only time they have had to direct water to the stormwater pond is during Hurricane Floyd. Water was not directed to the swale at that time, and has not been directed to the swale. 3. Previous Inspections: The applicant said that he was inspected by State stormwater personnel in 2005, but did not recall the ryame(s) of the inspector(s). He contacted DWQ to arrange the inspection because he was NCS000244 concerned that he would lose business unless he had a valid stormwater permit. Most of his clients audit facilities before doing business with them. His permit expired on December 31, 2004. Per his request, he received a letter from the central office in 2005 stating that he is in compliance because he had submitted his renewal paperwork on time. 4. Impairment: The receiving water i artwheel Creek, ich is not impaired. Cartwheel Creek is not.addressed in the Basinwide Plan. If there is a site visit, a ermine if the site slopes primarily to the east (in which case the receiving water would be the Cape Fear River), or to the south (in which case the receiving water would be Cartwheel Creek.) It appears from the map that it drains to the Creek, but the previous permit indicated that it drained to the River. (The River is not impaired in this area.) 5. Oualitative Monitoring: Qualitative monitoring was performed, but not using the State form. The State form requires the permittee to record color, odor, clarity, solids, foam, oil, etc. The data submitted shows only "remarks", and is generally not descriptive. DWQ will ask the applicant to use the forms for the next ermittin c cle. b. Analytical Monitoring: This facility failed to collect samples from all of the permit -required timeframes, as shown in Table 1. The samples collected represent a small window of time, but also show unacceptable stormwater conditions from the site. If there is a site visit, we need to determine their _chemical inventory it order to determine if we have all of the gppropriate monitoring parameters. Perhaps_get the tarrrm inventory list. Table 1: Analytical Monitoring Required Sampling Range Sampling Date BODr, TSS COD TKN Oil & Grease Toluene pH Benchmark: (30 mg/1) Benchmark: Benchmark: (100 mg/L) (120 mg1L) Benchmark: (20 mglL) Benchmark: (30 mg/L) Benchmark: (1.8 uglL) Benchmark: (4.3-9, SW water ._ 111103-3131103_. ----- ------ —_ - - -tf ------- 4/1103-6/30/03 711103-9130/03 18 Se -03jJ14 81 3.9 2.6.82 23-Se -03 37 2. 6.83 1011103-12/311D3 25-Oct-03 93 6.7 6.99 4-Dec-03 52 6.51 Not Required in Permit 12-Feb-O 59 18.2 1 6.9 Over benchmark Not submitted + Chemical Oxygen Demand: Very High o COD is used to indirectly measure the amount of organic compounds in water. It indicates the mass of oxygen consumedper liter of solution. Because this facility processes organic solutions, this may be an indicator of wastewater contaminating the stormwater. • Biological Oxygen Demand: Very High o BOD measures the concentration of biodegradable organic matter present in a sample of water. This facility generates chemicals by tolling and so the pollutants vary over time. BOD was not high in September or October, but was very high in December and February. It is possible that the facility was generating different materials at these different times. • Total Kjeldahl Nitrogen (TKN): High o TKN is organic nitrogen plus ammonia (NH3) and ammonium (NH4*). TKN is a portion of total nitrogen (TN), which also includes nitrite (NOA and nitrate (NOO. ■ Nitrate is the conjugate base of nitric acid. A nitrate salt forms when a positively charged ion attaches to the negatively charged oxygen atoms of the ion, forming an ionic compound. Almost all nitrates are soluble in water at standard temperature and pressure. In organic chemistry a nitrate is a functional group with general chemical formula RONO2 where R stands for any organic residue. They are the esters of nitric acid and alcohols. ■ A nitrite is either a salt or an ester of nitrous acid. In organic chemistry, nitrites are esters of NCS000244 nitrous acid. They possess the general formula RONO, where R is an aryl or alkyl group. o TKN is high when BOD5 and/or COD is high, which makes sense because they all measure organics. EPA's Sector -Specific Permit only requires TSS monitoring. No chemical monitoring is required. 7. Secondary Containment of the 25-year Storm: The previous permit required, "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." This facility likely already has infrastructure to contain this storm, but if there is a site visit we should do a sanity check to ensure that this is the case; especially since their analytical monitoring is so high_ o Largest Tank Within the Containment Structure: If there is a site inspection, we need to know this tank volume (at least roughly). (The 10,000 gallon tank ank 23) is not inside the containment structure). o 25year storm: The 25-year storm in Wilmington in 9 inches. Revised Permit Recommendations: Analytical Monitoring: 1. Due to a potential lag time between the expiration of this permit and its renewal, I have specified in the permit that the permittee is responsible for all monitoring until the renewal permit is issued. See Footnote I of Tables 1, 4, and 5. This approach is recommended because there has been a significant lag time since the expiration of the previous cycle. This will provide testing if there is a lag in future timeframes. 2. Benchmarks have been added to this draft permit. 3. All analytical monitoring has been set to semi-annually. 4. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall and event duration parameters are in this permit, however.) (There was no flow requirement in the previous permit.) 5.. The permittee is required to collect -all of the analytical monitoring samples during representative storm -events as defined in this permit. Qualitative monitoring does not have to be performed during a representative storm event. D n 6. If there is a site visit, determine if it is reasonable to also require them to test water that they dischar e from the swales using gas chromatograp y. The previous permit (Part II, page 2 of 6) required only visual observation of anything leaving secondary containment. These pollutants are likely dissolved and not visible. They should have to summarize and keep these records onsite with their SPPP. LAdd this to the permit). Other Proposed Changes to the Previous Permit: 1. Part II Section A has been revised. It now specifies all of the items to include on the site map. 2. Vehicle maintenance has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. 3. The perntittee must use Form SWU-242-020705 (or other as amended) for qualitative monitoring. Discussions with permittee: Hugh Croom, 910.371.0993, 27 February 2007. 1. The application says that, "The pond located in the southwest comer of the plant is used in the event that Tank 23, the rainwater holding tank, is full." Additionally, "When filled, the contents of Tank 23 will be tested for contaminants. If clean and needed in the current distillation process, the rainwater will be pumped into the cooling tower as make up water... In the event that the tested contents of Tank 23 indicate contamination, it will be transferred off site to a properly permitted treatment and disposal facility." I am concerned about what happens when Tank 23 is full of contaminated water, and flows to the pond in the southwest corner. This pond has a valve connecting it to a swale that drains offsite. If contaminated water gets into this pond, how is it removed other than draining ofsite? a. ANSWER: Water from the pond is pumped to the cooling water tower and re -used. This pond was able to contain the water from Hurricane Floyd without having to drain to the swales. 4 NCS000244 2. This facility has two "infiltration swales" for "emergency conditions", and the facility is in an extended shutdown if a "major rainfall" occurs. "The tank farm and plant swale is designed to discharge 7.44 inches of rainfall within fiveday periods... The fuel tank swale... will discharge 7.44 inches of rainfall in one day." The secondary containment can hold 15 inches of rainfall storage and is discharged into the lined swales only after testing for contaminants. If the facility can distill secondary containment water onsite, it will. Otherwise it will be shipped offsite. Discharge data from the swales will be kept onsite for 5 years. [The permit requires a minimum of a visual inspection for the secondary containment for color, foam, outfall staining, visible sheens and dry weather overflow. Records (the person's name, stormwater description, date/time of release) must be kept for five years (Part 11 page 2 of 6)j. You have containment for 15 inches of rainfall storage for your secondary containment, does this mean 15 inches of containment around the entire drainage area, or that your secondary storage drains to an area that has only 15 inches of storage? (If so, then the facility may not contain the 9.03-inches of 25-year storm.) a. ANSWER: The application may say 15 inches, but it is actually much greater. The water collects at the bottom of a slope. The containment wall there is probably 2-3 feet. b. NOTE: If there is an onsite inspection, ask t see t e seconda containment a erwork so that we can etermine what ' icall dischar ed. (Hurricanc Floyd was more than 5 years ago, and wil l no longer be on file.) 3. Your application says that you use gas chromatography (GC) to determine contaminants to the swales, and that water won't discharge there if it is contaminated. What constitutes "contaminated"? a. ANSWER: The presence of VOCs constitutes -contaminated" water. If the water has any VOCs, then it can not go to the cooling tower. It is sent to the air stripper. The facility has an air permit to discharge 100 tons/year of VOCs from the air stripper. - - 4. - How'is-the water inspected -from -the -tank farm and plant,pad/distillation area? — - - - - a. ANSWER: GC is used to identify VOCs from these areas as well. 5. What happens to the water from the boiler area? a. ANSWER: This water is highly alkaline, and it is used to neutralize the stripping system. This water is always used in the stripping system, and. never goes to Tank 23. kCS000244 Recommendations: Based on the documents reviewed, the application information first submitted on July 9, 2004 and revised on October 13, 2004 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date 5 Stormwater Permitting Unit Supervisor Date -6- �'farc� 2ca� Concurrence by Regional Offs a Date_ Water Quality Supervisor Date 2-41 2 60-7 Regional Office Staff' Comments 1, N 4x� w 411111 c 1 �.^ Cr n , ti - -- -- - - n - - - -• - 1 I i' a s• 1 i / • r a 6 k]�.Cl. _k,rL�e tt-I Permit No. 07627R08 Page 3 A. SPECIFIC CONDITIONS AND LIMITATIONS 1. Any air emission sources or control devices authorized to construct and operate above must be operated and maintained in accordance with the provisions contained herein. The Pemuttee shall comply with applicable Environmental Management Commission Regulations, including Title 15A North Carolina Administrative Code (NCAC), Subchapter 2D .0202, 2D .0503, 2D .0516, 2D .0521, 2D .0524 (40 CFR 60 Subpart Kb), 2D .0535, 2D .0540, 2D .0611, 2D .1806, and 2Q .0315. 2. .EMISSION INVENTORY REQUIREMENT - At least 90 days prior to the expiration date of this permit, the Permittee shall submit the air pollution emission inventory report in accordance with 15A NCAC 2D .0202, pursuant to N.C. General Statute 143 215.65. The report shall be submitted to theRegional Supervisor, DAQ. The report shall document air pollutants emitted for the 2013 calendar year. The Regional Office will send information on how to submit the emissions inventory, along with a reminder to renew your permit, about six months prior to your permit expiration. -If you do not receive this information, please contact the Regional Supervisor, DAQ. 3. PARTICULATE CONTROL REQUIREMENT -As required by 15A NCAC 2D .0503 "Particulates from Fuel Burning Indirect Heat Exchangers, particulate matter emissions from the fuel burning indirect heat exchangers shall not exceed the allowable emission rates listed below: Source i Emission Limit bs/m_i_ltio_ n_ _ Btu) n ) one natural gas/No. 2/No. 6 fuel oil -fired boiler (200hp / 8.37 0.44 MM Btu/hr heat input, ) ES 100 � w one natural gas/No. 2/No. 6 fuel oil -fired boiler (200hp / 8.37 MM Btu/hr heat input, ES200) 0.44 ,I one natural gas/No. 2/No. 6 fuel oil -fired boiler (200hp / 8.37 i 0.44 r -MM Bft /hr heat input, ES300) one natural gas/No. 2/No. 6 fuel oil -fired boiler (200hp / 8.37 0.44 MM Btu/hr heat input, ES400) -- - - 4. SULFUR DIOXIDE CONTROLREQUIREMENT -As required by 15A NCAC 2D .0516 "Sulfur Dioxide Emissions from Combustion Sources," sulfur dioxide emissions from the combustion sources shall. not exceed 2.3 pounds per million Btu heat input. 5. VISIBLE EMISSIONS CONTROL REQUIREMENT - As required by 15A NCAC 2D .0521 "Control of Visible Emissions," visible emissions from the emission sources, manufactured after July 1, 1971, shall not be more than 20 percent opacity when averaged over a six -minute period, except that six -minute periods averaging not more than 87 percent opacity may occur not more than once in any hour nor more than four times in any 24-hour period. However, sources which must comply with 15A NCAC 2D .0524 "New Source Performance Standards" or . 1110 "National Emission Standards for Hazardous Air Pollutants" must comply with applicable visible emissions requirements contained therein. Permit No. 07627R08 . Page 4 6. 15ANCAC 2D .0524 "NEW SOURCE PERFORMANCE STANDARDS" - For the following VOC Storage Tanks (ID Nos. 2, 4, 7, 18, 19, 21, 37, 38, 42, 43, 44, 45, 46, 48, 55, and 57), the Permittee shall comply with all applicable provisions, including the notification, testing, reporting, recordkeeping, and monitoring requirements contained in Environmental Management Commission Standard. I5A NCAC 2D .0524 "New Source Performance Standards" (NSPS) as promulgated in 40 CFR 60, Subpart Kb indicated below, and including Subpart A "General Provisions." a. keep readily accessible records showing the dimension of each storage vessel and an analysis showing the capacity of each storage vessel for the life of each vessel. b. all records required under this section shall be maintained by the owner or operator of the affected source for the life of the source. 7. NOTIFICATION REQUIREMENT -As required by 15A NCAC 2D .0535, the Permittee of a source of excess emissions that last for more than four hours and that results from a malfunction, a breakdown of process or control equipment or any other abnormal conditions, shall: a. Notify the Director or his designee of any such occurrence by 9:00 a.m. Eastern time of the Division's next business day of becoming aware of the occurrence and describe: i. the name and location of the facility, ii. the nature and cause of the malfunction or breakdown, iii. the time when the malfunction or breakdown is first observed, iv. the expected duration, and V. an estimated rate of emissions. b. Notify the Director or his designee immediately when the corrective measures have been accomplished. This reporting requirement does not allow the operation of the facility in excess of Environmental Management Commission Regulations. 8. FUGITIVE DUST CONTROL REQUIREMENT _ As required by 15A NCAC 213.0540 "Particulates from Fugitive Dust Emission Sources," the Permittee shall not cause or allow fugitive dust emissions to cause or contribute to substantive complaints or excess visible emissions beyond the property boundary. If substantive complaints or excessive fugitive dust emissions from the facility are observed beyond the property boundaries for six minutes in any one hour (using Reference Method 22 in 40 CFR, Appendix A), the owner or operator may be required to submit a fugitive dust plan as described in 2D .0540(f). "Fugitive dust emissions" means particulate matter from process operations that does not pass through a process stack or vent and that is generated within plant property boundaries Permit No. 07627R08 Page 5 from activities such as: unloading and loading areas, process areas stockpiles, stock pile working, plant parking Iots, and plant roads (including access roads and haul roads). 9. ENCLOSED FLARE REQUIREMENTS - As required by 15A NCAC 2D .0611, VOC emissions shall be controlled as described in the permitted equipment list. a. Inspection and Maintenance Requirements - To comply with the provisions of this permit and ensure that emissions do not exceed the regulatory limits, the Permittee shall perform periodic inspections and maintenance (I&M) on the enclosed flare (ID No. CD-100) as recommended by the manufacturer. As a minimum, the Permittee shall perform an annual internal inspection. to ensure structural integrity. b. Recordkeeping Re uirements - The results of all inspections and any. variance from manufacturer's recommendations or from those given in this permit (when applicable) shall be investigated with corrections made and dates of actions recorded in a Iogbook. Records of all maintenance activities shall be recorded in the logbook. The logbook (in written or electronic format) shall be kept on -site and made available to DAQ personnel upon request. 10. CONTROL AND PROHIBITION OF ODOROUS EMISSIONS - As required by 15A NCAC 2D .1806 "Control and Prohibition'of Odorous Emissions" the Permittee shall not operate the facility without implementing management practices or installing and operating odor control equipment sufficient to prevent odorous emissions from the facility from causing or contributing to objectionable odors beyond the facility's boundary.. 11. LIMITATION TO AVOID 15A NCAC 20.0501 - Pursuant to 15A NCAC 2Q .0315 "Synthetic Minor Facilities," to avoid the applicability of 15A NCAC 2Q .0501 "Purpose of Section and Requirement for a TV Permit," as requested by the Permittee, facility -wide emissions shall be less than the following: Pollutant mission Limit (Tons per consecutive 12-month period) S02 100 VOC 100 Individual HAPs 10 Total HAPs 25 a. Operations Restrictions - To ensure emissions do not exceed the limitations above, the following restrictions shall apply: i. The amount of No. 6 fuel oil burned shall be less than 700,000 gallons per consecutive 12 month rolling periods. ii. The enclosed flare (ID No. CD-100) shall be operated simultaneously with all air stripping operations (ID No. ES -Air Stripper). See item (e.) below for enclosed flare testing, monitoring, recordkeeping and reporting requirements. Permit No. 07627R08 Page b b. Monitoring Requirements - To ensure emissions do not exceed the limitations above, the following restrictions shall apply: i. Perform laboratory analysis on each incoming shipment. Analysis shall identify and quantify all constituents including VOCs, HAPs, and TAPS. Each shipment shall be weighed on certified scales. ii. Perform.sampling and analysis of each batch to be treated in the air stripper prior to treatment. Analysis shall completely identify and quantify all constituents including VOCs, HAPs, and TAPs. iii. Measure quantity of each batch treated in the air stripper using both tank gauging and in -line totalizing flow meters. iv. Perform monthly summaries of the batches treated to include concentrations and quantities of all constituents. The summaries shall include total amounts treated for each HAP/TAP and a total of VOCs treated for compliance with the emission limits. v. Samples of each incoming shipment of liquid for processing shall be kept on -site for a -period of 18 months to allow DAQ to verify the analysis performed above. vi. Periodically, under the supervision of DAQ and per DAQ's request, independent laboratory analysis of split samples of the batches will be performed at the Permittee's expense to verify compliance. c. Recordkeeping Requirements — The following recordkeeping requirements shall apply: i. Maintain Bills of Laden for all material shipments, incoming and outgoing. ii. Records of all the above parts a., b., and c., and all reports submitted in item d. below shall be maintained on -site for a minimum of three years, and made available for inspection upon DAQ request. d. Reporting Requirements - Within 30 days after each calendar year quarter, regardless of the actual emissions, the Permittee shall submit the following to the Regional Supervisor, DAQ, in writing: i. The amount of No. 5 fuel oil burned for the previous 12-month rolling period. Three (3) 12-month total values shall be submitted. ii. The VOC and HAP emissions from the facility for the previous 12- month rolling period. Report the total VOCs, the total HAPs, and individual HAPs. Three (3) 12-month total values shall be submitted for each. Permit No. 07627R08 Page 7 e. Enclosed Flare Testing)Monitoring/RecordkeepinglReporting Requirements - The Permittee shall install, calibrate, operate, and maintain a continuous temperature monitor (in degrees F) for the enclosed flare (ID No. CD-100). i. Testing Requirements - Under the provisions of North Carolina General Statute 143- 215.108 and in accordance with 15A NCAC 2D .0605, the Permittee shall conduct testing of the enclosed flare (11) No. CD-100) as follows: A. An initial performance test of the enclosed flare shall be conducted within 90 days of startup to determine the destruction efficiency and the minimum operating temperature of the enclosed flare (ID No. CD-100). B. At least 45 days prior to performing any required emissions testing, the Permittee must submit a testing protocol to the Regional Supervisor, DAQ for review and approval. All testing protocols must be approved by the DAQ prior to performing such tests. C. At a minimum, the initial performance test shallrecordthe monitored temperature at least every 5 minutes to determine the minimum operating temperature. D. To afford the Regional Supervisor, DAQ, the opportunity to have an observer present, the Permittee shall PROVIDE the Regional Office, in WRITING; at least 15 days notice of any required performance test(s). E. Two copies of the test results must be submitted to the Regional Supervisor, DAQ, in accordance with the approved procedures of the Environmental Management Commission within 30 days of the test'date. F. The source shall be responsible for ensuring, within the limits of practicality, that the equipment or process being tested is operated at or near its maximum normal production rate, or at a lesser rate if specified by the Director or his delegate. G. All associated testing costs are the responsibility of the Permittee. ii. Monitoring Requirements - Under the provisions of North Carolina General Statute 143-215.108 and in accordance with 15A NCAC 2D .0611, the Permittee shall conduct monitoring of the enclosed flare (ID No. CD-100) as follows: A. The temperature monitor shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs. B. The temperature of the firebox shall be continuously monitored during operation of the enclosed flare. C. The temperature monitor shall be operated and maintained according_ to the manufacturers recommendations. Permit No. 07627R08 Page 8 iii. Recordkeeping Requirements - Under the provisions of North Carolina General Statute 143-215.108 and in accordance with 15A NCAC 2D .0605, the Permittee shall conduct recordkeeping as follows: A. Calibrations, downtime, and maintenance activities for the temperature monitor shall be recorded either electronically or in a logbook. Operational times (including the beginning of all startups and shutdowns) shall be recorded (either electronically or in a logbook) for both the air stripper (ID No. ES -Air Stripper) and the enclosed flare (ID No. CD-100) each day. B. Monitored temperatures shall be recorded (either electronically or in a logbook) at a minimum of every 15 minutes and averaged hourly and daily during operation of the air stripper (ID No. ES -Air Stripper). Valid data points (data points greater than or equal to the minimum required temperature during normal operation) must be available for 75 percent of the operating hours'in an operating day to compute the daily average. C. The Permittee shall record (either electronically or in a log book) each instance that the daily average temperature (of the hourly averages) is less than the minimum temperature established by the initial performance testing, including the cause of any daily excursion below the minimum temperature. D. Each "day" constitutes a 24-hour period beginning at I 2am. The daily average must cover a 24-hour period if air stripper operation is continuous, or the number of hours of operation per day if the air stripper operation is not continuous. E. The Permittee shall calculate the daily VOC and HAP emissions from the enclosed flare using the percent destruction efficiency determined by the initial performance test as follows: (Air Stripper Emissions/day) x Q00 — % Destruction Efficiency)) = Daily emissions 100 F. For the purposes of calculating emissions for comparison to the Synthetic Minor Limit, if the monitoring and recordkeeping requirements above are not met, or if the daily average of the monitored temperature falls below the minimum operating temperature during operation of the air stripper (ID No. ES -Air Stripper), the Permittee shall be given no credit for VOC and HAP emissions reduction by the enclosed flare for that day. G. All records shall be kept on site for a minimum of 3 years and made available to DAQ upon request. iv. Reporting Requirements - Under the provisions of North Carolina General Statute 143- 215.108 and in accordance with 15A NCAC 2D .0605, the Permittee shall submit reports as follows: Permit No. 07627R08 Page 9 A. Written notification of the startup date of the enclosed flare (ID No. CD-100) shall be provided to -the Regional Air Quality Supervisor, Division of Air Quality within 15 days -of the startup date of the unit. B. Within thirty (30) days after each calendar year ug arier, the Pemuttee shall report to the Regional Air Quality Supervisor, Division of Air Quality: The results of the daily average temperature monitoring including the total days and hours per day of operation, for each month. 2. The calculated VOC and HAP emissions per day using the allowed reduction credit from the enclosed flare operation, for each month. 3. The calculated 12-month roiling averages for the VOC and HAP �= emissions from' item (Z) above. Report the total VOCs, the total HAPs, and individual HAPs. Three (3) 12-month total values shall be submitted for each. 4. The days of operation below the minimum operating temperature including the cause of the. excursion, per month. C. The Permittee shall keep each report on file for a minimum of three (3) years. B. GENERAL CONDITIONS AND LIMITATIONS 1. REPORTS, TEST DATA, MONITORING DATA, NOTIFICATIONS. AND REQUESTS FOR RENEWAL shall be submitted to the: Regional Air Quality Supervisor North Carolina Division of Air Quality Wilmington Regional Office 12.7 Cardinal Drive Extension Wilmington, NC 28405 (910)796-7215 2. RECORDS RETENTION REQUIREMENT - Any records required by the conditions of this permit shall be kept on site and made available to DAQ personnel for inspection upon request. These records shall be maintained in a form suitable and readily available for expeditious inspection and review. These records must be kept on site for a minimum of 2 years, unless another time period is otherwise specified. 3. PERMIT RENEWAL REQUIREMENT - The Permittee, at least 90 days prior to the expiration date of this permit, shall request permit renewal by letter in accordance with 15A NCAC 2Q ,0304(d) and (f). Pursuant to 15A NCAC 2Q .0203(i), no permit application fee is required for renewal of an existing air permit. The renewal request should be submitt-ed to the Regional Supervisor, DAQ. Permit No. 07627R08 Page 10 4. ANNUAL FEE PAYMENT - Pursuant to 15A NCAC 2Q .0203(a); the Permittee shall pay the annual permit fee within 30 days of being billed by the DAQ. Failure to pay the fee in a timely manner will cause the DAQ to initiate action to revoke the permit. 5. EQUIPMENT RELOCATION - A new air permit shall be obtained by the Permttee prior to establishing, building, erecting, using, or operating the emission sources or air cleaning equipment at a site or location not specified in this permit. 6. This permit is subject to revocation or modification by the DAQ upon a determination that information contained in the application or presented in the support thereof is.incorrect, conditions under which this permit was granted have changed, or violations of conditions contained in this permit have occurred. The facility shall be properly operated and .. maintained at all times in a manner that will effect an overall reduction in air pollution. Unless otherwise specified by this permit, no emission source may be operated without the concurrent operation of its associated air cleaning device(s) and appurtenances. 7. REPORTING REQUIREMENT - Any of the following that would result in previously unpermitted, new, or increased emissions must be reported to the Regional Supervisor, DAQ: a. changes in the information submitted in the application regarding facility emissions; b. changes that modify equipment or processes of existing permitted facilities; or c. changes in the quantity or quality of materials processed. If appropriate, modifications to the permit may then be made by the DAQ to reflect any necessary changes in the permit conditions. In no case are any new or increased emissions allowed that will cause a violation of the emission limitations specified herein. 8. This permit is nontransferable by the Permittee. Future owners and operators must obtain a new air permit from the DAQ. 9. This issuance of this permit in no way absolves the Permittee of liability for any potential civil penalties which may be assessed for violations of State law which have occurred prior to the effective date of this permit. 10. This permit does not relieve the Permittee of the responsibility of complying with all applicable requirements of any Federal, State, or Local water quality or land quality control authority. 11. Reports on the operation and maintenance of the facility shall be submitted by the Permittee to the Regional Supervisor, DAQ at such intervals and in such form and detail as may be required by the DAQ. Information required in such reports may include, but is not limited to, process weight rates, firing rates, hours of operation, and preventive maintenance schedules. Permit No. 07627R08 Page 1 I 12. A violation of any term or condition of this permit shall subject the Permittee to enforcement pursuant to G.S. 143-215.114A, 143-215.11413, and 143-215.114C, including assessment of civil and/or criminal penalties. 13. Pursuant to North Carolina General Statute 1.43-215.3(a)(2), no person shall refuse entry or access to any authorized representative of the DAQ who requests entry or access for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties. Refusal of entry or access may constitute grounds for permit revocation and assessment of civil penalties. 14. The Permittee must comply with any applicable Federal, State, or Local requirements governing the handling, disposal, or incineration of hazardous, solid, or medical wastes, including the Resource Conservation and Recovery Act (RCRA) administered by the Division of Waste Management. 15. PERMIT RETENTION REQUIREMENT - The Permittee shall retain a current copy of the air permit at the site. The Permittee must make available to personnel of the DAQ, upon request, the current copy of the air permit for the site. 16. CLEAN AIR ACT SECTION I I2(r) REQUIREMENTS - Pursuant to 40 CFR Part 68 "Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)," if the Permittee is required to develop and register a risk management plan pursuant to Section 112(r) of the Federal Clean Air Act, then the Permittee is required to register this plan in accordance with 40 CFR Part 68. 17. PREVENTION OF ACCIDENTAL RELEASES - GENERAL DUTY - Pursuant to Title I Part A Section 1 I2(r)(1) of the'Clean Air Act "Hazardous Air Pollutants - Prevention of Accidental Releases - Purpose and General Duty," although a risk management plan may not be required, if the Permittee produces, processes, handles, or stores any amount of a listed hazardous substance, the Permittee has a general duty to take such steps as are necessary to prevent the accidental release of such substance and to minimize the consequences of any release. This condition is federally -enforceable only. Permit No. '07627R08 Page 12 18. GENERAL EMISSIONS TESTING AND REPORTING REQUIREMENTS - If emissions testing is required by this permit, or the DAQ, or if the Permittee submits emissions testing to the DAQ in support of a permit application or to demonstrate compliance, the Permit -tee shall perform such testing in accordance with 15A NCAC 2D '.2600 and follow all DAQ procedures including protocol approval, regional notification, report submittal, and test .results approval. Permit issued this the 22 h of July, 2010. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Brad Newland Regional Air Quality Supervisor By Authority of the Environmental Management Commission Air Permit No. 07627R08 Industrial User Wastewater Survey & Permit Application . 7. Does production vary significantly (+- 20 %) by season. Describe. Yes No X 8. Are any significant (+- 20 %) changes in production that will affect wastewater discharge expected in the next 5 years. if yes, please describe. Yes No X 9. List all current waste haulers. Give name, address, phone numbers, volume and materials hauled off. HAZMAT ENVIRONMENTAL - 60 Commerce Drive, Buffalo, NY 14218 — 716.827.7200 — 35,9801bs Octane Oligimers STAT INC. - NCD880798142 (Hauler ID No.) — 50,820 Ibs Mixed Alcohols FREEHOLD CARTAGE INC. — P.O. Box 5010, Freehold, NJ 07728 — 732.462.1001 - 78401bs Mixed Alcohols SUMTER —170 S. Lafayette, Sumter, SC 29150 — 800, 479. 7496 — 478,750 lbs Mixed Alcohols INDUSTRIAL WASTE SERVICES — 755 Industrial Blvd, Sumter, SC 29150 — 803. 436. 5600 -- 5,300 lbs Mixed Alcohols SOUTHERN TRANSPORT - P.O. Box 70, Holly Hill, SC 29059 — 803.496.1800 — 22, 060 lbs Mixed Alcohols TRIAD TRANSPORT — P.O. Box 818, McAlester, Ok 74502 — 800.364.1139 -- 24, 500 lbs 'Octane Oligimers ENVIRONMENTAL OPTIONS, IN 720 Energy Blvd, Rocky Mount, VA 24151 — 540.483.3920 — 8001bs Mixed Alcohols MA UMEE EXPRESS INC. — 50 Howard St., Piscataway, NJ 08854 — 732.424.8441- 4001hs Mixed Alcohols Title: Ill Wastewater Survey & Permit Application File name: C:\0=wxnls and Seitinp\Ruegr.BRIAMMy DocumevoNy Duamr lSN&NP DIIABI-SN&I[3P application-hA ssftW Wastewater Industrial User Wastewater Survey & Permit Application • 10. Attach a co of laboratory analyses performed in the last year on the wastewater PY rY Y P Y discharge(s) from your facilities. Summarize data on the attached Data Summary Form, See Attached Data Summary Form. 11. Attach sketch or schematic showing sampling points and all connections to the sewer. Not currently connected to sewer. The sampling was taken from the discharge from the air stripper. 12. Complete the Wastewater Pollutants Checklist attached to this Survey. Title: IU Wastmatear Survey & Permit Application File nme: C:IAocauneets and SettinpalRueger.BRIANWy DoanenlslMy DmmeMISN&WP1ADAADI-SIUMUP applicati—hWusMal Wastewater s • Industrial User Wastewater Survey & Permit Application 13. Do you have, or have you ever applied for, been issued, or been denied an NPDES permit to discharge to the surface waters or storm sewers of North Carolina? If yes, fist all other NPDES permits, permit numbers, dates, and names used to apply for them, or reason denied If yes: Permit , #, date, applicant name NPDES, NCS000244, 9/1/07, American Disiiiiativn, Inc. If yes: Permit, #, date, applicant name NPDES, NCG500148, 02101107, American Distillation, Inc. Yes X No 14, Do you have, or have you ever applied for or been issued an Industrial User Pretreatment Permit (IUP) to discharge wastewater to the sewer collection system. If yes, list all other IUP permits, permit numbers, dates, and names used to apply for them. If yes: Permit , #, date, applicant name If yes: Permit, #, date, applicant name Yes No X 15. Do you have, or have you ever applied for or been issued any other Environmental Permits (for example; air, RCRA, groundwater, stormwater, general, Non -Discharge, septic tank, etc.). If yes, list all other permits, pernut numbers, dates, and names used to apply for thi If yes: Permit type, #, date, applicant name Air, 07627R06, 12a/08, American Distillation, Inc. If yes: Permit type, #, date, applicant name Stormwaler, SW8 930501, 09/17M modified, American Distillation, Inc. If yes: Permit type, #, date, applicant name ;m. Yes X No 16. Is a Spill Prevention Control and Countermeasure (SPCC) Plan prepared for this facility? 17. Is a Spill /Slug Control Plan required by the POTW, prepared for this facility? Yes X No Yes X No Title: 1U Wastewater Survey & Permit Application File name: C:IDoonnents and SettmpXRueger.BR1AN1My Dommaft\My Documents\SlU&..ICIPIADRADI-SRJ&R!P application-hubrstrial Wastewater �_ I • Industrial User Wastewater Survey & Permit Application 18. Do you have any underground storage tanks at your facility? If yes, list contents and volume of each tank. Yes No K 19. Do you have any above ground storage tanks at your facility? If yes, for each tank, list the contents, volume, whether the tank has any spill prevention or containment devices, such as dikes, and procedures for draining any containment devices. Yes # of Tanks 80 *Note: Tanks are being added from High Rise Service Co. over the next No six to eight months. An updated tank list and layout will be provided at the time of completion. 'title: IU Wastewater Survey & Permit Application File name: CA3ocmnents and ScttinSs\Rueger.HRIAM My Docunwnta1My DaamurrdsV4IU&IUPIADr ADI-SIU&iUP appticatioerincius ria1 Wastewater Industrial User Wastewater Survey & Permit Application PART II, Water Su 1 , Use, & Disposal Worksheet: 2. 3, 4. 5. 6. 9. Water Used for: Water Source(s) Avg. gal/day Max. gal/day M a a s u re d E st i m at a d Disposal Method(s) Avg. gallday Max. gallday -M a a s u re d E st i m at e d Process water Washdown water Water into product Air Quality Permitted units Domestic - toilets, drinking, cafd Cooling water, Process NON -Contact Boiler / Cooling tower blowdown Cooling water, HVAC Other: (see Source List below) (see Disposal List below) County water 10,000 155000 X Water into Product X County water 100 125 X Septic Tank 100 125 X Private Well 2,000 20,160 X Surface waters of NC 2000 20160 X Totals => 12,100 35,285 Totals => 2,100 20,285 Typical Water Sources; 1. City / Public supply 2. Private wells, drinking 3. Groundwater remediation wells 4. Private ponds 5. Surface waters of NC, please identify 6. Include others if applicable Possible Water Disposal Methods 1. Sanitary sewer, with pretreatment 2. Sanitary sewer, without pretreatment 3. Storm sewer 4. Surface waters of NC 5. Evaporation 6. Land applied 7. To groundwater 8. Septic Tank 9. Waste Haulers (identify) 10. Water into Product Title: Ill Wastewater Survey & Permit Application File name: C:\DocumemjgWcttingB\Rueger-BRIAMMy DocumentslMy Documents\SIU&IUPuADf1AD1-SIU&ILT appl-Industrial Wastewater Survey.doc • Revision date: 12/30/97 Page 7 of 208 11. Include others, if applicable Title: IU Wastewater Survey & Permit Application File name: CADocuments aW SettingslRueger.BRIAMMy DocumentsWy Documents%SIU&IUPADI\ADI-SIU&IUP appli on -Industrial Wastewater Survey.doc Revision date: 12/30/97 Page 8 of 208 PART III, PRETREATMENT FACILITIES: Are there any pretreatment devices or processes used for treating wastewater • before being discharged to the sewer? Check all that are present, and describe. No pretreatment facilities => 1 • Flow equalization Aerated equalization => NON -Aerated equalization => Total volume of equalization (million gal.) => 2. Activated Carbon Yes No X Describe any, if present. 3. Activated Sludge Yes No X 4. Air Stripping Yes X No 5. Centrifugation Yes No X 6. Chemical Precipitation Yes No X 7. Chlorination Yes No X 8, Cyanide Destruction Yes No X 9. Cyclone Yes No X 10. Dissolved Air Floatation Yes No X 11. Filtration Yes No X 12. Flocculation Yes No X 13. Grease Trap Yes No X 14. Grit Removal Yes No X 15. ion Exchange Yes No X 16. Neutralize, pH adjust Yes No X 17. Other Biological Treatment Yes, No X 18. Ozonation Yes No X 19. Reverse Osmosis Yes No X 20. Screening Yes No X 21. Sedimentation Yes No X 22. Septic Tank Yes No X 23. Silver Recovery Yes No X 24. Solvent Separation Yes No X 25. Spill protection Yes No X List any others. Oil/Water Separation; Extended Aeration Plant Title: iU Wastewater Swvey & Permit Application File name. C-.Ukw m= is and SettinpMuegef.BktAMMy DoonnentsNy DmwneutstiSIU&IUP1ADi1ADISIU&IUP application-Irtdtm4 al Wastewater Pj PART IV, CATEGORICAL INFORMATION: 1. When were operations started at this facility Facility start up date 01/01/1994 2. List all Standard Industrial Classification (SIC) codes for your facility. These may be found on State Unemployment forms, tax forms, accounting records, or from the Chamber of Commerce. NAIC S 325199 325193 3. Has this facility ever been considered a Categorical Industrial User (CIU) as described by the Code of Federal Regulations (40 CFR)? If yes, give complete 40 CFR number => No X 4. Are any other facilities owned and/or operated by your company permitted as Categorical Industrial Users (CIUs) as described by the Code of Federal Regulations (40 CFR)? If yes please give name(s), location, and 40 CFR number. Yes No X Title: iU Wastewater Survey & Permit Application File name: C:IDocunwnts and SettingslRuegmBRIAMMy DocumwbWy Docum=t XSlu&RJP1ADF ADI-SN&iUP application -Industrial Wastewater • • PART IV, CATEGORICAL INFORMATION: (continued) 5. Check any activities listed below that are performed at your facility: Check 40 Industrial Activity Check 40 Industrial Activity below CFR# below CFR# 467 Aluminum Forming 427 Asbestos Manufacturing 461 Battery Manufacturing 431 Builders paper & board milts 407 Canned & preserved fruits & veg. 408 Canned & preserved seafood 458 Carbon black Manufacturing 411 Cement Manufacturing 437 Ccntralized Waste Treatment 434 Coal Mining 465 Coil Coating 468 Copper Forming 405 Dairy products processing 469 Electrical, electronic components 413 Electroplating 457 Explosives Manufacturing 412 Feedlots 424 Ferro allay Manufacturing 418 Fertilizer Manufacturing 464 Foundries, Metal Mold & Casting 426 Glass Manufacturing 406 Grain mills 454 Gum & Wood Chemicals Mfg, 460 Hospitals 447 Ink formulating 415 Inorganic chemical Manufacturing 420 Iron & Steel Manufacturing 425 Leather Tanning & Finishing 432 Meat products 433 Metal finishing 464 Metal molding and casting 436 Mineral mining and processing 471 Nonferrous Metal, Form & Powders 421 Nonferrous Metals Manufacturing 414 OCPSF. Organic Chemicals, Plastics, & Synthetic Fiber Manufacturing 435 Oil & gas extraction 440 Ore mining and dressing 446 Paint formulating 443 Paving and roofing materials Mfg. 455 Pesticide Manufacturing 419 Petroleum Refining (recycling) 439 Pharmaceutical Manufacturing 422 Phosphate Manufacturing 459 Photographic supplies 463 Plastics molding and forming 466 Porcelain enameling 430 Pulp, paper, and paperboard 428 Rubber Manufacturing 417 Soap & Detergent Manufacturing 423 Steam Electric power Generation 409 Sugar processing 410 Textile Mills 429 Timber products processing 442 Transportation Equipment Cleaning Others Organic chemical recycling X X Title: IU Wastewater Survey & Permit Application File name: C:IDocamments and SettingAltueger.13RIAN134ty Docauna tsWy EkK: mmenls\SIU&RiP1ADIL4D1-SIU&IUP application -Industrial Wastewater • 0 Wastewater Pollutant Checklist Chemical Name EPA Check if Check if Check if Check if Concentration Storet Present at Absent at Present in Absent in in Discharge, Code Facility Facility Discharge Discharge if Known m Acid Extractable Organics 2-Chloronhenol 34586 2.4-Dichlorophenol 34601 X X 2.4-Dimethvlphenol 1 34606 X X 2.4-Dinitronhenol 34616 X X 2-MethA 4.6-dinitronhenol 34657 X 4-Chloro-3-methvinhenol 34452 X 2-Nitrophenol 34591 X 4-Nitronhenol 34646 X Pentachloronhenol 39032 X X Phenol 34694 X X 2.4.6-Trichlorophenol 34621 X X Base Neutral Organics 1.2.4-Trichlorobenzene 34551 X X 1.2-Dichlorobenzene 34536 xX 1.2-Diohenvihvdrazine 34346 X X 1.3-Dichlorobenzene 34566 xX 1.4-Dichlorobenzene 34571 X 2.4-Dinitrotolucne 34611 2-6-Dlnitrotoluene 34626 xX 2-Chloronaphthatene 34581 x X 3,3-Dichlorobenzidine 3463 t X X 4-Bromophenyl phenyl ether 34636 X X 4-Chlorophenyl phenyl ether 34641 X X Acenaphthene 03405 X X Acamphthylene 34200 X X Anthl'acene 34220 X X Benzidine 39120 X x Benzo (a) anthracene 34526 x X Benzo (a) pyrene 34247 X X Benno (b) fluoranthene 34230 X X Benno (ghi) perylene 34521 X X Benno (k) fluoranthene 34242 x X Bis(2-chlorocthoxy) methane 34278 X X Bis(2-chloroethyl) ether 34273 X X Bis(2-chloroisopropyl) ether 34283 X X Bis(2-ethylhexyl) phthalate 39100 X X Butyl benzyl phthalate 34292 X X Chrysene 34320 x X Di-n-butyl phthalate 39110 X X Title: lu Wastma+cr Survey & Permit Application File name: C:1Docttments and Sc tings\Rueger.BR1ANIMy DocumentslMy DocumentslSrU&IUP1AD11ADI-SIU&IUP application -Industrial Wastewater 0 0 Wastewater Pollutant Checklist Chemical Name EPA Check if Check if Check if Check if Concentration Storet Present at Absent at Present in Absent in in Discharge, Code Facility Facility Discharge Discharge if Known m Base Neutral Organics (continued) Di-n-octyl phthalate 34596 X X Dibenza a,h anthracene 34556 X X Diethyl phthalate 34336 X X Dimeth I phthalate 34341 X X Fluoranthene 3A376 X X Fluorene 34381 X X Hexachlorobenzene 39700 X X Hexachlorobutadiene 34391 X X Hexachloroc clo entadiene 34386 X X Hexachloroethane 34396 X X indeno 1,2,3-cd) pyrene 34403 X X Iso horone 34408 X X N-nitroso-di-n- ro lamine 34428 X X N-nitrosodimeih famine 34439 X X N-nitrosodi hen lamine 34433 X X Naphthalene 34696 X X Nitrobenzene 34447 X X Phenanthrene 34461 X X jPyrene 34469 X X Metals Aluminum 01104 X Antimony 01097 X X Arsenic 01002 X X 0.002 Be 01012 X X Cadmium 01027 X X 0.001 Chromium 01034 X X 0.041 Copper 01042 X X 0.187 Lead 01051 X X 0.086 Mercury 719W X X 0.0002 Molybdenum 01062 X X Nickel 01067 X X 0.021 Selenium 01147 X X Silver R1Q77 X X 0.005 Thallum 00982 X X Zinc 01092 X X 0.404 Title: IU Wastewater Survey & Permit Application File name: C:1Documems and SettingslRueger.l3RI4N1My DowunemslMy Document\SlU&IUP\ADrADI-SIU&IUPapplication-Industrial Wastewater 0 • • Wastewater Pollutant Checklist Chemical Name EPA Check if Check if Check if Check if Concentration Storet Present at Absent at Present in Absent in in Discharge, Code Facility Facility Discharge Discharge if Known m Other Inorganics Barium 01007 x x Chloride 00940 xx Cyanide 00720 X X Fluoride 00951 x X Purgeable Volatile Organics 1.1. I-Trichloroethane 34506 X x 1,1.2.2-Tetrachloroethane 34516 xx 1.1.2-Trichloroethane 34511 X X 1.1-Dichloroethane 34496 X 1. I-Dichloroethvlcne 34501 X X 1.2-Dichloroedme 34531 X X 1.2-Dichloronronane 34541 x 2-Chloroethvl vinvi ether 34576 xx Acrolein 34210 AcrVlonitrlle 34215 Benzene 34030 X x Bromodichlorometllane 3210I X X Bromoform 32104 x Bromomethane 34413 x Carbon tetrachloride 32102 X X Chlorobenzene 34301 xx Chloroedme 34311 xx Chloroform 32106 x Chlorometime 34418 cis 1.3-Dichloronronene 34704 xx Dibromochloromed me 32105 xx Ethvlbenzene 34371 x X Methvlene chloride 34423 xX Tetrachloroethvlene 34475 xx Toluene 34010 xx trans 1.3-Dichlororo a 34699 trans-1.2-Dichloroethvlene 34546 x TrichloroethAene 39180 X X Trichlorofluoromethane 3+$88 T X X Vinvl chloride 39175 Others Xylene X X Total Toxic Organics X X BOD X X 1400 TSS X x 61 Title: IU Wastewater Survey & Permit Application File name: C:lDocutnenu and SettmslRueger_BRiAMMy DocumentsWy DocumentslSlU&IUP1ADIIADI-SIU&IUP application -Industrial Wastewater Data Summary Form <= Receiving POTW <= Receiving NPDES # <= Specific Sample Location! i.e., Give IU Name, IUP#, and/or pipe# Lab => Laboratory performing analysis => MDL => Laboratory Method Detection Limits => Notes => Notes => Q = Flow BOD TSS Ammonia Envirochem NA SM 5210 B Cone. Results from Lab < mg/l Envirochem NA SM 2540 D Cone. Results from Lab mg/l Envirochem NA EPA 350.1 Cone. Results from Lab c? mgll Sample ID, or Count Date Sample Collected Notes about Sample M = Metered E = Estimated mgd gal/day 1 01/26/09 E 2000 1400 61 2.3 2 3 4 5 6 7 8 9 10 11 12 etc TNS => Total number of samples => 1 1 Max. value => Maximum data value (mg/l) =>I 1400 61 Avg. (use 1/2 BDL) => Avg. data value, Include BDL values as 1/2 detection limit => 61 1 2.3 2.3 Title, lU Wastewater Survey & Permit Application File name: C:1Docum ettingslRueger.BRIAN\My DocumentslMy DocumentslSIU&AiP AD15ADl-SIU&IUP app�j�pn-Industrial Wastewater Survey.doc . Revision date: 12/30/97 ® Page 15 of 208 Lab => MDL => Notes => Sample Date Sample ID or Collected Count 01 /26/09 2 3 4 5 6 7 8 9 10 11 12 etc TNS => Max. Value => Avg. (usel/2 BDL) => Data Summary Form Receiving POTW Receiving NPDES # Specific Sample Location! e., Give 1U Name, IUP#, and/or pipe # Arsenic Envirochem NA EPA 200.9 Conc. Results from Lab mg/l 0.002 1 0.002 0.002 Envirochem NA EPA 200.7 Conc. Results from Lab < mgA 0.187 1 0.187 0.187 Chromium Envirochem NA EPA 200.7 Conc. Results from Lab < mg/l 0.041 1 0.041 0.041 Cadmium Envirochem NA EPA 200.7 Conc. Results from Lab <? mg/l < 0.001 1 0.00.1 0.001 Title: IU Wastewater Survey & Permit Application File name: C:1Documents ettinp\Rueger.BRIAN1My DocumentsWy DocumentsLSIU&FJPWDIIADI-SIU&IUP appl Industrial Wastewater Survey,doc Revision date: 12/30/97 Page 16 of 208 COD Envirochem NA SM 5220 D Conc. Results from Lab Copper Envirochem NA EPA 200.7 Conc. Results from Lab <? mg/l , < I mg/l 3540 0.197 1 3540 3540 1 0.187 0.187 Data Summary Form <= Receiving POTW <= Receiving NPDES # <= Specific Sample Location! i.e., Give IU Name, IUP#, and/or pipe # Lab => MDL => Notes => Cyanide Lead Mercury Nickel Silver Zinc Envirochem NA SM 4500 CN E Cone. Results from Lab < mg/l Envirochem NA EPA 200.7 Cone. Results from Lab < mg/l Envirochem NA EPA 245.1 Cone. Results from Lab < mg/l Envirochem NA EPA 200.7 Cone. Results from Lab c? mg/l Envirochem NA EPA 200.7 Cone. Results from Lab c? mgA Envirochem NA EPA 200.7 Cone. Results from Lab <? mg/l Sample ID or Count Date Sample Collected 1 01/26/09 0.005 0.086 < 0.0002 0.021 < 0.005 0.404 2 3 4 5 6 7 8 9 10 11 12 etc TNS => Max. Value => Avg. (usel/2 BDL) => 1 0.005 0.005 1 0.086 < 0.086 < 1 0.0002 0.0002 1 0.021 0.021 1 < 0.005 < 0.005 1 0.404 0.404 Title: IU Wastewater Survey & Permit Application File name: C:lbocumants�ettinps Rueger.BRIANIMy DocusnentslMy DocumcnWSlV&li.1P1ADRADI-SIU&WP appl Industrial Wastewater Survey.dx . Revision date: I2/30/97 Page 17 of 208 Data Summary Form Receiving PQTW Receiving NPDES # Specific Sample Location! e., Give IU Name, IUP9, and/or pipe 9 Lab => MDL => Notes => Acetone Methanol Ethanol IPA TBOH TBHP Envirochem 0.005 EPA 8260 Cone. Results from Lab < mg/l Envirochem 1.0 EPA 8015 Cone, Results from Lab c? mg/l Envirochem 1.0 EPA 8015 Cone. Results from Lab C? mg/l Envirochem 1.0 EPA 8015 Cone. Results from Lab c? mg/l Envirochem 1.0 EPA 8015 Cone. Results from Lab <? mg/1 Envirochem 1.0 EPA 8015 Cone. Results from Lab C? mg/1 Sample ID or Count Date Sample Collected 1 01/26/09 4.74 BQL BQL BQL BQL BQL 2 3 4 5 6 7 8 9 10 11 12 etc TNS => Max. Value => Avg. (usel/2 BDL) => 1 1 1 1 1 1 4.74 BQL BQL BQL BQL BQL 4.74 0.5 0.5 0.5 0.5 0.5 Title: IU Wastewater Survey & Permit Application File name: C:IDocument�SettingslRueger.BRIANl,\Iy Documents1\ly DocumentslSIU&IUFtrIpPADIS]U&IUP app * n-Industrial Wastewater Surveyh3c Revision date: 12/3007 Page 18 of 208 0 r� Industrial User Wastewater Survey &. Permit Application Part V, Waste Reduction Information State Pretreatment Rule 15A NCAC 21-1.0916 (c)(1)(M) requires Significant Industrial Users to include a description of current and projected waste reduction (pollution prevention) activities_ The codes listed are standard EPA codes found on Toxic Release Inventory and other environmental forms. Please check all applicable codes for your facility related to wastewater discharge. Current Projected Code Description W13 Improved maintenance scheduh ng recordkee in , or procedures W 14 Changed production schedule to minimize equipment and feedstock changeovers W 19 Other changes in operating ractices (explain briefly in comments W21 Instituted procedures to ensure that materials do not stay in inventory beyond shelf -life W22 Began to test outdated material -continue to use if still effective W23 Eliminated shelf -life ruirements for stable materials W24 Instituted better labelina procedures W25 Instituted clearinghouse to exchange materials that would otherwise be discarded W29 Other changes in Inventory control (explain briefly in comments W31 lm raved storage or stacking procedures W32 Improved procedures for loading,unloading and transfer operations W33 Installed overflow alarms or automatic shutoff valves W34 Installed secondai y containment W35 Installed vapor recovery systems W36 Implemented inspection or monitoring program of potential spill or leak sources W39 Others ill and leak prevention (explain briefly in comments W41 Increased purity of raw materials W42 Substituted raw materials W49 Other raw material modifications (explain briefly in comments W51 Instituted recirculation within a process 'title: IU Wastewater Survey & Petnut Application File name: CADoc=ecds and ScUingslRueger.BRlANIMy DmumentslMy DocutnentslSIU&IUPIADr A,D1-SA1&iUP applicatiun-Industrial Wastewater Survey.doc Revision date: 12/30/97 Page 19 of 18 11 0 Industrial User Wastewater Survey & Permit Application Current Projected Code Description W52 Modified a ui ment, layout, or piping W53 Use of a different process catalyst W54 Instituted better controls on operating bulk containers to minimize discarding of empty containers W55 Changed from small volume containers to bulk containers to minimize discarding of empty containers W58 Other process modifications (explain briefly in comments) W59 Modified stri in / cleanin8 equipment W60 Changed to mechanical stripping / cleaning devices (from solvents or other materials W61 Changed to aqueous cleaners from solvents or other materials W62 Reduced the number of solvents used to make waste more amenable to recycling W63 Modified containment procedures for cleaning units W64 Improved drainin procedures W65 Redesigned parts racks to reduce dra out W66 Modified or installed rinse s stems W67 Improved rinse equipment design W68 Improved rinse equipment operation W71 Other cleaning and degreasing operation (explain briefly in comments) W72 Modified s ra systems orequipment W73 Substituted coating materials used W74 Im roved application techniques W75 Changed from spray to others stem W78 Other surface preparation and finishing (explain briefly in comments W81 Changed product specifications W82 Modified design or cam osition of product W83 Modified packaging W89 Other product modifications (explain briefl in comments W99 Other (specify in comments Comments (Please list corresponding code) Title: IU Wastewater Survey & Permit Application File name: C:1Documents and SettingslRueger.BR AN1My DocumentsWy DocumentslSrU&IUPIADIIADI-SIU&IUP application -Industrial Wastewater Survey.doc Revision date: 12/30/97 Page 20 of 208 ADI Tank Chart E 0 ........ .. . Ir !7M I -OM I Vertical fixed roof 20,080 10.5 31 Ethanol storage tank. 2 Vertical fixed roof 20.,080 10.5 31 DPP Crude storage tank. 3 Vertical fixed roof 307213 11 42.5 TBOH storage tank. 4 Vertical fixed roof 20.080 10.5 31 DPP MeOH/IPA stoma tank, 5 Vertical fixed roof 24,283 9.92 42 TBOH storage tank. 6 Vertical fixed roof 10.135 10 17.25 Ethanol storage tank. Vertical fixed roof 7 11.656 8 31 Acetone storage tank. 8 Vertical fixed roof 9,964 8 26,5 Ethanol storage tank. Vertical fixed roof 9 20,319 12.42 22.42 IPA storage tank. Vertical fixed roof 10 7,734 7.88 21.2 Cyclohexarte storage tank. Vertical fixed roof 11 2,003 5.33 12 Propyl Acetate storage tank. Vertical fixed roof 12 6.054 8 16.1 Methanol storage tank. Vertical fixed roof 13 3.992 5.33 23.92 MIBK storage tank. Vertical fixed roof 15 3..992 5,33 23.92 Ethyl Acetate storage tank. Vertical fixed roof 16 4,940 5.96 23.67 Empty storage tank. Vertical fixed roof 17 10,092 10-5 15.58 DPP ggra e tank, Vertical fixed roof 18 20,080 10.5 31 IPA storage tank. Vertical fixed roof 19 20.080 10,5 31 EPA stora-ge tank. Vertical fixed roof 20 11,038 8.42 26.5 TBOH storage tank. Vertical fixed roof 21 20,626 12 24.38 IPA I storage tank, vertical fixed roof 22 25,025 12 29.58 Ethanol storage tank. Vertical fixed roof 26 9,900 8 26.33 Octane Topcuts storage tank. ADI Tank Chart • • 27 Vertical fixed roof 15.092 10.5 23.3 IPA storage tank. 28 Vertical fixed roof 21,298 10 3625 IPA storage tank. 29 Vertical fixed roof 5,OOI 8 13.3 Process Water storage tank. 30 Vertical fixed roof 25,025 12 29.58 TBOH story a tank. 31 Vertical fixed roof 67,245 19.5 30.1 TBOH & Water storage tank. 33 Vertical fixed roof 25,381 12 30 TBOH Topcuts storage tank, 34 Vertical fixed roof 25,381 12 30 TBOH & Water storage tank. 35 Vertical fixed roof 9,412 8.17 24 KOH storage tank. Horizontalryatfixedank. roof 36 7,062 6.33 30 IPA sto Vertical fixed roof 37 20,080 10.5 3I TBO14 & Water storage tank. Vertical fixed roof 38 20,080 10.5 31 TBOH & Water storage tank. Vertical fixed roof 42 20,080 10.5 31 Ethanol storage tank. Vertical fixed roof 43 20,080 10.5 31 TBOH & Water storage tank. Vertical fixed roof 44 20,080 10.5 31 TBOH storage tank. Vertical fixed roof 45 20,080 10.5 31 TBOH storage tank. Vertical fixed roof 46 20,080 10.5 31 TBOH & Water storage tank. Vertical. fixed roof 48 12,437 10.5 19.2 Ethanol storage tank. Vertical fixed roof 49 20,080 10.5 31 Mixed Alcohols storage tank. Horizontal fixed rooF Sd 33,115 9.33 64.75 Water story a Mnk Vertical fixed roof 51 9,271 8.08 24.17 Mixed Flammable Liquids storage tank. Vertical fixed roof 53 15,008 10.5 23.17 Octane Bottoms storage tank. Vertical fixed roof 54 29,780 12 35.2 IPA storage tank. Vertical fixed roof 55 30,120 10.5 46.5 IPA storage tank. ADI Tank Chart • It� 0 56 Vertical fixed root 6,016 8 16 d-Limonene storage tank. 57 Vertical fixed roof 14,277 9 30 Mixed Alcohols storage tank_ 58 Vertical fixed roof 9,776 8 26 Ethanol storage tank. 59 Vertical fixed roof 9,900 8 26.33 Octane Bottoms storage tank. 60 Vertical fixed roof 11.750 10 20 Ethanol storage tank. Vertical fixed roof 61 9,964 8 26.5 Empty storage tank. 63 Vertical fixed roof 9,139 11.2 12.4 NBC storage tank. 64 Vertical fixed roof 9,024 8 24 IPA storage tank. 65 Vertical fixed roof 9,776 8 26 TBOH & Water storage tank. 400 Vertical fixed roof 10,364 10.5 16 TBOH story a tank. Vertical fixed roof 401 10,364 10.5 16 TBOH storage tank. Vertical fixed roof 402 9,880 12.27 11.17 TBOH story a tank. Vertical fixed roof 403 24,297 14 21.1 IPA storage tank. Vertical fixed roof 404 7.11 26.3 Acetone story a tank,7,811 Vertical fixed root 405 7,811 7. l 1 26.3 Methanol storage tank. Vertical fixed roof aRT01 3,805 5.25 23.5 IPA storage tank. Vertical fixed roof aR702 3,805 5.25 23.5 IPA story a tank. Vertical fixed: roof aRT04 6,016 8 16 TBOH storage tank. Vertical fixed roof aRT05 61016 8 16 TBOH storage tank. Horizontal fixed roof aRT)06 6,368 7.1 21.5 TBOH storage tank. Horizontal fixed roof aRT07 6,368 7.1 21.5 Ethanol storage tank. Vertical fixed roof aRT08 13,087 9 27.5 NBC storage tank. Vertical fixed roof aRT09 197432 10.5 30 Ethanol story a tank. ADI Tank Chart lJ • Vertical fixed roof aRT10 9,750 9.88 17 Ethanol storage tank. Vertical fixed roof HRS03 20.080 10.5 31 IPA storage tank. Vertical fixed roof HRS05 10,364 10.5 16 n-Propanol storage tank. Vertical fixed roof HRS07 11.750 10 20 IPA storage tank. Vertical fixed roof HRS09 118,444 24 35 TBOH & Water storage tank. Vertical fixed roof HRS11 31 091 10.5 48 TBOH storage tank. Vertical fixed roof HRS12 31,091 10.5 48 TBOH story c tank. Vertical fixed roof RRS13 30581 10,58 46.5 IPA storage tank. Vertical fixed roof HRS14 372,957 46 30 TBOH storage tank. Vertical fixed roof HRS39 13,513 10 23 IPA storage tank. Vertical fixed roof HRS40 20,080 10.5 31 IPA storage tank. Vertical limed roof 402 9,880 12.27 11.17 TBOH storage tank. Vertical fixed roof 402 9,880 12.27 11.17 TBOH storage tank. Vertical fixed roof 402 9,880 12.27 11.17 TBOH storage tank. • ,� 1 �� `C 1r. � '•yam `\.' i i `' i .Mill { _1 I ,1 r 1 r ',r .r Yf8Her I � �1 �•, r -'+ter `-`: {Park. _�Navassa IQ +' :ill• - rr�eJ ^I Atli i ii L i { l: r 1 FiBldl 34'15' 74 a • ern+pow-a•o.eai[w. wwvr. wra+ow iwa,,,w- rL 78°00' '75 76°°o-f Site Location Map American Distillation, Inc., 1690 NE Royster Rd., Leland, NC, 28451 Photocopy of USGS Leland • Figure Quadrangle (1984) Brunswick County, NC 7.5 Minute Series (Topographic) WAI.TON ENGINEERING Original Scale: 1:24,000 0 0 0 C.W. Eye Wish ;— Fig 0(7,•:Ai C) SNEEDFN VAu BkiLD DIN DROPERtY SURVt' Ei!' Sm•mao: S,.cles of k v Trolls SSLOF' Y. BENSON &- 4550C. r^ "0t•- — stompp Pas w y'o4e i i F L ......o 0 0 0000 00000 00 0 00 ocrcn =Yc:.7 �� 00o ap g c;oie CPie o0000 > 00 o0 r.w S.s. S.0 acres ^..e•nlca I Pif:4' ROC L. ar Sou:hlrs E,� _ — vc'.u�le 24.1 Drum von. ivy uu=: �-•,� � n. � n � u — _ - 7erinlnq ,r S:c agt O F, y'v'- •.cllct�'� r 1. © aoa @ v,.rv9e 1 t .on;a�nmenr � I' ,., . F'� O 6ui;P:nFo.r ien b: Cc r.h eV C°tr g E, gu„c,ny st e �� � i,eeytrre i .EL=: •ZO 5 S.� 530 gPl. �.I"et nc Stowae F'�:e •eyeran�, OG'059 :u k,r3 Si. ncn E• Ong 4� HIGH PJSE SERi�!rn r.- _ Property Jeaaza to 41;9 r?r oL--'n EliS;iN�i�On. ^ Inc. `rgnl Hig•, Rise �vice Cor*'pary O f-' v 0 Containment d Tank 47 Areas BoiNre ae ng 20.000 San Pump 001 (far pH odN*nent) Bklerdoevt PH (10-11) Tank 2 god Colurm Washings 1�e 20.068 vows Tank 1 20,066 p pH Ad 7lment Bap s El, T�to Tank 50 a p W�Mr 30.000 vai Ban over Vatm 000 Automatic County W#tw week Ito ss Vd" ed Raoairer Pump Ffty Tower � Uco arty `mapper ad Vd" & Tank 23 AUtWfRoot ye 10,000 gal p Clean Oravlty Fed ftnp,M Taken WOW 21.160 gpd Oud dl Stormwater Pond Smd Containment w/ Unwor flow memlonen d pH check Figure Project: Title: ��,,��JJ ENG11\"EFJi1.N` 3 American Distiriation,Inc. Discharge Schematic Yi FILtON PO He% W nlffnw, NC 29425 19I0) 239-18T RevisionDate: 03104/09 Date: 04/13/06 Scale: NIA D— by: IJai! W/JRH Project #: 9500 "�W J.; 'C � ��f11Y"III jji; I$G. Sp ANALYTICAL & CONSULTING CHEMISTS Customer: AMERICAN. DISTILLATION, INC. 1690 N. E_ Roy ster Road Leland, NC 28425 Attu: Hugh Groom Environmental Chemists, Inc. 6602 Windinifi Wav • Wilminhloi,. NC2t405 (910) 392.0223 (Lab) • (9101,192-4424 (Fox> 710 Bowscrtown Road • hbnteo, NC 279.1�4 (25214, 3-57112 NC E.Nk:17tn'QCERTIFICATE094.1)[.5CERMrI(:ATEn,7T2G Date. of Report: February) SJ 2009 Purchase Order No: Report Number: 9-70 i REPORT OF ANALYSIS Date Sam pied: 01/26/09 Sampled By: Ciien-, COOLLTM•G TOWER: Blow Down Pace. ? 0 MietnC!" '.. 00-. �8 j Biucnemi4ai 4;xuaer €iemand.BOEi: as CF, w,11- i C ! sI`r --')!' zr'.~c,/r k•'• Iota! yusoenoed Soiids, 1 S-,-, mg2 e! 51E`. '_E! e 2-ErI4�= l.aemicaf 'j�!�1A7IIzont� Cvanide. Ctt - rn Remand.. COD as C_, n�D�"rnpl-L J a T1� 7—_ ' iIv u'IUZIV3 ��.OGS SNl 45U0 Ch' E t12!4�/05 j Arsenic, As. zng/L I < 0.002 EPA 200.9 01129/09 Cadmium, Cd mg/L < 0.001 i EPA 200-7 02/03/09 Chromium, Cr mg/L 0.041 EPA 200.7 02102/09 Copper, Cu mg/L 0.187 EPA 200.7 I 02/02/09 Lead, Pb mg/L 0.086 EPA 200.7 -02/02/09 Mercury, Hg mg/L < 0.0002 EPA 245.1 02/03/09 Nickel, N mg/L 0.021 EPA 200.7 ; 02/02109 Silver, Ag mg/L j < 0.005. EPA 200.7 1 02/03/09 Zinc. Zn mglLI .1 0.404 EPA 200.7 02/02/09 Oil & Grease, 'mg/L ,� 1 ] SM 1664 A 07/02/09 Comments: 'i t j 1 I 1 ` 1 d SBbZ1LE0i6 ,I: U81,11IitW uyor v6St60 6U to q�� Environmental Chemists, Inc. f,(,i1Z t�mdmil; lqa�' b\ilrninrlc�lt, riC 2SAM, (t110).i9-1122? 1l phi MIN ;1?2-4424 fl ,+.j 710 tinwScrtowsl Rood Kinten, KC 27Y} (252j 471-_;70 i ANALYTICAL & CONSULTING CHEMISTS NCDENRl7VVQC1:I.T1I-(C.X1TE i4. D ti C�'RTIFICnTL �? _tr Customer: American Distillation 9-701 Page 2 of 2 Cooling Tourer: Blow Down I QuintitationLintit I Parameter, mg/L LD. # 2418 mQ'L Tent-buryi alcohol 1 BQL 1.6 1 Tert-butyl h vdr-o=yperoxide. BQL 1.0 MeLhano? � BQL I j 1.0 I Ethanol I a BQL l I IVE:t1rE1G OQ" EPA .i� '_c � s. Y —i3" ✓y:!l��JN .�r,..,.�z�•= ,•i _� I � ! r r.'-c" ,,t -Y� fi:.9'���.�=PYc, -r. s a r �. ' fl '71 , f 'LT S t } 5� >,.�....- "-� d i �,- iK .r -' ���>ii r3nL'+5,.-T7'..4•c., �'3'r �' - :ir�.^,i - wS, - �:,� 'n4 «..f.."�i..d.0VSi n I � � ���antitaiion '2r2niete;-. me/L. i LP. r 2419 ;11n11r irL�li- I ACetOile 4.74 r. (f 0.005, ! j; f , i Date Analyzed 01 . /09 Method Code EPA 8260stM,' Comments: E = Estimated. Above calibration range.. BQL = Below.Quantitation Limit f I 4 Reviewed by: l r / (I. r - � i I 1 r ( c t U8',1t11!W U40C e6S-60 60 be I iE ANALYTICAL 8 CONSULTING CHEMISTS Customer: AMERICAN DISTILLATION, INC. 1690 N. E. Rovster Road Leland, NC 2842; Attn: Hugh Croom Environmental Chemists, Inc. 6602 Windmill Wav • Wilrningloil. NC 284U5 (910) 392-0223 (Uh) . (910) 392--W24 (Fax) 710 Bawscrtown Road • Mzntec, NC 27944 (252) 473-5702 NCl7EW7 t?tn`Q CER71FICAT: #94, D1.5 CEIMFICATE P�?7?r r Date. of Report: Februan, 9. 200e Pureh2SC Order No: Report Number: 9-70I REPORT OF ANALYSIS Date Sampled: 01/26/09 Sampled By: Ciiem COOLING TOWER: Blow Down Aaet ? O1 La:amcte- _.. ,,.. ,. �._ -`L. Meth[► voat. DZL: �i Lio:nemica: ':-; •vper Uemaer-.BCI < as C�- u2al- 40 i sm o I_ of .'2"" 'Focal Stssoenae� saiia�. �'S: m� nemical Oxygen Lpemanc. CUP as mg/L 3540 SM, 1-54C. Ls { l!2.6X'- SM szzo 1) f 0 /0.2/oU i Cyanid~. CY - mgft- v.d� r i W 45% CN E j 02/05/0q Arsenic, As. mg/L < 0.002 EPA 200.9 01129/09 i Cadmium. Cd mg/L < 0.001 ! KPA 2%.7 07/03/09 Chromium, Cr mg/L 0,041 EPA 200.7 02/02/09 Copper, Cu mglL 0.187 EPA 200.7 02/02/09 Lead, Pb mglL 0.086 EPA 200.7 '02/02/09 Mercury, Rg mg/L < 0.0002 EPA 245.1 02/03/09 Mickel, Ni mg/L 0.021 EPA 2M.7 02/02/09 Silver, Ag mg/L I < 0.005. i EPA 200,7 I 02/03/09 Zinc, Zn mg/L 0.404 EPA 200.7 02/02/09 Oil & Grease. mglL 11 SM 1664 A 02/02/09 Comments: l i r • kI i r (1 � C } S i- I I•d SB�ZIL80i8 uasliiltW UgDr e6S:60 60 '02 4a� Environmental Chemists, Inc. 0110)3c)i _41223ij; 1:ax (9101�92-44_741j '710 Bowscriown Road - M.intei% KC27�54 ANALYTICAL & CONSULTING (29',' 4713-5702 CHEMISTS NCDENR- DWQCI-'kTIT-IC.ATF_#9,,. Dl_ s 0. RTIFI CATE. Customer: American Distillation 9-701 Page 2 of 2 Cooling Tower: Blom? Down QuantitaEiOn Parameter, mg/L I.D. 4 2418 Limit mg/L Teri -butyl aicohol j BQL E 1.0 Tert-butyl hvdroxyperoxide BQL 1.0 1 Methanol BQL 1.0 Ethanol BQL i.0 !Sooropvl Akoho3 Dar,.. i•knal-Yzec Nietholi �_Odt ""N F 71 22 Para cte:'� ma Acetone f 4,74 0.00'r Date Analyzed 01 P_ - 9 �10 9 Method Code EPA 8260 Comments: E = Estimated. Above -calibration range. BQL = Below Quantitation Limit Reviewed by: A C. U8101T11TW U'Lloc ess :60 64 172 W_ tt V-23-2006 THU 02:3i AM, _ - P. 004 FAR 0 1 2007 r.rr.rrrtR�7i� :i0.; ' ;.tU�111Tv , NCDENA h� C North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Wllgam G. Ross, Jr., 5eaetary Alan W. Klimek, P.E., Director NOTICE OF RENEWAL INTENT Application for renewal of existing coverage under General permit NCG500000 E�dsting.Certificate of Coverage (CoC)- NCG500_ 7 4B-_ (Please print or type) 1) Msiliig address' of facility ovvner/operator: CompatyName American .Distillation Company, Inc. Owner Name Earl .Simmons � _President Street. Address PO Box 400 _ City Ise 1 and -- Slate Nc ZIP Code 28451 Telephone Number ° } 3 71 - 099 3 Fax (910) 3 71- 2 9 71 Emau addTeas N /A * Address to Wick atl pwmk oorreWmdww* should be mailed 2) . Location of facility producing discharge: Facility Name American Distillation Company, Inch Facility Contact B a r, r_v White --Facility Manager - Street Address 1690 NE Royster Rd. city Leland State NC ZIP Code 2 8 4 51 County Brunswick Telephone Number (910) 3 719 9 9 3 Fax: (910) 3 71- 2 9 71 Email address J 3) Desoriptiont of Disebarge: a) Is the disebArge direct► to the reoe:ivi tg stream? ❑ Yes x0 No (it n4, eubrM a elte map yAth the pathway to the potetdlat racoivinq waters dimly Madded. This Includes tracing the pathway of the storm sower to the discharge point, H the storm newer is the ordy viable means of dlsoNree,) b) Number of disclxergae outfaIls (ditches, pipes, ehaumels, etc that convey wastewater from the property): 2 c) What We of wastewater is discharged? iudica.Le which discharge points, if more than one. ❑ Non -contact cooling water Outfan(s) #: A3 Boiler Blowdown Outfan (s) # 1 RECE-1 VT MAR 0 1 2007 Page 1 of 3 N6-23-2606 THU 02:31 AM N•CG600000 renewal application xQ Cooling Tower Blowdotwn ❑ CoudeDsate ❑ Other Outfau (s) D. 1 Outfall (s) #; Outfal) (s) #; (Please describe "Other") d) 'Volume of discharge per each discharge point (in GPD): #001: i 0 n #002: l, 500 #003; 4004 4) Please check the type of chemical {s] added to the wastewater for treatment, per each separate discharge point (if applicable, use separate sheet): )EkChlorine ❑ Biocades 13KOorrosiou iWAbitors ❑ AJgamide ❑ Other ❑ None b) If any box in item (4) above [other than None] was checked, a completed Biocide 101 Forxm and manufacturers` informa#aon on the additive Joust be submitted to the following address for approval; NC DENR / DWQ / Envirwimental Sciences Season Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, NC 27699-1621 6) Is there any type of treatment beitxg provided to the wastewater before dLw arge (i.e., retention ponds, settling Ponds, etc.)? ❑ Yes A�cNo (H you, pl raw Wu0pfadallowbe ed.,ededetail.sign wiuma. rerenWn urns, solace area. et.) wfth submittal package. Bdallna Ueatm 7) Discharge Frequency: a) The discharge is:.❑ Continuous IR Intermittent . ❑ Seasonal* i) if the disebarge is intermittent, descrile when the disebarg+e Will otmr: — Dissolves] . soli :each 550 Fn. -. _.__.... -- _ -• ii) "Check the mordh(s) the discharge occurs::p Jan l*Feb Q Max. ® Apr ® May B Jwa T7 Jul CrAug, XlSept. 13 Oct. )[7 Nov. �0 Dec, b) How mmmy days per week is there a discharge? 7 c) Please check the days discharge occurs: 9 Sat. a Sun, IXMm.. M Tue. [XWed. 0 Thu. 0 Fri. S) Reeeivino streamls]. a) To wbat body or bodies of water (creek., stream, riven, lake, etc.) does the facility discharge wastewater? If the site disebarges wastewater to a separate storm sewer system (48), 3xame the operator of the 48 (e.g. Oity of Raleigh). Cape Fear River b) Stream Classification: Page 2 of 3 NOV-23-2008 THU 02:31 Ali P.006 NCGSGOOO 1 renewal application Additional Application Reguirrementst The following informatioxn must be included in triplicate [original + 2 copies] with this application or it will be returned as incomplete. > Site map. If the discharge is not directly to a stream,'the pathway to the receiving stream must be clearly indicated. This includes tracing the patbtway of a storm sewer to its discharge point. D Authorization for representatives. If this application will be submitted by a consulting engineer (or engineericg firm), include documentation from the Permittee showing that the consultant subwJttiug the application has been designated an Authorized Rspresentative of the applicant. Ceru ication I certify that I am familiar with the ma£ormation contained in this application anal that to the best of my knowledge and belief such information is true, complete, and accurate. Rripted Name of Person Signing: Mark Walton 'Eve: N G r '1 e e r- f eo �. 5 uV4 ``�''" Q �Z--Yq �—Lc�%Vj (SWnaiure of Apphmntx) North Carolina General Statute 143-215.6 b (i) provides irbat: 01/31/07 (Date Signed) Any person who lmo+e+ n* mattes arty false swameni, reptmentatlon, or cerWIcation in zN applica8on, record, report, plan or other domr.rntant tiled or retired to be maintained under Article 21 or refprlations of the EnvHonmontal MenAgemerd Commission implementing that Adide, or who ialsbiea, tampers with or Wiowh * renders inaccurate any recadng or monitoring dedoe or method regtflred to he operated or rrratntalned under Arfde 21, or.rr:gutatlons of the Environmental tlftenepement Carridssion k*eawn ingthhi Articie, 3ha4 be gugty of a misden mnor pmrilshable by a Im not to exceed $25,000, or by brrprtsonment nut to ex0ead sbc mo►tths, or by both. (18 tf,5.0. Section IOM provides a punishment by a line of not more than $25,000 or i nprisorsrrent riot more than 5 years, ar batty tera sur W Offense.) Die Notice of Renewal intent does NOT require a separate fee. The pgrmitted facility already .pays an annual fee for coverage under NCG500000. Mail the original and two copies of the entire package to: Mr. Charles H. Weaver NC DENR / DWQ / NPD)ES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Page 3 of 3 FEB-01-2007 THU 0,118 AEI P, 00i American Distillation Company, Inc. P.O. Box 400 Leland, NC 28451 (910) 371-0993 Fax (910) 371-2971 January 31, 2007 To Whom it May Concern, i hereby authorize Walton Engineering (and employees of Walton Engineering) as my agent to sign permit applications and related documents for American Distillation, Inc, Sincerely, Earl Simmons President American Distillation, Inc. Car; ���" ,,=-�y- �.•-j -T� �." `_ SITE LQCATIO do I'I } 2.5 ch I ` Ndp 10 t0 J Tr Dew -'� Trailer r� 1 �':r;i l =•, \ .-iwassa a,3,r. • .A}. •. IF •'r, 5 ! 1 7'Fr i .6 t '. . Y r r`1 i e •1% ;'% 1. F�81d� — 34*15' 74 78m, 75 Photocopy of USGS Leland Figure Quadrangle (1984) Brunswick County, NC 7.5 Minute Series (Topographic) Oriainal Scale: 1:24,000 Site Location 1VIap American Distillation, Inc. (AD[) 1690 NE Royster Rd. Leland, NC 28451 WALTON ENGINEER ArG '** 0 w A r�9pc Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources March 5, 2007 Linda Willis 127 Cardinal Drive Extension Wilmington, NC 28405-2845 Subject: a<fi-Re �- L4 4 NCS 000255 a istillation, Inc. Brunswick Counh? Dear Ms. Willis: Alan W, Klimek, P.E„ Director Division of Water Quality I have prepared a staff report and draft permit for this facility. A site visit may be pertinent for this facility as its analytical monitoring highlights concerns. If you would like me to accompany you on an inspection, please let me know. I will be in Wilmington and available next Thursday morning (March 15'h), or we can discuss other potential times if that would be better for your schedule. Please return the enclosed staff report containing any comments you may have on this draft, and then I will send it to public comment. enc I . Staff report 2. Draft permit 3. Site Map Thanks, t fL Kelly Johnson Environmental Engineer One No hCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet: h2o.enr.state nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recydedl10% Post Consumer Paper .e' � -ti f- �LF -�a� jiM.'c- •�. r Nip* .1�� _ r y. 71 TOM _ ,{•. •�i'y /, Cary'- ti, 1� \c. 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'3` _`� „ ytJlx �., .k`'l: � � `7.'•I, . �-_'i. .'' • .t'_`-"�• 4f •rr�I_`yr... r-i!'�' y�,;�_s • ..,�.2A•.''', 'r,, —�•: r.�,',. _-. _. -+ +°!-try .� i' __- •=?- • rf J t 1! ii . :!i• r�}• .�- - "� :�,•,��� � - Jay :J yi*• _ ,� K„ ; r .r. f!}r, rIf i ra+l yfi •��� ,✓ � r ,fir•••^ � ��1 OT old4d "� i.7 it ay n ti• �t -. �. .'w �.�'�•• I - ���I�s�7' f T _ y h�J4Rs j �rfti� •' 1' �-+.�+vV 7 �� fin- f � y �-.:.....,e �� �R C�• � ��""lr�' � �. y x ^ ' 4 �"+�f }"t•. � i Y 7 1^�RrS,�aL•="W��►�.•� t. '•s.'.'.- t s f i5 // •-�-¢y�T'�..-r`ram r! •t•1-�,}��.-.` j[:>• •. ,. ,' -"�,. .. ,i •1- , . •` 7fA�`� Lam' F T��-c � ;1:✓ r ti�-��1'.q , _' O` WA-r Michael F. Easley, Governor Ott. QG State of North Carolina William G..Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Ouality March 30, 2007 Mr. Hugh Croom American Distillation Company PO Box 400 Leland, NC 28451 Subject: Draft NPDES Stormwater Permit Permit No. NCS000244 American Distillation Company Brunswick County Dear Mr. Croom: 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: 1. Analytical and qualitative monitoring has been set to quarterly, as shown in Tables 1 and 4, respectfully. Vehicle maintenance. monitoring has also been revised to quarterly in order to coincide -- ----- — with -analytical -and qualitative monitoring -as shown in Table-5—. 2. The following parameters have been added to analytical monitoring: isopropyl alcohol, ethanol, methanol, and tert-butyl alcohol. 3. Toluene analytical monitoring has been removed. 4. Benchmarks have been added to this draft permit as shown in Table 3. The benchmark values are not permit Iimits, but should be used as guidelines for your Stormwater Pollution Prevention Plan (SPPP). 5. You are required to collect all of the analytical monitoring samples during representative storm events as defined in this permit. Qualitative monitoring does not have to be performed during a representative storm event. 6. Part Il Section A (2)(b) has been revised. If the secondary containment devices are connected directly to stormwater conveyance systems, stormwater in this area shall be tested for isopropyl alcohol, ethanol, methanol, and tert-butyl alcohol using gas chromatography prior to being released: Accumulated stormwater shall be released if found to be uncontaminated. The benchmarks listed in Table 3 of this permit will be used to determine contamination. This monitoring must be continued until the permit is renewed, rescinded, or revoked. 7. You are responsible for all in until this permit is renewed, revoked, or rescinded. See Footnote 1 of Tables 1, 4, and 5. 8. Part II Section A (1)(c) has been revised. It now specifies all of the items to include on the site map. During the March 15th inspection, the Division identified two outfalls that were not previously identified. Both of these outfalls are on the western side of the property. One is located near the southern corner of the trailer storage pad. The other is located between the northern end of the stormwater containment pond and the trailer storage pad. These outfalls should be identified and North Carolina Division of Water Quality (919) 733-7015 1617 Mail Service Center FAX (919) 733-0719 Raleigh, North Carolina 27699-1617 On the Intemet at httpJh2o.enr.state.nc.usf Mr. Hugh Croom American Distillation Company Permit No. NCS000244 Page 2 numbered on the site map, and sampled during the upcoming permit cycle. Please also include the dyke located at the Western side of the property, the newly constructed sample storage building, the two newly constructed containment areas, and any other areas not listed in this letter on your updated site map. The first newly constructed containment area referred to above is located next to the existing stormwater containment pond on the western end of the property. The other is located to the east of this containment area, approximately halfway between Tank 63 and the fence. Please submit a copy of this revised map to my attention at the address listed at the bottom of this letter within nine months of the effective date of the permit, as required by Part II Section A (1)(c). 9. Please note that Form SWU-242-020705 is available on our website for qualitative monitoring, though you are not required to use this form. You are, however, required to conduct qualitative monitoring for all of the parameters defined in Table 4 of this permit. 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 be issued in approximately two months. If you have any questions or comments concerning this draft permit, contact me at (919) 733-5093 x 376 or kelly.p.johnson@ncmail.net. Sincerely, Kelly Jo on Environmental Engineer enc: Draft Permit cc: Wilmington Regional Office, Linda Willis Central Files Stormwater Permitting Unit 2 NCS000244 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM X' In compliance with the provisions of North Carolina General Statute']43-215.1, other lawful standards and regulations promulgated and adopted by,thbNorth Carolina Environmental Management Commission. and the Federal Water Pollution Control Act, as amended, American 'Distillation Co. Inc. is hereby authorized to discharge.stormwater.from a facility located at �`Ametican Distillation Co. Inc. 16 6 NE Royster Road Leland, NC Brunswick County to receiving waters designated as Cartwheel Branch, a class SC, SW stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, II1, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective [June 1, 2007]. This permit and the authorization to discharge shall expire at midnight on [May 31, 2012]. Signed this 15t day of June 2007. for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000244 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map ,^ t PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES ''`•. Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability l . 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 9 Permit No. NCS000244 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls I. 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 y � 5. J� JJrr Representative Outfall 6. Records Retention`-, 7. Inspection.and•En try Section E: Reporting Requirements 1. 1 /! Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART N LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS 11 Permit No. NCS000244 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. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee s authorized to discharge stormwater to the surface waters of North Carolina or;separate'storm sewer system which has been adequately treated and managed in accordance with,thc terms and conditions of this individual permit. All discharges shall be in accordance with theconditions 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�ariother permit, authorization or approval. The 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. > ✓ff Part I Page I of 2 SECTION C: LOCATION MAP Permit No. NCS000244 i�- 'j ; _ i� r 1 •d�\`'. a- r 1 MiiE \L Ce Astbrook-- - rf American Distillation Chaps „ i f 4 Il 's: �:.. t so r — •-� L'"'=`� `��. t - ' .- r I i� < .� v._ � � `;S. E--.-,,i'+.�,_�J .6' i „ ` 1.. �� lr �.r 1145 455 21, {�f ^Lri ;.i , •` ' i�— T '� - �Q �`" `i�r~4'•t i• -y ter--., I � � - ._ � I 7. 1�. 54 . �• '7rz `� .� >'ivrllr [ \ � .: t `T. 1 _ Davis Chaps 1 r �1' fF�7 : r hailer • .'" Pam. f,i f r: i`,=- ''! avassa i�.. 141 It I �� - s r r'-fr • i ,b l / i 1. w %• r /�1%'e ! Fi8lfli Latitude: 34'16'08" N " Longitude: 78000'56" W NCS000244 Facility r µ n' County: Brunswick American Distillation Location`:l- ' Stream Class: SC, SW Co. Inc. Receiving Stream: Cartwheel Branch Sub -basin: 03-06-17 (Cape Fear River Basin) effOttA F NOT TO !CALF Part I Page 2 of 2 Permit No. NCS000244 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A. STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, -at a minimum, the following items: 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 11 stormwater discharges. The site plan shall contain the flowing: a. A general location map (USGS qua drangle'map'or app opriately drafted eq uivalent p), showing the facility's uivalent map), in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges. or ifthe discharge is to a municipal separate storm sewer system, the name of the'municipality and the ultimate receiving waters; and accurate latitude"" d. 16 rigitude of the point(s) of discharge. b. A narrative description of storage -practices, loading and unloading activities, outdoor process are'as,``dust or particulate generating or control processes, and waste disposal practices. ` C. A site map drawn to scale with the following items. A copy of this map shall be provided to the Division within nine months of the effective date of this permit: (1) Distance legend and north arrow (2) Location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas) (3) Drainage structures (4) Delineated drainage areas for each outfall (5) Drainage area for each outfall in acres and percentage of each drainage area that is impervious (6) Building locations (7) Existing BMPs and impervious surfaces (9) For each outfall, a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge. d. A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part I11, Standard Conditions, Section B, Paragraph 3. Part I I Page I of 8 Permit No. NCS000244 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. b. Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials. storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous. sjdbstances tb prevent leaks and spills from contaminating stormwater runoff'' If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated. valves or other similar devices [which shall be secured with a locking mechanism] -and any stormwater that accumulates in the containment'area shall'betested-for isopropyl alcohol, ethanol, methanol, and tert- butyl alcohol usinggas chromatography prior to being released. Accumulated stormwater shalfbe released' if found to be uncontaminated. The benchmarks listed in Tablej3 of this_permit will be used to determine contamination. The monitoring discussed -IA this paragraph must be continued until the permit is renewed, rescinded or revoked. Records documenting the results of the gas chromatography tests, the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept until the permit is renewed, rescinded or revoked. C. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may Part II Page 2 of 8 Permit No. NCS000244 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 program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall:be identified. r 6. Responsible Party. The Stormwater Pollution'Prevention Plan -"Shall identify a specific position(s) responsible for the overall coordination, devefopment, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shalVamend 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. The Stormwater Pollution Prevention Plan shall be reviewed' and' updated on an annual basis. A` \ �T The Director may notiffy the perrmittee 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_thebirector for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semi-annual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part 11 of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall Part It Page 3 of 8 Permit No. NCS000244 be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration; the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of nineteen analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). ;he permittee shall complete the minimum nineteen analytical samplings in accordance with'theschedule specified below in Table 2. /; Monitoring results shall be compared to the benchma&valdes 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). �The;permitfee shall evaluate the sources of any benchmark exceedances and evaluate the effec'tiveness'of any site BMPs. The permittee shall review and/or update the SPPP and docum_ ent a y.efforts to address stormwater contamination. Table 1. Analytical Monitorin .Re uirements Discharge Characteristics Units Measurement_.Frequencyl. Sample Type2 Sample Location3 Biological Oxygen Demand,, `. mgA Quarterly Grab SDO Chemical Oxygen Demand —m L Quarterly Grab SDO Total K'eldahl Nitrogen mg/L Quarterly. Grab SDO Oil and grease m Quarterly Grab SDO H Standard Quarterly Grab SDO Total Suspended Solids mg/L Quarterly Grab SDO Isopropyl Alcohol mg/L Quarterly Grab SDO Methanol m Quarterly Grab SDO Ethanol m Quarterly Grab SDO Tert-Butyl Alcohol mg/L Quarterly Grab SDO Total Rainfall inches Quarterly Rainfall Event Duration minutes Quarterly Footnotes: I Measurement Frequency: All analytical monitoring will be performed four times per year 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 application before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue Part II Page 4 of 8 Permit No. NCS000244 quarterly analytical 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. if the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfali status has been granted. Table 2. Monitoring Schedule Monitoring period' Sample. Number Start End Year 1, Quarter 1 I July], 2007-\ September 30, 2007 Year ],Quarter 2 2 Octoerrl 2007 '- December 31, 2007 Year 1, Quarter 3 3 January 1, 2008 t March 31, 2008 Year 1, Quarter 4 4 April L,2008 June 30, 2008 Year 2, Quarter 1 5 `­July'd2008 September 30, 2008 Year 2, Quarter 2 6 !` October'!, 2008 December 31, 2008 Year 2, Quarter 3 7 ! f /' 'January 1, 2009 March 31, 2009 Year 2, Quarter 4 <$ �, ;f �--April 1, 2009 June 30, 2009 Year 3, Quarter 1 0-11 July 1, 2009 September 30, 2009 Year 3, Quarter 2 ..10 ''� °; Y October 1, 2009 December 31, 2009 Year 3, Quarter 3 1 January 1, 2010 March 31, 2010 Year 3, Quarter 4 12 .y'` April 1, 2010 June 30, 2010 Year 4, Quarter 1 `- -13 July 1, 2010 September 30, 2010 Year 4, Quarter 2 14 October 1, 2010 December 31, 2010 Year 4, Quarter 3 15 January 1, 2011 March 31, 2011 Year 4, Quarter 4 16 April 1, 2011 June 30, 2011 Year 5, Quarter 1 17 July 1, 2011 September 30, 2011 Year 5, Quarter 2 18 October 1, 2011 December 31, 2011 Year 5, Quarter 3 19 January 1, 2012 March 31, 2012 Footnotes: 1 Maintain quarterly monitoring during permit renewal process. Part 11 Page 5 of 8 Permit No. NCS000244 Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Biological Oxygen Demand, 5 day mg/L 30 Chemical Oxygen Demand mg/L 120 Total Kjeldahl Nitrogen mg/L 20 Oil and grease mg/L 30 pH 4.3-9 Standard (Drains to SW Waters) Total Suspended Solids mg/L `100 �!h Isopropyl Alcohol mg/L ; `- ` 4;300- , Methanol mg[L " .}7,700 Ethanol ��" m g/L r'' 3,900 T-Butyl Alcohol mg/Lr� f ji.;1' 3,200 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 below in Table 4. Qualitative monitoring is for the purpose -of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls is performed when s.tormwater discharge occurs but does not need to be performed during a representative storm event. 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 Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Part 11 Page 6 of 8 Permit No. NCS000244 Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequency Monitoring Locationt Color uarterly SDO Odor Quarterly SDO Clarity Quarterly SDO Floating Solids Quarterly SDO Suspended Solids Quarterly SDO Foam Quarterly SDO Oil Sheen Quarterly SDO Other obvious indicators of stormwater pollution Quarterly SIDOj '!' ,,'" "--, Footnotes: 1 Measurement Frequency: All analytical monitoring will be performed four times per year for each year until either another permit is issued for this facility ar,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 application before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue quarterly analytical monitoring until the.renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. SECTION D: ON -SITE VEFIICLE�MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehi 1 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 outfalls which discharge stormwaer runoff from vehicle maintenance areas, All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of nineteen analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum nineteen analytical samplings in accordance with the schedule specified in Table 2 (Section B). Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Part 11 Page 7 of 8 Permit No. NCS000244 Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc t Sample Type2 Sample Location3 H standard Quarterly Grab SDO Oil and Grease m Quarterly Grab SDO Total suspended Solids mgfL Quarterly Grab SDO New Motor Oil Usagegallons/month Quarterly Estimate - Total Rainfall inches Quarterly Rainfall Event Duration minutes Quarterly Footnotes: I Measurement Frequency: All analytical monitoring will be per'formed-four times per year for each year until either another permit is issued for this facility or until this permit is revolved or rescinded. If at the end of this permitting cycle, the permittee has submitted the appropriate ,paperwork for a renewal application before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue quarterly analytical monitoring until the renewed permit is issued',See'Table 2 for schedule of monitoring periods through the end of this permitting cycle. �% J 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. If the detention pond discharges only in response to a storm event exceeding a ten year.""design storm. then no analytical monitoring is required and only qualitative monitoring shall be performed. , 3 Sample Location: Samples shall be -collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle ma' intenance activities occur. Table G. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics - Units Benchmark = pH standard 4.3-9 (Drains to SW Waters) Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part 11 Page 8 of 8 Permit No. NCS000244 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: 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. Proposed Facilities: The Stormwater Pollution Preventiori�Pianshall•be developed and implemented prior to the beginning of discharges from the operation of the industrial activity andle updated thereafter on an annual basis. Secondary containment, as specified in Pdrt ll, Section �A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from he operation of the industrial activity. �✓ Duty 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 reissuance'or�modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for;,toxic =the nts within the time provided in the regulations that establish these 1. standards or prohibitions, permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also; any person who violates a permit condition may be assessed an administrative penalty not to exceed $1 1,000 per violation with the maximum amount not to exceed $137,500, [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 twenty-five thousand dollars (S25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $1 1,000 per violation, with the maximum amount of any Class penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. Part 111 Page 1 of 8 Permit No. NCS000244 Dutv to Mitieate 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 II1, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities. liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it•authoriie any injury to private property or any invasion of personal rights, nor any infringement ofFederal .State or local laws or regulations. 7. Severabili!y �• The provisions of this individual permit'are severable, and if any provision of this individual permit, or the 11 application of any provision,of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 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 Part I I I Page 2 of 8 Permit No. NCS000244 permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL, CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143=2153.6 and 33 USC 1251 et. seq. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and.reissuance `of.the permit to change the name and incorporate such other requirements as may be necessary undei the Clean Water Act. 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 Director shall be signed and certified. .� l a. All applications to be covered under this individual permit shall be signed as follows: (1) For a co(rp' oration: by a responsible corporate officer. For the purpose of this Section, a responsible ,corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if. (1) The authorization is made in writing by a person described above; (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 Part III Page 3 of 8 Permit No. NCS000244 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 certiA,, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, onterminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40'Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Admiiiistrative.Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. f f �/J 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall.at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing ofStormwater 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 Part III Page 4 of 8 Permit No. NCS000244 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling I� Samples collected and measurements taken, as required herein, shall -be characteristic of the volume and nature of the permitted discharge. Analytical sampling st all be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the'discharge. All samples shall be taken before the discharge joins or is diluted by any other'waste stream, -body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. IN 2. Recording Results' f For each measurement, sample, inspection'oi maintenance activity performed or collected pursuant to the requirements of this individual permit; the�permittee-shall record the following information: \ a. The date, exact place, and time:ofsampling, measurements, inspection or maintenance activity; �I b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. 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.. Part III Page 5 of 8 Permit No. NCS000244 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 outfal Is. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring, information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 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 facility which discharges through a municipal separate storm sewer system, an authorized represe'ntative.of a'municipal operator or the separate storm sewer system receiving the discharge, upon the presen4atio on f credentials and other documents as may be required by law, to;� a. Enter upon the permittee's premises where, a regulated facility or activity is located or conducted, or where records must -be kept under the conditions of this individual permit; h. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual perrrttt; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations- regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the. Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 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 Carolina27699-1617 Part III Page 6 of 8 Permit No. NCS000244 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes ` ti The permittee shall give notice to the Director as soon as spossibi of any .pl nned changes at the permitted facility which could significantly alter the nature or quantity 6f pollu[ants'discharged. This notification requirement includes pollutants which are not specifically -listed_ in the individual permit or subject to notification requirements under 40 CFR Part 122.421(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 nonco yplian e�with�the individual permit requirements. 7. Bypass a. Anticipated bypass. I the perrittee 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 ad"affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes 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. 9. Other Noncompliance The perm .ittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part 11I Page 7 Of 8 Permit No. NCS000244 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000244 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph'shall also.contain;any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in.timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the,lndividual Permit PART.VI DEFINITIONS 1. Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Nan-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page t of 5 Permit No. NCS000244 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 astheClean'Water Act (CWA), as amended. 33 USC 1251, et. seq. S. Division or DWO G •_, The Division of Water Quality, Department of Environment and Natural Resources. 9. Director J, The Director of the Division of Water,,Quality, the.perrmit issuing authority. 10, EMC ,% �:Z The North Carolina Environmental Mlana�ement 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. 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. Part VI Page 2 of 5 Pages Permit No. NCS000244 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. 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. 18. Representative Storm Event 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 wiihout producing any collectable discharge, and then stops, a sample may be collected if a rain producing a disc urge begins again;within the next 10 hours. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical`monitorin_g at�a reduced number of outfalls. 20. Rinse Water Dischargej� it The discharge of rinse water from,equipmeht cleaning areas associated with industrial activity. Rinse waters from vehicle.and equipmentcleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or -cleaning `agent. 21. Secondary Containment Spill containment for the contents'bf the single largest tank within the containment structure plus sufficient freeboard to allow for the�25Lyear, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title Ili 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 I11, Section 313 reporting requirements; and That meet at least one of the following criteria: (1) Is listed in Appendix D of40 CFR part 122 on either Table II (organic priority pollutants). Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) is Iisted as a hazardous substance pursuant to section 3 l 1(b)(2)(A) of the C WA at 40 CFR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS000244 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Sienifcant 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 10 ] (14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title [it of SARA; fertilizers; pesticides; and waste products such as ashes. slag and sludge that have the potential to be released with stormwater discharges. 25. Significant -Spills ` Includes, but is not limited to: releases of oil or hazardous' -substances in excess of reportable quantities w under section 311 of the Clean Water Act (Ref. 40 CFR;1 10.10 and CFR 1 17.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precioitation.and,which occurs immediately following rainfall or as a result of snowmelt. 27. 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 12226(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 28. 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. 29. 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. 30. 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. Part V 1 Page 4 of 5 Pages Permit No. NCS000244 31. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. 32. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 33. Upset Means an exceptional incident in which there is unintentional and temporary:noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment orcontrol facilities, lack of preventive maintenance, or careless or improper operation. N !� / 34. Vehicle Maintenance Activity`r f \, Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25^year, 24 hour storm event— The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages American Distillation, Inc. bne Fian F r ALr UIV Iry 9 flyer-luiv (j ]ate: 11 /15/99 Scale: 1 " = 60' Drawn b : RMW Project #: 95002 ' . I I� R U N SV�I I C o COUNTY 41 61 r 0 30' 6O' 20' ^r �, LLG A�7CNET/C `c F N D w. Eve was - ; PP r, S.S. 5afetyy Sl ow_r p� \ F. C. Dire Extin uisher O`� ���' ! 00,E1•ol PP� No DONALD SNEEDEN « Vi 4 I proinage Duifoll ' _ Yz MAP BASED ON PROPERTY SURVEY BY Stormwaler Swoles � „Up•9�=G� � � Y ' � ,� , x,�� � � Trailer STUART Y- BENSON & ASSOC. / Storage Pad- 1 GoO. -Sump y, � � - TrucL Potl r, it n M OO O (� O r PP / O O OO O O O Manual Sliding 4� Q Gravel l xa ae OFocd O O° 1 " os; �Gdte _{I - 0\1 1 ]t 1��` + o O O o o OO F.W+U ` CSC' S �� - r`... . •Pipe, ROCK - = Crushed- m ! .Y Gns - _ - ''i� -I~S. E.V - Water AAain ;toGs;rr?r}'•. 1-�+� ; ::', '' " � 000 ,ur Drum Val c ,♦ I / J — I - �` - r, `� "// i0 ® O € wa Storage f �` `` �• C, Cooling I\ .00 ruck Pad Tower ;..:r, Overhead �,a t Pad 'l `�_U P Crushaq ` r; Pipe r7aCk F F 3 Stone _ I t _t �f! 1- m : •a• • /:�. Refining sru... t Cobk-4�rr�er , ! Septic ! i F ValveS.:.'cm w `1 ontoinment _--'--- � 1 ` E. Ea�fe r' t_ob ?� Control � r Ga; t s fO f3uilr+inq '. C .� r e I SCA� j� O O L�triVuing I Ci•e HytlrCn:, 32'' High \ s clock Nall I u .I funks l - NCINE -� Recycled oCuie I � 5 S. Sump Qii Tan S k J,1 OU'OS9 580 gal- C I \o Pavement HIGH RISE SERVICE CO., INC. i Permit No. NCS000244 2, Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. b. Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be tested for isopropyl alcohol, ethanol, methanol, and tert- butyl alcohol using gas chromatography prior to being released. Accumulated stormwater shall be released if found to be uncontaminated. The benchmarks listed in Table 3 of this permit will be used to determine contamination. The monitoring discussed in this paragraph must be continued until the permit is renewed, rescinded, or revoked. Records documenting the results of the gas chromatography tests, the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept until r the permit is renewed, rescinded or revoked. � C. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site storrnwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may Part 11 Page 2 of 8 y -WR d a Avg !n corer lew l (rq N A-', HNC- OuesAcvLs abcc� �n(pA�l.uS' Go �f-+ w 9�mvo. TRI�lx�f `Hn05 Threatened & Endangered (T&E) Species: Individual Stormwater Permit Review NCS 000244, American Distillers 26 August 2007 T&E Species Identified Near the Facility 1. Acipenser brevirostrum (Shortnose Sturgeon, a fish): Endangered (State and Federal). a. Last observed date: 1993 b. State rank: S1: Critically imperiled in NC. Extremely rare and could become extinct from the state. c. Global rank: GI Vulnerable globally to extinction. d. Accuracy of potential location: National Heritage ranks the location, as shown in Figure 1, as a "medium". The sturgeon was identified in the area shown in the figure, and is able to swim to other locations (upstream and downstream). 2. Alligator mississippiensis (American Alligator): Threatened due to similarity of appearance a. Last observed date: The dates for the four sites shown in Figure 1 range from 1908 to 2002 b. State rank: Range is S1-S3; critically imperiled to vulnerable to extinction in NC c. Global rank: Range is G3-G5: Vulnerable globally to extinction to Secure, common, widespread Accuracy of potential location: Low. Alligators were identified in the areas shown in Figure 1, but it is difficult to determine where they may normally be found. Figure 1: Location of T&E Species in Relation to the Facility: NCS 000244 ME Species Summary Page 1 of 2 Potential Effect of Facility on Species 1. Acipenser brevirostrum (Shortnose Sturgeon, a fish): a. Threats: Construction of dams and pollution of many large northeastern river systems during the period of industrial growth in the late 1800's and early 1900's may have resulted in substantial loss of suitable habitat. In addition, habitat alterations from discharges, dredging or disposal of material into rivers, -or related development activities involving estuarinelriverine mudflats and marshes, remain constant threats. Commercial exploitation of shortnose sturgeon occurred throughout its range starting in colonial times and continued periodically into the 19517s. (http:Ilwww.nmfs.noaa.Aov/pr/specieslfsh/shortnosesturgeon.htm) b. Facility's Potential Role in Exaggerating the Threats: The major potential threat from this facility is the runoff of organic compounds. This material is not specifically listed as a threat to the sturgeon, however, it is a perceived threat 2. Alligator mississippiensis (American Alligator) a. Threats: Historically, alligators were depleted from many parts of their range as a result of market hunting and loss of habitat, and 30•years ago many people believed this unique reptile would never recover. In 1967, the alligator was listed as an endangered species (under a law that preceded the Endangered Species Act of 1973), meaning it was considered in.danger of extinction throughout all or a significant portion of its range. But a combined effort by the U.S. Fish and Wildlife Service and state wildlife agencies in the South saved these unique animals. The Endangered Species Act prohibited alligator hunting, allowing the species to rebound in numbers in many areas where it had been depleted. As the alligator began to make a comeback, states established alligator population monitoring programs and used this information to ensure alligator numbers continued to increase. In 1987, the Fish and Wildlife Service pronounced the American alligator fully recovered and consequently removed the animal from the list of endangered species. Although the American alligator is secure, some related animals -- such as several species of crocodiles and caimans -- are still in trouble. For this reason, the Fish and Wildlife - Service still regulates the legal trade in alligator skins, or products made from them, in order to protect these endangered animals with skin that is similar in appearance, but illegal in the commercial market. (http://www.fws.aov/species/species accountslbio alli.html) b. Facility's Potential Role in Exaggerating the Threats: The major potential threat from this facility is the runoff of organic compounds. This material is not specifically listed as a threat to the sturgeon, however, it is a perceived threat. NCS 000244 T&E Species Summary Page 2 of 2 44W o System http://nhpmap.enr.state.nc.uslgmap75_main.phtml?grp_eo_py=Y&grp_major_roads=Y&gr... Legend Submitted Element Occurrences r Element Occurrences r-.! EO Source Points N EO Source Lines EO Source Polygons Significant Natural Heritage Areas Managed Areas Roads r!—t Municipalities Rivers and Lakes �f (Arcs) �--E Rivers and Lakes (Polygons) r (j+ Topo Images FJ Aerial Images rl 9 Topo Boundaries County Boundaries 17 Redraw Map Quick View: --Select Region -- Main Map ►533 I of 2 4/4/2007 9:07 AM http://nhpmap.enr.state.nc.us/forms/co/eo_py_eo_select.phtmI?&gid=&label=&scientific_n... Element Occurrence(s) Found 5 Element Occurrence(s) Select Gid Scientific Name ri 20654 Acipenser brevirostrum [I 11533 Alligator mississippiensis • 3534 Alligator mississippiensis [j 877 Alligator mississippiensis [I 19743 Helisoma eucosmium rl Select All Loom to Record I 40\ EO Common st (Date EO State Protection Federal Protection State Global EO EO ID Nb Nameserved Rank Status Status Rank Rank Accuracy 2Shortnose1993 B E O S1 G3 Medium 12176 Sturgeon 47 American 2002-07-01 B7 T T(S/A S3 0 16832 Alligator 55 American 1978-06 E T =(S/AD S3 Low 5349 Alligator 56 American 1978-06 T T(S/A S3 ,�]�� Low 464 Alligator 7��"" Greenfield 1 Rams -horn 1908 X E S1 GiQ Very Low 13292 abio5y' �o ita .= �� GO r5liwua ela V�ab�l+� I �c.*uaf�c�c �,.sr�Ri� CI'A%,t*LVY _'W%?(QI LSb I N N L Ex-VV*Mt" �iAR� , C MXI) BECMI E &TI AJd 5"M �Tf. 5-rpar, At. IZ K 3 v ULA3E9. VkW_ Ei LnaKA-4 To FxTIN (.T1 u W : 1?11�18E 46J D IA) au L j R �l Tic mot) #,CfaE M Uc"E of a lft: L -YcrR S. f_d PccuR. n = IYI(=DIum � EtEAAMI accuMrcr �'MQc1��+�h1!y �Ccu�AZE� V oTHER�-Tt510) CID Due -ro hmlLpR►� of j Qvumfkr"kE 00rCCO-9 E. -- : u ru ore Gn 51 MAI16A� VOL C�:rjfGuR�, Co�Mntpi� � WtUESPRE.RD 1 of 1 4/4/2007 9:11 AM Re: T&FJ Stormwater Permitting Pd-ussmy) Subject: Re: T&E/ Stormwater Permitting �' E7E 'GUWDf710,r From: Kelly Johnson <kelly.p johnson@ncmail.net> Date: Thu, 10 May 2007 09:12:04 -0400 To: Sarah McRae <sarah.mcrae@ncnmail.net> I definitely understand about being busy. How about 3:30 tomorrow in your office? KJ Sarah McRae wrote: Hey Kelly. I haven't been ignoring you... I am just swamped lately and I haven't been in the office. I'm in meetings pretty much all day today and tomorrow. I might have some free time tomorrow afternoon (around 3:30-4pm) if you can meet then. Otherwise, we can meet Monday - I'm pretty open in the AM. Sorry I haven't been here! Let me know if you still want to chat about this. We. really do want you to be able to understand our data... Kelly Johnson wrote: What do we do with this information? That is the $24-million question. This is the first one I have found that has had a "hit" with your database, so this is unchartered territory. Are you going to be around either this afternoon or tomorrow? I am here until about 5 today, and I would like to ask you some more questions about this issue (specifically, I am not sure that these EOs have "buffer" distances on the print out that I have so I can't tell how far up/down stream they go). Thanks, KJ Sarah McRae wrote: Hey Kelly. The EO accuracy field is a bit complicated to describe, but I'll do my best. Basically, it represents our confidence that a population occupies the area that we mapped. Remember, an EO represents a population, and when we map polygons in GIS, we're trying to represent where we think the population is'. This is based on where sampling has been done for a species, what the "home range" is, and where the appropriate habitat is for that given species. For aquatic animals, this is quite complicated because they move around a lot (not so much for mussels, but especially so for things like fish and reptiles). For the most part, we have designated the aquatic EOs with an accuracy of "medium" -'because they move around a lot, and if you go to a certain location within our mapped polygon, you may or may not find that species (at that given moment in time). Things that have "very high" or "high" accuracies mean that the chances you will find an individual of that species in a given spot within the mapped polygon are very good.- this is much more common for plants that don"t move. CSo, my advice tt—y u about-'the-Eo accuracy field is to not put too much (weight -in what the"designation is =zf we have�defined�a�po ygon,.we.hav upstream'/d"ownstreai_ moveinent�is,,us,ual'1.ypl-km,*but-udepeadsvdn�the��spec es oaf ntere"st�) . If area�you�are� r looking -for a given-permit'=issnear't`onejofd Four; pal+ygonsp- Iit hould be�utaken i'rito !consi�cieratiori Now"my--question-for-you"i's—when you come across a T&E species, what do you do with that information? Are there specific permit requirements/limitations based on this information? Do you require additional surveys or additional information? I'm really interested in this... I hope this helps. If I just confused you more than you were before, let me know and we can chat in person... Sarah 1 of 2 8/27/2007 `8:34 AM Re: T&E/ Stormwater Permitting Kelly -Johnson wrote: Sarah, I have a stormwater permit application that is near EO ID 12176 (shortnose sturgeon, federally endangered). The EO accuracy is "medium". This is the first permit that we have encountered that has "endangered" implications (since using your database). So, I will have to figure out exactly how to work with this situation. This facility is also near EOs 16832, 5349, and 464 (all American Alligators), which are threatened due to the similarity of appearance and of which two of these have "low" EO accuracy and one EO accuracy is not shown. I looked through your guidance document, but I did not see a definition for EO accuracy (maybe I missed it?). How do you define "medium" or "low" accuracy? When aquatic species are listed, how far do you account for them being able to move up or down stream? I just wanted to get some insight from you before I talk with my group about how to proceed here. Thanks, Kelly 2 of2 R/27/2007 9:34 AM NtuS 000244 CTo lketolu' wArF9 QG Facility Name: NPDES Permit Number: Facility Location: Type of Activity: SIC Code (if applicable): Receiving Streams: River Basin: Stream Classification: Proposed Permit Requirements: Monitoring Data: -Facility Location: — Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit American Distillation Co, Inc. NCS0002" Leland, NC (Brunswick County) Industrial distillation Chemicals and Allied Products, Not Elsewhere CIassified Cartwheel Branch, See Figure 1 Cape Fear River Basin, Sub -basin 03-06-17 SC, Sw See attached draft permit. See Table 1 Response Requested by (Date): 5P►4Rtt.-. ARM Central Office. Staff Contact: Kelly. Johnson,. (919) 733-5083, ext3'. 6— _ j Description of Onsite Activities: This facility conducts distillation of primarily organic solutions such as ethyl alcohol, tert-butyl alcohol, isopropyl alcohol, miscellaneous alkanes, specialty solvents, and phosphite chemicals. They process by-products for other companies, recover usable materials from the by-products, and return them to the original company. This process is called "tolling". Documents Reviewed: • NPDES Stormwater Permit Application Materials • Stormwater Permit File • Cape Fear Basinwide Plan • Draft 2006 303(d) List • EPA Sector -Specific Permit, 2006 draft History: • First issued on 1 January 1995 to American Distillation Company for same name in Leland to Cape Fear River (Class SC) requiring annual testing for TSS, COD, BOD, pH, toluene, and TKN. Cutoff values were in the permit. No vehicle maintenance. • Reissued 1 January 2000. Oil and grease was added. Also added four samples in the last year of vehicle maintenance requirements of pH, oil and grease, TSS. There were no cutoff concentrations for vehicle maintenance. This permit was issued to a facility with the same address, however, the permit renewal N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service 1-877-623-6748 r ,f NCS000244 application shows that our records had them at 220 Old Dairy Road, Wilmington 28405. If there is a site visit, determine if this facility has ever moved, or if we just had this as an error in our database. Figure 1: Map of Facility Central Office Review Summary: 1. Other Permits: o , SW8930501: State stormwater, low density o NC6500148: Noncontact cooling water, boiler blowdown, wastewater discharge 2. General Observations: This facility has high analytical monitoring. DWQ needs to ensure that the facility is not generating a mixture of wastewater and stormwater. l called the applicant, and determined that there is one instance where this could happen, but that it has not happened. There is a stormwater containment tank (Tank 23) that has the ability to discharge to three places; (1) to a cooling tower which is the typical usage method, (2) to a stormwater pond, or (3) to a swale that discharges offsite to Cartwright. Creek without treatment. The applicant said that the only time they have had to.direct water to the stormwater pond is during Hurricane Floyd. Water was not directed to the swale at that time, and has not been directed to the Swale: -- 3. Previous Inspections: The applicant said that he was inspected by State stormwater personnel in 2005, but did not recall the name(s) of the inspector(s). He contacted DWQ to arrange the inspection because he was 2 NCS000244 concerned that he would lose business unless he had a valid stormwater permit. Most of his clients audit facilities before doing business with them. His permit expired on December 31, 2004. Per his request, he received a letter from the central office in 2005 stating that he is in compliance because he had submitted his renewal paperwork on time. 4. Impairment: The receiving water i artwheel Creek, v 'ch is not impaired. Cartwheel Creek is not addressed in the Basinwide Plan., If there is a site vssr , e ermine if the site slopes primarily to the east (in which case the receiving water would be the Cape Fear River), or to the south (in which case the receiving water would be Cartwheel Creek) It appears from the map that it drains to the Creek, but the previous permit indicated that it drained to the River. (The River is not impaired in this area) 5. Oualitative Monitoring: Qualitative monitoring was performed, but not using the State form. The State form requires the permittee to record color, odor, clarity, solids, foam, oil, etc. The data submitted shows only "remarks", and is generally not descriptive. DWQ will ask the applicant to use the forms for the next ermittin c cle. 6. Analytical Monitoring: This facility failed to collect samples from all of the permit -required timeframes, as shown in Table 1. The samples collected represent a small window of time, but also show unacceptable stormwater conditions from the site. If there is a site visit, we need to determine their chemical inventory in order to determine if we have all of the appropriate monitoring parameters.. Perhaps get the tank farm Ta51e l: Analytical Monitoring Required Sampling Range Sampling Date BODE TSS COD TKN Oil & Grease Toluene pH Benchmark: (30 mgll) Benchmark: (100 mg/L) Benchmark: (120 mg/L) Benchmark: (20 mg/L) Benchmark: (30 mg/L) Benchmark: (1.8 uglL) Benchmark: (4.3-9, SW water _1/1/03-/31/03_ 4/1103-6130/03 7/1/03-9/30/03 18-Se 3 14 81 3.9 2.9 BOL 6.82 23-Se -03 6 37 i1177..50 27A47r 2.9 N[5 6.83 10/1103-12/31/03 25-Oct-03 12 93 6.7 7 BOL 6.99 4-Dec-03 r020 521 7 �§IW2 BOL 6.51 Not Required in Permit 12-Fe 59 18.2 11 BO 6.9 @q Over benchmark Not submitted • Chemical Oxygen Demand: Very High o COD is used to indirectly measure the amount of organic compounds in water. It indicates the mass of oxygen consumed -per liter of solution. Because this facility'processes organic solutions, this may be an.indicator of wastewater contaminating the stormwater. • Biological Oxygen Demand: Very High o BOD measures the concentration of biodegradable organic matter present in a sample of water. This facility generates chemicals by tolling and so the pollutants vary over time. BOD was not high in September or October, but was very high in December and February. It is possible that the facility was generating. different materials at "these different times. • Total Kjeldahl Nitrogen (TKN): High o TKN is organic nitrogen plus ammonia (NH3) and ammonium (NH4). TKN is a portion of total nitrogen (TN), which also includes nitrite (NOD and nitrate (NOD. ■ Nitrate is the conjugate base of nitric acid. A nitrate salt forms when a positively charged ion attaches to the negatively charged oxygen atoms of the ion, forming an ionic compound. Almost all nitrates are soluble in water at standard temperature and pressure. In organic chemistry a nitrate is a functional group with general chemical formula RONOZ where R stands for any organic residue. They are the esters of nitric acid and alcohols. ■ A nitrite is either a salt or an ester of nitrous acid. In organic chemistry, nitrites are esters of i r4 NCS000244 nitrous acid. They possess the general formula RONO, where R is an aryl or alkyl group. o TKN is high when BOD5 and/or COD is. high, which makes sense because they all measure organics. • EPA's Sector -Specific Permit only requires TSS monitoring. No chemical monitoring is required. 7. Secondary Containment of the 25-year Storm:' The previous permit required, "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." This facility likely already has infrastructure to contain this storm, but if there is a site visit, we should do a sanity check to ensure that this is the case, especially since their analytical monitoring is so high. o Largest Tank Within the Containment Structure: If there is a site inspection, we need to know this tank volume (at least roughly). (The 10,000 gallon tank (Tank 23) is not inside the containment structure). o 257year storm: The 25-year storm in Wilmington in 9 inches. Revised Permit Recommendations: Analytical Monitoring: 1. Due to a potential lag time between the expiration of this permit and its renewal, I have specified in the permit that the permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and S. This approach is recommended because there has been a significant lag time since the expiration of the previous cycle. This will provide testing if there is a lag in future timeframes. 2. Benchmarks have been added to this draft permit. 3. All analytical monitoring.has been set to semi-annually. 4. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall and event duration parameters are in this permit, however.) (There was no flow requirement in the previous permit.) - 5. The-permittee-is-required-to-collect-all-of-the analytical -monitoring -samples -during -representative storm -events -as defined in this permit. Qualitative monitoring does not have to be performed during a representative storm event. 6. If there is a site visit,determine if it is reasonable to'also require them to test water that they discharge from the swales using gas chromatography. The previous permit (Part A, page 2 of 6) required only visual observation of anything leaving secondary containment. These pollutants are likely dissolved and not visible. They should have to summarize and keep these records ofsite with their SPPP. (Add this to -the permit). Other Proposed Changes to the Previous Permit: 1. Part II Section A has been revised. It now specifies all of the items to include on the site map. 2. Vehicle maintenance has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. 3. The permittee must use Form SWU-242-020705 (or other as amended) for qualitative monitoring. Discussions with permittee: Hugh Croom, 910.371.0993, 27 February 2007. 1. The application says that, "The pond located in the southwest corner of the plant is used in the event that Tank 23, the rainwater holding tank, is full." Additionally, "When filled, the contents of Tank 23 will be tested for contaminants. If clean and needed in the current'distillation process, the rainwater will be pumped into the cooling tower as make up water... In the event that the tested contents of Tank 23 indicate contamination, it will be transferred off site to a properly permitted treatment and disposal facility." I am concerned about what happens when Tank 23 is full of contaminated water, and flows to the pond in the southwest corner. This pond has a valve connecting :it to a Swale that drains offsite. If contaminated water gets into this pond, how is it removed other than draining offsite? a. ANSWER: Water from the pond is pumped to the cooling water tower and re -used. This pond was able to contain the water from Hurricane Floyd without having to drain to the swales. 4 NCS000244 2. This facility has two "infiltration swales" for "emergency conditions", and the facility is in an extended shutdown if a "major rainfall" occurs. "The -tank farm and plant swale is designed to discharge 7.44 inches of rainfall within fiveday periods... The fuel tank swale... will discharge 7.44 inches of rainfall in one day." The secondary containment can hold 15 inches of rainfall storage and is discharged into the lined swales only after testing for contaminants. If the facility can distill secondary containment water onsite, it will_ Otherwise it will be shipped offsite. Discharge data from the swales will be kept onsite.for 5 years. [The permit requires a minimum of a visual inspection for the secondary containment for color, foam, outfall staining, visible sheens and dry weather overflow. Records (the person's name, stormwater description, date/time of release) must be kept for five years (Part 11 page 2 of 6)j. You have containment for 15 inches of rainfall storage for your secondary containment, does this mean 15 inches of containment around the entire drainage area, or that your secondary storage drains to an area that has only 15 inches of storage? (If so, then the facility may not contain the 9.03-inches of 25-year storm.) a. ANSWER: The application may say 15 inches, but it is actually much greater. The water collects at the bottom of a slope. The containment wall there is probably 2-3 feet. b. NOTE: If there is an onsite inspection, ask to see the secondary containment paperwork so that we can determine what is typically discharged. (Hurricane Floyd was more than 5 years ago, and will no longer be on file.) 3. Your application says that you use gas chromatography (GC) to determine contaminants to the swalcs, and that water won't discharge there if it is contaminated. What constitutes "contaminated"? a. ANSWER: The presence of VOCs constitutes "contaminated" water. If the water has any VOCs, then it can not go to the cooling tower. It is sent to the air stripper. The facility has an air permit to discharge 100 tons/year of VOCs from the air stripper. 4-How-is the water -inspected -from the -tank farm -and -plant pad/distillation area? a. ANSWER: GC is used to identify VOCs from these areas as well. 5. What happens to the water from the boiler area? a. ANSWER: This water is highly alkaline, and it is used to neutralize the stripping system. This water is always used in the stripping system, and never goes to Tank 23. . . -,. NCS000244 Recommendations: Based on the documents reviewed, the application information first submitted on July.9, 2004 and revised on October 13, 2004 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) �Q Date Stormwater Permitting Unit Supervisor �J O / _ Date Xdr�� 24�� Concurrence by Regional Offs a Date / . 7'712Ax-1,-&C-)'x- Water Quality Supervisor Date OZ G NCS 000244 15 March 2007 Inspection 1. The permittee has made the following changes to the site: o Installed a dyke to control stormwater runoff'to the west side of the property, where the site drains to Cartwheel Creek. o Installed two additional containment areas onsite. One of these containment areas is located next to the existing stormwater containment pond shown on the site map. The other is located further to the east of the first containment on the property, approximately halfway between Tank 63 and the fence. Both of these containment areas have valves that allow the permittee to drain the contained water to swales leading to Cartwheel Creek. o There were two other o4falls identified onsite, both on the western side of the property. One is located near the southern corner of the trailer storage pad. The other is located between the northern end of the storm water containment pond and the trailer storage pad. o Added a building that is —I Q'x2O' on the eastern edge of the property near the drum storage pad. This buildings used to store samples. The permittee was originally permitted for 65,340 ftz in his original State Stormwater permit for site,construction, and at that time he had 44,431 ft . It appears that the permittee is still below the permittee impervious area, though it is recommended that this is checked in the next permitting cycle (2012) to ensure that this is still the case. 2. Concerns found onsite: o The permittee has two additional outfalls to be sampled (see above). It is recommended that the permittee submit a revised site map showing all of the site changes listed above as well as the location of these two additional outfalls. o There was a visible spill outside of the fence next to Cartwheel Creek. The permittee indicated that there had been tank storage in that area until approximately two or three months ago. The soil is stained, and there was cloudy material in the stream though it is unclear as to whether this cloudy material was from the spill or from stormwater draining from the manufacturing area. The permittee indicated that he had not seen the stain before. Clean-up of this spill and regular self inspections are recommended. o The drum storage is not contained. Containment is recommended. o Tanks 64 and 65 were not contained. - The permittee indicated that this was difficult because this is another truck loading/unloading area. A solution to this problem is recommended. o All tanks onsite need to be locked.. o The berm around the hazardous material area is crumbled (presumably by forklifts). This is labeled as "portable tank area" on the site map. Berm repair is recommended. NCS 000244 30 March 2007: Phone Discussion with Permittee: Question: When you look for VOCs, which ones do you look for? Answer: Isopropyl alcohol, methyl alcohol, ethyl alcohol, and tert-butyl alcohol. Re: Stormwater Benchmark, Volatiles Subject: Re: Stormwater Benchmark, Volatiles From: -Kelly Johnson <kelly.pJohnson@ncmail.net> Date: Fri, 30 Mar 2007 10:00:22 -0500 To: Justin Dent <Justin.Dent@ncmail.net> Justin, Thanks for your help. I will probably keep them separate for now, issue a draft permit and see what the permittee says. If he has a serious issue, then I might lump them and lessen the burden. This is a really nasty site. (Until recently, they actually had drums stored next to the creek without secondary containment and there were lots of stains in the grass and on the soil. They also have a lot of other reasons for concern.) Kelly Justin Dent wrote: Kelly, I found some more reliable tox studies on ethanol, since I only had one usable data point and that value was much lower than all the others.. so here's what I got. -Ethanol: 1/2FAV = 3900 mg/L (Verschueren, Karel. Handbook of Environmental Data on Organic Chemicals. 3rd Ed. 1996) -Methanol: 1/2FAV = 7700 mg/L (ECOTOX 3/07) -Isopropanol: 1/2FAV = 4300 mg/L (ECOTOX 3/07) -t-Butyl Alcohol: 1/2FAV = 3200 mg/L (ECOTOX 3/07) Since these compounds are not much of a threat and since their benchmark values all fall in the same region, you could lump all these together, but you would have to use the lowest of the four as the benchmark. This would be 3200 mg/L. Hope this helps! r Justin Kelly Johnson wrote: Justin, OK, thanks. I was hoping do. But, I guess he will different types of VOCs. the universe of VOCs down tert-butyl alcohol. What Thanks, Kelly that there would be an easy, single test for him to just have to do it the hard way and test for several I have talked with the permittee and have decreased to four: isopropyl alcohol, ethanol, methanol, and are your thoughts on "benchmark" values for these? Justin Dent wrote: It would be hard to set a benchmark for all volatiles and/or semi-volatiles as a whole due to the ambiguity of the term "volatiles": EPA's definition of VOC's is as follows: (VOC) means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. (40 CFR Part 51,.100(s)) It then goes on with a huge list of various chemicals and exceptions to the rule. The shear magnitude of the different types of chemicals that can be classified as a VOC would make a benchmark very hard to define, and the toxicities of these compounds range from non -toxic to extremely toxic. When you add semi-volatiles to the mix it gets even more ambiguous. Therefor,to set a benchmark for VOC's as a whole would not be representative of the risk of each individual compound. On the other note I mainly use ECOTOX for my aquatic life toxicity values. It's the most reliable source. It allows you to search for some groups of organic compounds such as PCB's and PAH's but that's about it. There are other databases such as PAN (a pesticides database), but I try to stay away 1 of 2 3/30/2007 10:00 AM Re: Stormwater Benchmark, Volatiles from these if I can. Thanks, Justin Kelly Johnson wrote: Justin - Is there such a thing as a test for "volatiles" and/or "semi_volatiles" that would encompass xylene(s) and other compounds? It seems like I should be able to set a benchmark for these chemicals as a whole as opposed to identifying several different volatiles and putting them in the permit. I know that there is a GC method for finding volatiles/semi-volatiles. where do you guys find the info that you use set these benchmarks? I went to EPA's Ecotox site and tried an advanced search for chemicals. But, the only options are either to search by chemical name or by CAS # (no option to search by property). So, that didn't work out. I also tried EPA's Sector -Specific permit for stormwater, but "volatile" does not appear in that permit text either. lustin.dent@ncmail.net wrote: Kelly, to KJ The value for Xylene is based on a mixture of the o,m, and p isomers of xylene. The reason m-xylene has a larger number is because that isomer is shown to be more toxic than the other isomers. So the ECOTOX values for xylene is based on exposure to an equal mixture of o,m, and p isomers which is less toxic than a solution of only m-xylene. Therefor, I would use the mixture benchmark unless you know there is only one specific isomer detected. I'll mention the MEK (2-butanone) benchmark to Connie when she gets back. Hope this helps! Justin 2nf2 iiimmnny in.nn e*e r� DTii�t� ��:) a r ,` • � /� � i� r,/a �i+./, I' �.; c a /%^� ,ire !.w . . all Review notes for draft NCS0002446 American Distillation Comuany. Inc. By KBP for Kelly Johnson 3/2/07 Permit History RvxD)tfknt 1. First Issued 1/1/95 to American Distillation Company for same name in Leland, Brunswick County; to Cape Fear River, class SC; annual for TSS, COD, BOD, pH, toluene, TKN; w/cutoff values. No vehicle maint monitoring. RDxo 2. Reissued 1/1/00; added O&G; added vehicle maint for pH, O&G, TSS; four samples in the last year w/ no cutoff values. ,-**'3. Renewal submitted 7/9/04 and revised 10/13/04; high values at least once on all parameters except pH. Visuals reporting inadequate. -'4'. NCG50 for CT and boiler blowdowns and SW8930501, low density. Review Issues ROtXtj -]� Agree that receiving water may be Cartwheel Branch (SC Sw) rather than CFR. --2: Facility handles organics and organic solvents - Is toluene sufficient indicator AoDC-ID Not parameter to cover potential on -site chemicals? Suggest site visit or other means to ascertain chemical inventory. Perhaps tank farm list w/contents. Potentially add other organics as monitoring parameters. �. Concur with questions of how are containment volumes checked before release? For example, toluene, alcohols, and other organics may not be visually obvious if present in rainwater in a secondary containment structure. Likewise, dissolved salts may not be visually obvious. Permittee indicates GC analysis. Need to confirm? Ccrnf<<rV && 21 }7 fcq 4. Peer opinion as to prudent containment wall height: As general engineering practice, I've seen containment areas sized for the volume of the largest tank (in case it leaks out), plus additional height based on either a nominal 6" or 12" or on some rain event. The 25-year rain in Wilmington is 8", which would be readily converted to r(� r maybe 12" or more depth when you consider the volume not available for storage �L�R(,YY�++rQ due to the footprint of all the other tanks in any of the 5 containment areas. I_f these I � y T 0 guys already have the largest tank plus 12" for each containment area, I'm uncomfortable going back to them, and saying, "OK, now you have to add another nuf aC75i�w'Q '�' 12" on top of your current containment wall as freeboard." I mean, there would be * nvs. wall construction, access stairs to retrofit, a myriad of pipes to reroute at this type of facility (consider that with all these tanks, they certainly have numerous pipe manifolds at the -walls for loading and unloading), conduit to reroute, potentially pumps to remount, etc. It just seems to me that without a hard regulatory basis, we're asking for engineering work that goes beyond my intuitive sense of the balance point that underlies reasonable engineering construction in terms of a non - quantitative feel for cost/benefit. This is all intuitive on my part, and I'm open to revising my opinion. However, if we visit, and we see that the several wall heights are clearly not sufficient; or not even close to the previous permit requirement, then I think we do need to pursue some sort of agreement from them to upgrade. I suspect they have some nasty organics at this site - more than just the toluene we're testing for - and that argues that containment should be effective. As an alternative to wall construction at the immediate containment areas, perhaps a piping arrangement to take overflow from the containment areas to the ponds, rather than to the stormwater swales, would work. Peer opinion as to GC testing records for waters released from containment areas: Pending evaluation of site visit and on -site chemical Inventory, my beginning prejudice its that they absolutely should conduct a test method that would capture a suite of organics and that the records should be part of the stormwater management records. Given the likely materials on site, visual checking is just not sufficient. They have an on -site GC (and from their write up, it seems that they are already using a GC for this function), and they want to reuse/reclaim these waters anyway - - it just makes sense. I agree that we could add the GC testing of secondary containment water as a permit requirement. Results to be summarized and kept on site in the SPPP for every release from secondary containment. F�xEh Draft permit site map location is erroneous, I think. Looks to me to be about 1 mile further east on NC 1431. See previous permit location. ( Note site plan reference to SR1431, and site plan note: "0.6 mile to C/L SR1430.") Draft permit Table 6 - should we adopt the Sw range for pH in this table, too? (Staff report location map, too.) American Distillation Inc. i Page] of 2 i�.i, l lJ']' lt. s.ir.4 �1^ .,I .+'•' VIII Community Relations - SARAIII: Listed below are all chemicals reported on the 7RI SARA III 313 Form R for the last reporting year: Methanol iert-butyl alcohol Methyl isobutyl ketone n-butyl alcohol Ammonia 7olune Isoamyl alcohol n-butyl chloride Cyclohexane Pollution Prevention Activities (under SARA III): All appropriate areas diked. A secondary dike has been added to the exposed perimeter Community Activities: Work with local fire departments; particularly in training. Provide FD with special MSDs as needed. http://www..americandistillation.net/Vlll.hW 3/2/2007 merican Distillation Inc. Page I of 2 P111M. 71 MPTR :dfi ,NJ�6J�3:41rt1 i!� r. ^r6��±�r�r•�r7 p y. 1 i �.-, r1, ��•: �:•. yti 11 �.,Z.,�..a{v ?I �[1. �.-'.r,{-'l �'�;.'L.�.`L J�.i r �'6�: �' . r� r�l l.,'���i .,1�, lam\ :�&�.��.f��} • •' 3 Cm- -tract XII Materials Management: C. Storage Tanks: Approximately 70 tanks are on site with a total capacity of 1,300,000 gallons. The tanks are equipped with pressure / vacuum & flame protection devices.%All tank farm areas are diked and have secondary containment. There are no underground tanks, Visual and thickness tests are routinely performed & recorded on all tanks. Drums and totes: Stored and handled on curbed -concrete pads_ . Off site warehouse storage is available when required. iq://www.americandistillation.net/Xllc.html 3/2/2007 Page I of I http://www.americandistillation.net/standard/map2.gif 3/2/2007 American Distillation Inc. Pagel of 2 rl>tina�R �u�r ��rw,r�� Marketing, technical & operations Will Oliver w.oliver@americandistillation.net Plant Manager Barry White barry@americandistillation.net Construction and SH&E Hugh Croom h.croom@americandistillation.net Laboratory & Research tarry Rosetti t-rosetti@arnericandistillation.net President & CEO Andrew J. Simmons a.simmons@americandistillatibn.net ��_i�Jf'i'•J���i�'ii-:.'��a i��� ,�.._ilil'.�;�iCyil�!li�"+:7;; .hkW3&1tFs3a%`+F'UM ):X*tC:LIL,drb]'p*M 9103710993 office 2254058321 cell 8006253930 pager 9103710993 office 9103710993 office 9103710993 office 9103710993 office Click here for map. A. Approaching from South Carolina or Charlotte, N.C., on highway 74-76-17: 1, Exit at 133 south / Southport exit and take a left under the overpass. This exit is approximately 1.5 miles before the Cape Fear River. 2. Go .6 miles to Navassa Road and take a right (there is a traffic light, a Walgreen drug store and a BP convenience store). 3. Go 1.5 miles to a 3 way fork in the road and take the middle road (Cedar Hill); you will immediately cross over a railroad track, 4: Go 1.5 miles and take the right fork in the road; this is Royster Road. 5. Come to the second gate (.7 miles) and call_ the office on the intercom for instructions. B. Approaching from I-40: 1. 1-40 terminates into highway 132. Continue on highway 132 for 1.4 miles and take a right onto Highway 74W (the Martin Luther King Expressway towards the airport). 2. Exit the MLK Expressway after 4.1 miles on the exit to Whiteville (Highway 74) and go over the bridge. 3. Immediately after crossing the bridge take a left on.Highway 421; go 1.2 miles and exit to the right onto Highway 74 West, 4. Go to the first exit on 74 (about 1 mile) and exit on the 133 south I Southport exit. Take a right at the bottom of the ramp; proceed as above at A-2. C. Approaching frorii downtown Wilmington: 1. Exit Market Street and take 3rd Street south (8 blocks) and take a right on 74 (over http://www.americandistil_lation.net/contact.html 3/2/2007 American Distillation Inc. Page 1 of 2 •�!�! �i.l.`iI I.ti•_.InL(.:?s•.�. i�it x;1 )'. L:• aJi!_�!.�.'`:I:_': Cw:razt . anufa=mm Fadiq ,hiFbn :=-bC7_t Ian :01-u IX Current Wastes: Waste Type Liquid Drums Liquid Bulk Hazardous -20 ea @ 600,000 Organics 55 gal F lbs/yr F Non -Hazardous Organics Hazardous Inorganics Wastewater 900,000 galhr T Solid Drums Solid Bulk Hazardous Waste Program- Summarize the Fallowing Elements: Labeling: Storage: Inspections: Management; Minimization: As required by OSHS & Company Tank Trucks &'Drums Daily or weekly as required; the necessary forms completed Weekly drum inspection report Continuous Objective http://www.americandistillation.net/IX.html 3/2/2007 American Distillation Inc. Page 1 of 2 MWIRITs at',Wr: uii 'R =V11 , 3._�_i-J.ti�l._���:'�.i .r 'l l�'c�sllJ { s XI Wastewater Treatement On -Site: kli4xM]CVA1M = .0311L.4tifll01M is 1 I IFE Tvi{Fvi(�j,Jl l� Neutralizing Air permit revision has been requested to permit non-hazzardous air stripping of VOC`s Discharge Permit Parameters: (NPDES or POTW) Parameter: TOC BO D Solids Volume Waste Water Discharged to? Limit Less Than 150 mg/I Less Than 30 mg/I Less Than 100 mg/i NA Cartwheel Branch http://www.americandistillation-netM.htW 3/2/2007 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alas W. Klimek, P.E. Director Division of Water Quality December 3, 2004 Earl Simmons American Distillation Co. Inc. PO Box 400 Leland, NC 28451 Subject: NPDES Permit Renewal Application Permit Number NCS000244 Individual Stormwater Permit Brunswick County Dear Mr. Simmons: The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000244 on October 15, 2004. The submitted renewal package contained the following items: ➢ Signed application ➢ Site map ➢ Analytical monitoring results summary ➢ Visual monitoring results summary ➢ Best Management Practices summary ➢ Narrative describing significant changes at the permitted facility ➢ Signed Stormwater Pollution Prevention Plan certification A preliminary review of the submitted renewal application package has been conducted, and it appears to be complete. No further information is required at this time. If you have any questions about the renewal process or would like to discuss this letter, please contact me at (919) 733-5083, extension 537. Sincerely, nathan A. Diggs Environmental Engineer cc: Wilmington Regional Office Stormwater: Permitting Unit Central Files Carolina dvairrra!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-161.7• Phone (919) 733-7015 Customer Service Intemet h2o.enr.state.nc.us - 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity /Aftmative Action Employer — 50% Recyde&i 0% Post Consumer Paper I.� WAToNENaiNEEPiN'C7 October 13, 2004 Stormwater & General Permits Unit 1617 Mail Service Center Raleigh, NC 27699-1617 k' ........ �� A.7iK;P•.kaf��..:-,.n.r..�„-,rJ+��L�...al:�i.'wa:..i:�i.; �:� Re: Modifications to NPDES Stormwater Permit Renewal, American Distillation Co., Inc. To Whom It May Concern: Enclosed is a revised copy of the renewal application form and attached information, for the NPDES Stormwater Permit, No. NCS000244, for American Distillation Co., Inc. (ADI). There were modifications to the names and addresses in the following sections: Spill Prevention & Response Plan Contingency Plan & Emergency Procedures If you have any questions or need additional information please call me at 910-259-4800. Sincerely, Jason L. Williams 101304NMESrovis ams Tel: 910-2594WO PO Box $95, Burgaw, North Carolina, 28425 Fax: 910-259-1779 • '• :•. �ii IE ... ► wRrrq PERMIT COVERAGE RENEWALAPPL19ATiON.LORM Ptrmll Number National Pollutant DbeharV F. ndnatiwt System E: NCS000244 Starmwater DlseMrp Permh THIS APPLICATIOI+i MUST a8 SIGNED AM ItEnMMM ALONG WITH rlK R£QUigTM SUFt=i ENtAL uwoRMATION TO Tm DIY. OF WAmR QUALrry IN ORDER FOR YOUR FACILITY TO QUALIFY FOR REOMWAL OF YOUR YWRNWATER VMMIT NCS002" The following it the information currently in our database for your facility. Pie= review this information carefully and make all corrections as necessary in the space provided to the right of the current information. OWNER 1bfFORMATI0N Owner/Org. NGnW: AMERICAN DISTILL AMON CONC Owner Contact: Mailing Address. Phone Number: Fax Number E-mail address: MrL.ITY INFORbIATION Facility Name: AMERMAN DISTiLLA-MONCO p4C Facility Contact: Facility Address: 220 OLD DAIRY RD. WILMINOTW HC 29i05 Phone Number: Fax Ntmlber E-mnll address: RMATI Pbrmit Contact: JDSEPH SPAHR Mailing Address' No sox 40o I AKD. KC2S45t Phone Number, 9t94325667 Fax Number: E-mail address: MCHARGE jtjF0gM,%TIgN Discharge Receiving Water: CAME FEAR RIVER Suum Class: SC Basin: Sub -Basin F: o3w7 Number of outfails. I CMIN that 1 am familiar with the information. contained in the application and that to the best of my knowledge and belief such infannation is true, eom ete and accurate. Signature Date _ LO D..a q • s--S !C I ! t�SofG��.7L Print or type name of person signing above Title Please return this completed renewal application I'cmn tn: Individual Permit Renewal Anti: Storinwaier and General Permits l:lnit 1617 Mail Service Center Raleigh. North Carolina 27699.1617 SUPPLEMENTAL IN-YORMATION REQUIRED FOR RENEWAL OF 1N1DJVJDUAl,i;P®1�-(; STORMWA'TUX PERMIT Two copies c+l'cach ol'the following. -,Fall necornpany this submittal in order for the application it, Nti considered complete: (D,,, not subma me Sate Stormu-nter Follulior, Pievention Flan) InitiaN. po !. A ctn'rent Site Map From the Stormwaler Pollution Prevcntiun Min. The Imalion ttf industrial activities (including storage of materials. disposal arras, process ti=t i :Sped Wding and unloading areas). drainage Structures, drainage areas ror each ourfall. kuilding (� locnTions sand impervious ttirfi+ces should beclearly noted. •`�� 2 A summary c+f Analytical Nioni;caing results during the term of the ex; aint, permit (;f yr;m permit required amilyiical sampling). Do not submit individual ILb reports Tlie !.ummary can consist of a table inciuding such items as o:ttfall number, parameters snmpied, ?nh j results, date sampled, and storm± event data. * I A summary of the Visual Monitoring results. Do not submit individual monitoring tu-pow, The surnmiry can consist of a table including such items as owfall number. parame,.ax . } surveved, observations. and date rnonitoringconductre. 4 A summary of the Best Mmnagemew Practices utilized ai the peamilic-d f vcility. �urnniary should consist of a short narrative dc--�L ription of each BM Vs in place at the facility. W ilic implementation of nny BMP's is pl.;n;tcd. please include information on these BMP'.. S. A short narradve describing any significant changes in industrial activities at the pc: milted facility_ Significant charges could include the addition or deletion of work processes. changes in material handling practices, changes in rna'-"W storage practices, and/nr changes in the raw materials used by the facility. G. Certification of the development and implementation of u Storm water Polluans, Prevt•nt ion Plan for the permitted facility (Sign and return attached form;. * I I' the final year analytical monitnring of the existing permit term has not been com] kicd prior ;o filing the rcne+val subrnittsl, then the last y:ars monitori-ic restelts should N" submitted within 30 days of recxipt of the laborato,-y reports. (i.& do not withhold renewal submittal waiting on tab results) Represewative storm sampling inny now be conducted anytime during the year (the Aprti to November window haF been elir-unated) and the representative rainfall event is now dertined as a storm eve.nl that measures greater than C 1 inches and is preceded by tit lead 72 hours in which no storm event measuring greater than 0.1 inches Jias occurred. Mato 12 04 08:00a American Distillation 910-371-2485 F.4 STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION At.C. Division of Water Quality, Storrnwaterand General Periniis Unit i aeility Name.: AMERICAN DISTILLATION CO INC Permit Nurnber: NCS000244 Location Address: 22)0 OLD DAIRY RD. WILMINGTON, NC 284G—c County: 6RUNSWLCK " 1 certify, under perutlty of law, thur tht: Stormwnter Pollution Prevention Plait (SPPP) document And all at;;,vh rrenis were developer) and implemented Linder my direction or %upervision in accordance With a system designed w isi.urr that qualified personnel properly gnilter and evaluate the information rezluired by the SPPP. Eased on my inyui, v Of the person or persons who rrann.ge the srs;em, or tW!sc persons dirmily respc,isible far gathering the infitrmarion, the int;trrnalion gal4cred ir, tr. the [x-5t of my knowledge and belief; tntc.. inccurate, and romplrte" "1 cer!ify that the S?PP has been developed. signed and rr_tained at the facility loc::.tion and the SPI P h;tc ;ke,i fuily implemented at the named facility location in accordance with the terms and conditions of the stttrmt%,tter cenerW hermit." "I am awart that there arc Signi.fic.int penalties for falsifying information, including dtc possibility of iines ami imprisonment for knowing v io!ations" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND TILE STORit4WATER POLLUTION PREVENTION PLAN! WITH THE CERTIFICATION. Sigtriturc ` o� s Date Print or type name of person signing above Title SP1'I'I'riunrariun 2199 Summary of Visual Monitoring NPDES Permit No.: NCS000245 Outfall No.: 001 Facility Name: American Distillation, Inc. Class: D Certified Laboratory: Environmental Chemists, Inc. Inspection Date Rainfall Amt. Ins ector Remarks 12/2711999 None Hugh Croom H.C. No Comment 1/10/2000 None H.C. No Comment 1/18/2000 None H.C. No Comment 1/24/2000 None H.C. No Comment 1/31/2000 None H.C. No Comment 2/6/2000 None H.C. No Comment 2/14/2000 None H.C. No Comment 2/21/2000 None H.C. No Comment 2/28/2000 None H.C. No Comment 316/2000 None H_C_ No Comment 3/14/2000 None H.C. No Comment 3/20/2000 None H.C. No Comment 3/27/2000 None H.C. No Comment 4/3I2000 None H.C. No Comment 4/10/2000 None H.C. No Comment 4/17/2000 None H.C. No Comment 4/24/2000 None H.C. No Comment 5/1/20D0 None H.C. No Comment 5/9/2000 None H.C. No Comment 5/15/2000 None H.C. No Comment 5/22/2000 None H.C. No Comment 5/29/2000 None H.C. No Comment 6/5/2000 None H.C. No Comment 6/12/2000 None H.C. No Comment 6/26/2000 None H_C. No Comment 7/3/2000 None H.C. No Comment 7/10/2000 None H.C. No Comment 7/17/2000 None H.C. No Comment 7/24/2000 None H.C. No Comment 7/30/2000 NIA H.C. Observed during heavy rainfall. Some cAoudy water. 7/31/2000 None H.C. No Comment 8/7/2000 None H.C._ No Comment 8/14/2000 None H.C. No Comment 8/22/2000 None H.C_ No Comment 8/28/2000 None H.C. No Comment 9/5/2000 None H.C. No Comment 9/11/2000 None H.C. No Comment 9/18/2000 None H.C. No Comment 9/2512000 None H.C. No Comment 10/2/2000 None H.C. No Comment 10/9/2000 None H.C. No Comment 10/.10/2000 None H.C. No.Comment 10/23/2000 None H.C. No Comment 10/30/2000 None H_C. No Comment 1116/2000 None H.C. INo Comment 11/13/2000 None H.C. No Commen] 11/21/2000 None H.C. No Comment 11/27/2000 None H.C. No Comment 12/4/2000 None H.C. No Comment 12/12/2000 None H.C. No Comment 12/18/2000 None H.C. No Comment 12/26/2000 None H.C. No Comment 1/212001 None H.C. No Comment 1/8/2001 None H.C. No Comment 1/16/2001 None H.C. No Comment 1/22/2001 None H.C. No Comment 1/30/2001 None H.C. No Comment 2/6/2001 None H.C. No Comment 2/12/2001 None H.C. No Comment 3/5/2001 None H.C. No Comment 3/12/2001 None H.C. No Comment 3/19/2001 None H.G. No Comment 3/266/2001 None H.C. No Comment 4/2/2001 None H.C. No Comment 4/9/2001 None H.C. No Comment 4/16/2001 None H.C_ No Comment 4/23/2001 None H.C. No Comment 4/30/2001 None H.C. No Comment 5/7/2001 None H.C. No Comment 5/14/2001 None H.C. No Comment W21/2001 None H.C. No Comment 5/28/2001 None H.C. No Comment 6/512001 None H.C. No Comment 6/11/2001 None H.C. No Comment 6/18/2001 None H.C. No Comment 6/26/2001 None H.C. No Comment 7/212001 None H.C. No Comment 7/9/2001 None H.C. No Comment 7/17I2001 - None H.C. No Comment 7/24/2001 None H.C. No Comment 7/30/2001 None H.C. No Comment 8/6/2001 None H.C. No Comment 8/14/2001 None H.C.- No Comment 8/23/2001 None H.C. No.Comment 8/27/2001 None H.C. No Comment 9/5/2001 None H.C_ No Comment 9/10/2001 None H.C. No Comment 9/17/2001 None H.C. No Comment M4/2001 None H.C. No Comment 10/2/2001 None H.C. No Comment 10/15/2001 None H.C. No Comment 10/22J2001 None H.C. No Comment 10/29/2001 None H.C. No Comment 11/612001 None H.C. No Comment 11/12/2001 I None H.C. INo Comment 11/Iwool I None I H.C. No Comment 11/25/2001 -10 H.C. Some discoloring of water. 11/26/2001 None H.C. No Comment 12/4/2001 None H.C. No Comment 12/10/2001 None H.C. No Comment 12/31/2001 None H.C. No Comment 12126/2001 None H.C. No Comment 1/2/2002 None H.C. No Comment 1/9/2002 None H.C. No Comment 1/14/2002 None H.C. No Comment 1/21/2002 None H.C. No Comment 1/28/2002 None H.C. No Comment 2/4/2002 None H.C_ No Comment 2/11/2002 None H.C. No Comment 2/18/2002 None H.C. No Comment 2/25/2002 None H.C. No Comment 3/4/2002 None H.C. No Comment 3/11/2002 None H.C. No Comment 3/18/2002 None H.C. No Comment 3125/2002 None H.C. No Comment 4/1/2002 None H.C. No Comment 4/8/2002 None H.C. No Comment 4/16/2002 None H.C. No Comment 4/24/2002 None H.C. No Comment 4/30/2002 None H.C. No Comment 5/6/2002 None H.C. No Comment 5/11/2002 NIA N.C. OK - Observed during rain event. 5/13/2002 None H.C. No Comment 5/20/2002 None H.C. No Comment 5/2912002 None H.C. No Comment 6/4/2002 None H.C. No Comment 6/11/2002 None H.C. No Comment 6117/2002 None H.C. No Comment 6/24/2002 None H.C. No Comment 7/3/2002 None H.C. No Comment 7/8/2002 None H.C: No Comment 7/15/2002 None H.C. No Comment 7/22/2002 None H.C. No Comment 7/29/2002 None H.C_ No Comment 8/5/2002 None H.C. No Comment 8/12/2002 None H.C. No Comment 8/19/2002 None H.C. No Comment 8/28/2002 - 4" H.C. OK - Observed duriM rain event. 9/3/2002 None H.C. No Comment 9/9/2002 None H.C. No Comment 9/16/2002 None H.C. No Comment 9/23/2002 None H.C. No Comment 9/30/2002 None H.C. No Comment 10/7/2002 None H.C. No Comment 10/15/2002 None H.C. No Comment 10/21/2002 None H.C. No Comment 10/28/2002 None H.C. I No Comment 11/5/2002 None H.C. No Comment 11/12/2002 None H.C. No Comment 11/18/2002 None H.C. No Comment 11/25/2002 None H.C. No Comment 12/4/2002 None H.C. No Comment 12/10/2002 None H.C_ No Comment 12/13/2002 WA H.C. Some off color of water. Observed during rain evens. 12117/2002 None H.C. No Comment 12/23/2002 None H.C_ No Comment 12/3012002 None H.C. No Comment 1/6/2003 None H.C. No Comment 1/14/2003 None H.C. No Comment 1/20/2003 None H.C. No Comment 1/28/2003 None H.C. No Comment 2/6/2003 None H.C. No Comment 2/11/2003 None H_C. No Comment 2/18/2003 None H.C. No Comment 2/24/2003 None H.C. No Comment 3/4/2003 None H.C. No Comment 3/11/2003 None H.C. No Comment 3/17/2003 None H.C. No Comment 3/25/2003 None H.C. No Comment 4/3/2003 None H.C_ No Comment 4/7/2003 None H.C. No Comment 4/14/2003 None H.C. No Comment 4/22/2003 None H.C. No Comment 4/29/2003 None H.C. No Comment 5/5/2003 None H.C. No Comment 5/12/2003 None H.C. No Comment 5/12/2003 None H.C. No Comment 5/27/2003 None H.C. No Comment 5/29/2003 --2" H.C. Morning, heavy rain, some off color of water. 9/18/2003 WA H.C. Heavy rain, some cloudy water. 9/22/2003 WA H.C. Heavy rain, water clear. 10/10/2003 None H.C. Some runoff. Clearwater. 10/20/2003 None H.C. No Comment 2/12/2004 —1" H.C. Some mud - OK. 2/25/2004 —1" - 2" H.C. Some off color. 5/l/2004 M4" H.C. 'fieayy rain, some off color of water. 6/4/2004 None H.C. No Comment 7/5/2004 None H.C. No Comment Best Management Practices (BMPs) Normally, stormwater is not discharged from ADI's primary storage tank This stormwater is collected in the containment area sump and transferred to storage tank for use in the plant's process cooling tower. The water is visuall inspect fore transfer to the storage tank (via manually operated sump pump). ADI has two wet detention ponds to accept stormwater from secondary containment areas. The pond located in the southwest corner of the plant is used in the event that Tank 23, the rainwater holding tank, is full. The pond located next to the boiler pad is used for rainwater discharge from the containment area around that pad. Procedures for discharging stormwater into these swales and all site specific BMP's are described in the Spill Prevention and Response Plan below. Inspection of Stormwater Conveyances The following procedure will be used to limit or prevent erosion associated with stormwater systems. A) 1. Periodic inspections (semi-annual minimum) will be performed on the entire stormwater system in conjunction with log sheet ADIB 1251-ENV-2 2. Log sheet ADIB 1151-ENV-2 will contain: Date and time Signature of inspector Work order number for any required repairs Work required under remarks Work completed date 3. These records will be kept in the main control room for a period of five years. B) All tanks and equipment will be inspected during the 6 A.M. daily inventory for any signs of leakage. Any leaks detected will be reported as outlined in the spill prevention/response program in this manual. C) A preventative maintenance program is outlined in the American Distillation, Inc_ standard operating procedure manual for process equipment reliability. (incorporated by reference) D) Cleaning of equipment and handling of cleaning materials is outlined in ADI's standard operating procedure manual. (incorporated by reference) SPELL PREVENTION AND RESPONSE PLAN The designated person responsible for spill prevention at American Distillation, Inc. is: Mr. Barry White, Plant Manager Spill Prevention Measures A list of all chemicals used or stored for use in a combined form in the plant process is kept in the plant inventory logs. (incorporated by reference) All liquid storage tanks are listed in the attached tank charts �"- 9y Rainwater collected ' the tank farm pad and the plant pad will be automatically pumped , ,'o? to Tank 23, the 0,000 Ion rainwater holding tank. Rainwater collected in the denaturant containment at the north end of the tank farm will b c ed or the presence of contaminates before manually activating the sump pump. If contaminated, it will be pumped to the distillation plant for the recovery of the expensive denaturants which will be returned to the appropriate denaturant storage tank. If not contaminated, it will be -)3� transferred to Tank 23. ? \NOW i Rainwater collected in the boiler fuel containment will check prior to pumping. If � it will be discharged into the adjacent swale or pumped to Tank 23 if needed as make up water for the plant process. If contaminated, free product will be skim pumped to the fuel tank an ater wi isso v ents umped to Tank 2 o hauled off site for disposal. The distillation process is designed to use the maximum amount of rainwater available in Tank 23. When filled, the contents of Tank 23 will b tested or contaminants. If 1L),°O° ga�tic�5 andin the current distillation process, the rainwater well be pumped into the 1U1t cooling tower as make up water. The cooling tower drift will amount t 10 m hich will be supplied from both the Brunswick County water system and Tank 23. The cooling tower blow dawn process will require on the average of .S gpm)which will also be supplied from Tank 23. In the event that the tested contents of Tank 23 indicate contamination, it will be transferred off site to a properly permitted treatment and disposal facility. 00 wsz +'roe"Fr5? The waste discharge from the plant will be an average of 1,000 gallons per day from the cooling tower blow down. This as well as the boiler blow down will discharge into the fuel pad swale. (An NPDES General Permit is in effect for the blow down discharge.) Based upon a representative laboratory analysis the cooling tower blow down effluent will have an analysis as follows: ARSENIC <0.05 me MERCURY <0.002mg4 IRON 0.8 MO BARIUM <1.00 mg/1 CHLORIDE <150 mg/1 MANGANESE <D.30 mg/1 CADMIUM <0.05 mg/1 MAGNESIUM 7 mg/1 SODIUM 500 mg/1 CHROMIUM <0.10 mg/1 pH 5.5 - 8.5 CALCIUM 500 mg/1 R.OURIDE <1.00 mg/1 NITRATE <10 mg/1 COPPER <0.5 mg/1 LEAD <0.05 mg/I SELENIUM <0.05 mgA ZINC <0.5 mg/l SILVER a0.05 mg/1 In addition to the normal waste discharge method described above, two infiltration swales will be provided for emergency conditions. The design condition for these swales assumes that Tank 23 is hell (10,000 gallons). The plant is in an extended shut down if a /A./� V-) major rainfall condition occurs. The tank farm and plant swale is designed to discharge 7.44 inches of rainfall within fiveday periods at the rate of 8 gpm. The fuel tank Swale, as designed, will discharge 7.44 inches of rainfall in one day at a rate of 1.3 gpm. Rainfall from the secondary containment will be dischargeable into the lined swales only after testing for contaminants. If non -dischargeable contaminants are present, the rainwater will be held in the containment dikes since a total of 15 inches of rainfall storage is available within the dikes. If feasible, contaminated stormwater will be distilled on -site to remove contaminants and the decontaminated stormwater will be infiltrated into the ground via on -site swales. Otherwise, contaminated stormwater will be shipped off -site for disposal at an authorized site. The discharge valves on both swales will be locked at all times. If discharge becomes necessary, the foIIowing procedure will be used in conjunction with log sheet ADIB 1150 ENV. (See Attachments). # Visual check for color, odor, foam and visible sheen. * Documentation of individual making the observation, the description of the accumulated release. * These records will be kept in the main control room for a period of 5 years. Figure 8 is a process diagram of the distillation plants O r� As stated previously, no discharge will be made to the infiltration swales until chemical analysis of the effluents reveal discharge suitability. The plant will be equipped with a flame ionization gas chromatograph, which will be of use in analyzing proposed infiltration swale discharges. Tests of proposed ground water discharges will include analysis for all constituents present at the site by methods acceptable to NCDENR. It should be emphasized that any discharge of rainwater effluent into the infiltration swales will be extremely rare due to the need to recover both the water and the potential contaminants for use in the production processes as well as the high volume of secondary containment proposed. As stated before, loading and unloading of tank trucks is done on diked truck pads ,- adjacent to the tank farm and plant, and the diked truck pad on the east side of the fuel oil r1 pad. Sloping concrete pads of these areas will be provided to direct any inadvertent loading or unloading spills to the pad sumps for containment and appropriate disposal_119, All loading and unloading hoses will be blown clear of any liquids, by using nitrogen, C'& before hoses are disconnected. Security The easily accessible portions of the plant are fenced and all the unattended gates are securely locked after regular office hours. Adequate outside illumination is provided by a series of mercury arc lamps. As a result, visual inspection for spills is easily accomplished. 24 hours per days, 365 days per year, security is provided by High Rise Service Company. Emergency Equipment A. Fire Extinguishers: 1. There are currently 10 fire extinguishers on the site at various locations which are marked on the included site map. All of these are inspected by ADI personnel on a monthly basis, and professionally inspected on an annual basis. 2. There is a foam system with all necessary hoses, nozzles, and other equipment required to fight a major fire. B. Spill Control Equipment: The following pollution control materials are maintained in the plant and are stored in the boiler house. ABSORBENT BLANKET'S -BALES OF 18" x 18" MATERIAL. ABSORBENT GRANULES - 2 CUBIC FEET: 1 SHOVEL MISCELLANEOUS TOOLS - (SHOVELS, EPC.) In addition to the material noted above, additional absorbent blankets are stored in the neighboring High Rise Service Company shop and absorbent granules are maintained in the storeroom inventory. C. Communication Equipment: A two-way radio and an internal telephone system is available at all times. D. First Aid Equipment and Facilities: 1. A first aid station is available at the front office building, the laboratory, and the control building. It is equipped to handle the first aid necessary for most minor injuries. 2. Eye wash and safety shower facilities are provided in the areas marked on the included site map. Procedures for Handling and Reporting Incidents A_ Person or persons responsible for observing the occurrence of a spill shall notify the proper personnel immediately as follows: Weekdays: Notify the supervisor on duty. If not available, notify the operator responsible for the operations and the tank farm supervisor. The operator and tank farm supervisor shall notify the works manager. It is the immediate responsibility of operating personnel to take immediate steps to safeguard persons, to secure operations, to protect property, and to avoid water pollution. Help should be requested as needed. As soon as possible, the works manager or superintendent of operations shall notify the U.S. Coast Guard and NC Department of Environment and Natural Resources authorities by telephone, followed by written confirmations. The written notification shall include any pertinent information explaining the cause of the incident and steps taken, or in progress, to prevent the incident from recurring. Nights, Weekends, and Holidays: Notify the shift leader on duty. If not available, notify the operator or assistant operator responsible for the area. The shift leader and operator assistant shall take immediate steps to stop the incident, safeguard personnel, protect property, and secure operations. Help should be requested as soon as needed. As soon as possible, the incident should be reported to the plant manager. The plant manager or designated representative shall notify the U.S. Coast Guard and the NC Department of Environment and Natural Resources by telephone as soon as possible, following the incident. All such calls will be followed by a written report. This will include all pertinent information explaining the cause of the incident and the step taken, or in progress, to prevent the incident from recurring. B. Shift. Leaders After all necessary corrective steps have been taken to eliminate the problem, the shift foreman involved will submit an incident report to the plant manager, with a copy to the corporate environmental manager. (See Attachments) Emergency Telephone Numbers Response Team Barry White (910) 254-4626 Handheld (910) 430-5720 American Distillation, Inc. (910) 371-1924 Earl Simmons (910) 794-8468 Earl Simmons Mobile (910) 512-6970 Ashley Anderson (910) 470-1355 U.S. Coast Guard Response Office (910) 815-4895 Nights, Weekends, and Holidays (800) 325-4956 Fax (910) 815-4523 National Response Center (800) 424-8802 Environmental Protection AgencX Atlanta, GA (404) 562-9900 NC DENR Wilmington Office (910) 395-3900 Navassa Volunteer Fire Dept. Emergency 911 Administration (910).371-6262 Navassa Police Department Administration (910) 371-0155 Emergency 911 New Hanover County Sheriff Emergency 911 Administration (910) 341-4200 New Hanover Count Emergency 911 Poison Control Center Emergency (910) 343-7046 Wilmington Police ftartmecrt Emergency 911 Administration (910) 343-3600 Wilmington Fire_Deparhnerrt Emergency 911 Administration (910) 341-7946 NC Highway Patrol Emergency 911 Administration (919) 733-7952 (800) 334-7411 Leland Rescue S Administration (910) 371-2086 Brunswick County Sheriff_ Emergency 911 Administration (910) 763-7401 Cape Fear Memorial HoV (910) 452-8100 North Brunswick Urges (910) 371-0404 Brunswick County Emergency Management Randy Thompson (910) 253-4376 Pager (800) 579-7693 Mobile (910) 520-2662 Emergency Coordinator Hugh Croom is the designated emergency coordinator at American Distillation, Inc. In the event Mr. Croom cannot be contacted, Earl Simmons will assume this role. Should neither of the above be available, any of the other key ADI personnel listed above will serve as an alternative emergency coordinator. PREVENTATIVE MAINTENANCE AND GOOD HOUSEKEEPING American Distillation, Inc. has a number of written Standard Operating Procedures or SON which are located in the plant control room that cover facility operation, maintenance, inspection, and storage practices. These SOP's are hereby incorporated by reference in this plan_ TRAINING SCHEDULES Personnel Tanning A. American Distillation, Inc. has a number of written Standard Operating Procedures or SOP's used to train employees to prevent and respond to spills. The SOP's listed below are included by reference as part of this SPPP/SPCC/Contingency Plan. EMERGENCY RESPONSE PLAN ACCIDENT PREVENTION AND HEALTH HAZARD COMMMCATION PROGRAM B. The facility has determined that the personnel in charge have adequate experience to operate the pollution control equipment. C. This facility has determined that the designated person in charge (emergency coordinator or alternates) knows the following: 1. Appropriate rules and regulations for pollution prevention and hazardous waste management. 2. The operating procedures for the facility, as described in the operations manual. 3. The proper release reporting procedure. Docwnentation of Training A Each shift leader and assistant operator will be trained on an annual basis on proper spill response and clean up procedures. B. This training will be documented using the ADIB 10.6 page 11 check off record_ Responsibility A Responsibility for the proper instruction of personnel: Overall - Hugh Croom B. Responsibility for spill prevention: Ashley Anderson Sr. C. Responsibility for containment and clean up: Ashley Anderson Sr. D. Responsibility for regulatory compliance: Hugh Croom CONTINGENCY PLAN AND EMERGENCY PROCEDURES In case of fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment, the provisions of this section will be carried out immediately. Agreements with Local Government Organizations; Officials. FAwtgency Response Teams, and Hospitals American Distillation, Inc. certifies that it has attempted to make arrangements with the following to coordinate emergency services pursuant to 40 CFR 265.37: • Local Police Department Local Fire Department • Local Hospitals • State Emergency Response Teases • Emergency Response Contractors • Equipment Suppliers Any refusals by State or local authorities to enter into such arrangement with American Distillation shall be documented in the operating record Names, Addresses, Phone Numbers, of All Personnel Qualified to Act as Emergency Coordinator As stated previously in this plan, Hugh Croom (Safety, Educational, & Environmental Manager) will assume the role of Emergency Coordinator. In the event Mr. Croom cannot be contacted, Earl Simmons will assume this role. Should neither of the above be available, any of the other key ADI personnel listed below will serve as an alternative emergency coordinator. Barry White (910) 254-4624 441 Darlington Ave., Unit 306 Wilmington, NC 28403 Earl Simmons (910) 794-8468 Unit 306, Wilmington, NC Earl Simmons (Mobile) (910) 512-6970 28403 Ashley Anderson Sr. (910) 470-1355 27922 Hwy 210E Currie, NC, 28435 At all times at least one person in the above list will be either on the facility premises or on call with the responsibility for coordinating all emergency response measures. Equipment LW A list of all emergency equipment at American Distillation, their location, physical description, and capabilities was previously mentioned in the section titled "Emergency Equipment". Evacuation Plan In the event that it becomes necessary to evacuate the plant, all personnel will exit the American Distillation plant via either the north or east fence gates and continue to proceed west on Royster Road which borders the northern boundary of the plant property. There are no alternate evacuation routes because the only way the plant may be accessed is by Royster Road. Spills, Overflows, Fires or Explosions Environmental Protection Agency (EP) 40 CFR 302 has set forth reportable quantities (RQ) limits for each hazardous waste for spills/overflows. These limits can be found in 40 CFR 302, American Distillation, Inc. has posted a list of all of its materials (RQ) on site. A. If a spill/overflow should occur it needs to be reported to the plant manager or environmental manager as soon as possible. The amount released will be determined by the most accurate means readily available. If the amount exceeds the reportable quantities (RQ) value it will be reported to the US Environmental Protection Agency (EPA) and the North Carolina Department of Environment, Health and Natural Resources (DEHNR). B. Each hazardous waste has its own RQ amount of reportable material. American Distillation, Inc., has hazardous material that ranges in RQ reportable from 10 pounds to 5000 pounds therefore it is very important that you are always aware of the material that you are processing or may be handling. C. In the event of a spill/overflow it is essential that the event be contained as soon as possible to avoid the spread of contamination. D. It is essential that a clean-up takes place as soon.as possible. Although the material may be contained, it could affect the groundwater and surrounding soils- E. In the event of a fire or explosion, the following procedure must be used- 1. ADI has no fire brigade so employees can only defensively fight a fire after calling 911 as long as they do not expose themselves to danger of injury or death. F. If the facility stops operations in response to a fire, explosion or release, the emergency coordinator will monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate. G. Immediately after an emergency, the emergency coordinator will provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion, at the facility. _ H. The emergency coordinator will insure that, in the affected area(s) of the facility: 1. No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and 2. All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed. I. The owner or operator will notify in the regional administrator, and appropriate state and local authorities, that the facility is in compliance with paragraph "H" of this section before operations are resumed in the affected area(s) of the facility. J. The owner operator will note in the operating record the time, date, and details of any incident that requires implementing the contingency plan_ Within 15 days after the incident, he will submit a written report on the incident to the regional administrator. The report will include_ 1. The name, address, and telephone number of the owner or operator; 2. Name, address, and telephone number of the facility; 3. Date, time, and type of incident (E.G., Fire, Explosion); 4. Name and quantity of material(s) involved; 5. The extent of injuries, if any; 5. An assessment of actual or potential hazards to human health of the environment, where this is applicable; and 7. Estimated quantity and disposition of recovered material that resulted from the incident_ RESPONSIBLE PARTY The designated person responsible for the overall coordination, development, implementation, and revision to this plant is: Mr. Barry White, Plant Manager Appropriate amendments will be made to the SPPPISPCC/Contingency plan whenever • There is a change in design, construction, operation, or maintenance which has a significant impact on the potential for discharging pollutants to surface waters of constituents, or changes the response necessary in an emergency. • The list of emergency coordinators changes. • The list of emergency equipment changes. Summary of Analytical Monitoring NPDES Permit No.: NCS000245 Outfall No.: 001 Facility/ Name: American Distillation, Inc. Class: D Certified Laboratory: Environmental Chemists Inc, i Parameters nits BODS m TSS m COD TKN m Oil & Grease m Toluene a S.U. Total Rainfall Event Duration Corte 00310 00530 00340 00625 00560 34010 00400 {Indies) (Min.) ;1 Sample DateM.� 9/18/2003 14 120 81 3.9 2.9 BQL 6.82 1.72 900 9/23/2003 6 37 177760 27.7 2.9 8.15 6.83 0.3 240 10/25/2003 12 93 151 6.7 7 BQL 6.99 0.35 300 12/4/2003 2020 52 7340 112 204 BQL 6.51. 0.4 N/A 2/12/2004 152 59 570 1 18.2 11 BQL 6.98 0.12 720 M " _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 June 15, 1999 JOSEPH SPAHR AMERICAN DISTILLATION CO. P.O. BOX 400 LELAND, NC 28451 1•• NCDENR NORTH C4ROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal American Distillation Co. Permit Number NCS000244 Brunswick County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000244. This permit expires on December 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 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 July 19, 1999 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 by July 19, 1999 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 $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Tony Evans of the Stormwater and General Permits Unit at (919) 733-5083, ext. 584. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Wilmington Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Emptoyer 50% recycled/ 10% post -consumer, paper i NCDENR' NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES PERMIT COVERAGE RENEWAL APPLICATION National Pollutant Discharge Elimination System Stormwater NPDES Permit NCS000244 American Distillation Co. Permit Number NCS000244 Brunswick County THIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WITH THE REQUESTED SUPPLEMENTAL INFORMATION TO THE DIVISION OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR RENEWAL OF YOUR STORMWATER PERMIT NCS000244 PERMIT RENEWAL INFORMATION 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. Facility Name: American Distillation Co. Mailing Address*: P.O. BOX 400 LELAND, NC 28451 Location Address: 220 OLD DAIRY RD. WILMINGTON, NC 28405 Facility Contact: JOSEPH SPAHR Phone Number: (919) 452-5663 Fax Number: No number on file E-mail address: No address on file * This is the address to which all permit correspondence will be mailed CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Print or type name of person signing above Date Title Please return this completed renewal form, the information as requested on the next page, and any relevant documentation to: Individual Permit Renewal Division of Water Quality/ WQ Section Stormwater and General Permits Unit Post Office Box 29535 Raleigh, North Carolina 27626-0535 Attn: Tony Evans State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary . Kerr T. Stevens, Director December 10. 1999 Mr. Joseph Spahr American Distillation Co., Inc. Post Office Box 400 Leland, North Carolina 28451 A 67,?W'A NCDENR NORTH CAROUNA DEPARTMENT OF EtwiRONMENT AND NATURAL RESOURCES Subject: Permit No. NCS000244 American UistilIation Co., Inc. Brunswick County Dear Mr. Spahr In response to your renewal application for continued coverage under NPDES stormwater permit NCS000244, the Division of Water Quality (1)WQ) is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. Please note that the Division has revised the analytical monitoring strategy for individual stormwater permits. Based on a review of the permit monitoring data received to date, the analytical monitoring measurement frequencies have been changed and cut-off concentrations have been removed. These changes will be implemented for all second term individual stormwater permits with analytical monitoring 1'egU i rements. For those permits with analytical monitoring requirements, Part II - Monitoring, Conti-ols, and Limitations for Permitted Discharges has been modified to reflect the change in monitoring strategy. The qualitative monitoring strategy remains the same as the first term of the permit. Please note that the semi-annual qualitative monitoring is a requirement of the permit. Failure to complete the monitoring as required is a violation o!' t he permit and any permit noncompliance constitutes a violation of the Clean Water Act. Refffcnce Part 11, Section A, Item 2 "Duty to comply", Item 9 "Penalties for Tampering " and 1te:n 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an ,0.$i!{Iieatory hearing upon written request within thirty (30) days following receipt of this lett., r. This request must be in the form of a written petition, conforming to Chapter 150B of thc iNorth Carolina General Statutes, and filed with the Office of Administrative Hearings, Post (.`I ice Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this dc.c.ision. shall be final and binding. Please take notice this permit is not transfenihle. Part.11l, B.2. addresses the requirements to be followed in case of change in ownership or cf ::?trol of this discharge. la� 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 Page 2 This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Tony Evans at telephone number gign33-5Q83 ext. 584. Sincerely, ORIGINAL SIGN®BY WILLIAM C. MILLS for Kerr T. Stevens cc: Mr. Roger O. Pfaff, EPA Wilmington Regional Office Permit No. NCS000244 s' STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, American Distillation Company is hereby authorized to discharge stormwater from a facility located at American Distillation Company 1690 N. E. Royster Road Leland, NC Brunswick County to receiving waters designated as the Cape Fear River, Class SC stream, in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, H,1II, IV, V and VI hereof. This permit shall become effective January 1, 2000 This permit and the authorization to discharge shall expire at midnight on December 31, 2004. Signed this day December 10, 1999. COGINAL SIGN® BY WILLIaM C. MILLS for Kerr T. Stevens, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000244' TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II -MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS 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 d ` Permit No. NCS000244 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 I. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000244 • • . - • , 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. 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 which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All 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. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 S �+ Permit No. NCS000244 MI f��, _ !� - .-•mot' , rIr�#— —4 � I _ � I{ N -SECTION C: LOCATION MAP y 4I ! `\ \ •� 46 • lie_ _ �'.. — ;_� + f +� — �_ � � ��jj��.r.� Cedar Hot —�-97 { `s Lel 1d Y '.� - - a �� t Pork j - � -�=Val .1434 434 . ` , "b • • • 7 .•. •• ....,;ram 2,3C, 173 '74 r w.�s,o._a�o.00e.� .wl.n. as*w• ow+.— + � i$roo' 76 ROAD MSSQ-7GifON Priiam U&.duty io@4 bwd or hwdfi. ,r....... �—� a^►ed s�afa� • - • - �� budsewsw+e . t)nimproved nand... . m 0 Part I Page 2 of 2 U. 5- �R stm r✓---- C. -::� Lt t *gyp. N. C. Permit No. NCS000244 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (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. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area.that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and Part H Page 1 of 6 Permit No. NCS000244 nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide -secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the. containment area shall be A a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to re ease 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 narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of "sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response.Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the 'SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a'SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the.SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment Part II Page 2 of 6 Permit No. NCS000244 and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. S. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater, runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a -change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring -as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part H Page 3 of 6 Permit No. NCS000244 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 4 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 4 analytical samplings in accordance with the schedule specified below in Table 2. Table 1. Analytical Monitoring Requirements Discharge =. Characteristics - Units Measurement Frequencil -'Sample Type2 Sample . Location! Biochemical Oxygen Demand mg/1 Quarterly- 4`" year Grab SDO Chemical Oxygen Demand mg/1 Quarterly- 4`" year Grab SDO Total K'eldahl Nitrogen mg/1 Quarterly- 0 year Grab SDO Oil and Grease mg/1 Quarterly- 4'" year Grab SDO H S.U. Quarterly- 4'" year Grab SDO Total Suspended Solids mg/1 Quarterly- 0 year Grab SDO Toulene Me Quarterly- 0 year Grab SDO Total Rainfa114 inches Quarterly- a year Event Duration4 minutes Quarterly- a year Total Flow4 MG Quarterly- 4'" year _ SDO Footnotes: l Measurement Frequency: Once per quarter during the 4" year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 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. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 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, storm duration, and total flow must be monitored. 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. Part 11 Page 4 of 6 Permit No. NCS0002" Table 2 Monitoring schedule (for Permits issued 01/01/00 only) = moriitorind-period Sdfnple Number ." Start- End Year - I" quarter 1 January 1, 2003 March 31, 2003 Year 4 - 2'd quarter 2 April 1, 2003 June 30, 2003 Year 4 - 3`d quarter 3 July 1, 2003 September 30, 2003 Year 4 - 4°i quarter 4 October 1,.2003 December 31, 2003 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 below in Table 3. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. 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 Stormwater Pollution Prevention Plan. All qualitativemonitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 3. Qualitative Monitoring Requirements Diseharge-Chiiracteristics _ = -: Frequency . Monitoring _ Location1 Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Sus ended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Part II Page 5 of 6 Permit No. NCS000244 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 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 4 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 4analytical samplings in accordance with the schedule specified in Table 2 (Part II, Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Frequencyl Sample Type2 Sample Location3 H standard Quarterly- 4i° year Grab SDO Oil and Grease m Quarterly- 41° year Grab 'SDO TotaI suspended Solids m Quarterly- 0 year Grab SDO New Motor Oil Usagegallons/month Quarterly- 4' year Estimate - Total Flow4 MG Quarterly- 4" year Grab SDO Footnotes: I Measurement Frequency: Once per quarter during the year of the permit term. A year is defined as the 12 month.period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 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. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (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. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Part 11 Page 6 of 6 Permit No. NCS000244 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: 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. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. Duty 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 reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 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 maybe assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6Aj 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 1 penalty assessed not to exceed $25,000. Penalties for Class H violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. Part III Page 1 of 8 Pages Permit No. NCS000244 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the pern-dnee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6B, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Proyertty Rights The issuance of this individual permit does not convey any property rights in either real or personal property,. or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part M Page 2 of 8 Pages Permit No. NCS000244 10. Penalties for Falsification pf Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained, under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS 1. Individual Permit Expiration The permittee is not authorized to discharge after the expiration 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 190 days prior to the expiration date. Any permittee that has not requested renewal at least.180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.6A and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may -be necessary under the Clean Water Act. 3. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to he covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager, of,one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; Part III Page 3 of 8 Pages Permit No. NCS000244 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification, Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. at. Permit Actions The,permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Part III Page 4 of 8 Pages Permit No. NCS000244 Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be'changed without notification to and approval of the Director. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The-individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The dates) analyses were performed; d. The individual(s) who performed the analyses; 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. Part ID Page 5 of 8 Pages Permit No. NCS000244 - - Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314. of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting Ievel of the procedure. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original.strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and 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 individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part III Page 6 of 8 Pages Permit No. NCSO00244 SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. Documentation of the qualitative monitoring associated with the initial analytical monitoring event shall be included with the required analytical monitoring submittal for the first year of the permit coverage. Analytical results from sampling during the final year of the permit coverage shall be submitted with the permit renewal application. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Central Files Division of Water Quality 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, alf reports prepared in. accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 4_ .. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Chany-es The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Part M Page 7 of 8 Pages Permit No. NCS000244' ' BYpas Anticipated bypass. if the permittee knows in advance of the need.for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass- b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the 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. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part 1H Page 8 of 8 Pages Permit No. NCS000244 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved -under Sections 302(b) (2) (c),.and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than.any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with ISA NCAC 2H .0I05(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best 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. NCS000244' ' 5. Bynass 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 Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director 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 samples 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. 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. Part VI Page 2 of 5 Pages ' Permit No. NCS000244 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Dischar a 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. 18. Representative Storm Event 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. 19. RepresenjativeOytfallStatus When it is established that the discharge of stormwater runoff from a single outfalI is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 20. 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. 21. 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. 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title II1 of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also .titled the Emergency Planning and Community Right - to -Know Act of 1986; Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table I1 (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is'a pollutant for which EPA has published acute or chronic water quality criteria. Part Vl Page 3 of 5 Pages Permit No. NCS000244 , 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the.facility is required to report pursuant to section 313 of Tide III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section'311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. Stormwater Associated_ with Industrial Activitv 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 froth facilities or activities excluded from the NPDES program. 28. 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. 29. 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. 30. 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. 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of ahe Clean Water Act. Part VI Page 4 of 5 Pages 4 ' - Permit No. NCS000244 32. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 33. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 34. 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. 35. 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. Pan VI Page 5 of 5 Pages COPIES OF PERMIT ARE 1'0 BE SENT TO THE FOLLOWING: SIGNED ORIGINAL TO THE APPLICANT 1 SIGNED COPY TO CENTRAL FILES Y� COPY To REGIONAL OFFICF +�h Copy To EPA Copy To P & E FILE COPY TO COMPLIANCE (NO BP) COPY TO WAKE COUNTY COPY TO MECKLENBURG COUNTY COPY TO ESB COPY TO TRAINING & CERT. (No BP) State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Joseph Spahar American Distillation 3220 Old Dairy Rd. Wilmington, NC 2W5 Dear Mr. Spahar: A 0 I DEHNR December 6, 1994 Subject: Permit No. NCS000244 American Distillation Brunswick County In accordance with your application for a stormwater discharge permit received on September 30, 1993, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6.1983. If any parts, measurement frequencies. or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be .in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina. 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, B.2. addresses the requirements to be followed in case of change in ownership or control of this,discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Steve Ulmer at telephone number 919n33-5083. Sincerely, Original Signed By Coleen H. Sullins A. Preston Howard, Jr, P. E. cc: Mr. Jim Patrick, EPA Wilmington Regional Office P.O. Box 29535, Raleigh, North Carolina 2762"535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NCS000244 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT TO DISCHARGE STORMWATER UNDER THE 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, American Distillation Company, Inc. is hereby authorized to discharge stormwater from a facility located at American Distillation Company, Inc. SR 1431 Leland Brunswick County to receiving waters designated as the Cape Fear River, a class SC stream, in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. This permit shall become effective January 1, 1995. This permit and the authorization to discharge shall expire at midnight on December 31, 1999. Signed this day December 5, 1994. A. Preston Howard, Jr., P.E., Director Division of Environmental Management By the Authority of the Environmental Management Commission Permit No. NCS000244 PER vff= 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 which has been adequately treated and managed in accordance with the terms and conditions of this Permit. All discharges shall be in accordance with the attached schedules as follows: Part I: Monitoring, Controls, and Limitations for Permitted Discharges Part II: Standard Conditions for NPDES Stormwater Permits Part III: Limitations Reopener Part IV: Administering and Compliance Monitoring Fee Requirements Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree. Page 2 .ram. • � ``J �� � y�'.4 � + +� #+ + � + W1. s ;. Permit No. NCS000244 dW j 4 SUTTONI 171 RD Lr �^ !. f• Z Cedar Hill I - —; = �•_ oNli11 `�•t Ga �� ��• = � — T 097 asibrook Zr ■` _ AME' icn,,w �DLSTlu.wT10ti GSVal l pwk Iva am `.I61AMicalvi•� 6` /r GG1I • M3l1'�' _� VV j= • ' •Leland t :. '17 Traitor J' ► .� .• , ti . r:'iwli8. vs�..� v y. Park :Navassa •.� . �Is� ,'`y. Cb - ~'Y • : •14 •• ► ' . Page 3 r—�� ,, • •• �' ' • ' assvYous. i�� 2'3C' t• '7S • .w,l.,oa_alo.oww svara.. sn*o..�..o..,�.— .r 176u"f 761'Qa 1. wuhvm„-� 12 rJM 776 Anon n ArcuFtraTlnm Permit No. NCS000244 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES S=ON A: FINALL=ATIONS AND CONTROLS EQR STORMWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration, the Pennittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified below. 1. 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 M Standard Conditions, Section E.8. of this permit. The Plan shall include, at a minimum, the following items: a. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (1) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal.separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) 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 II, Standard Conditions, Section B.9. Page 4 Permit No. NCS000244 b. 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: (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee shall cover all storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, and visible sheens, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. 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. (3) A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. C. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in 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. d . Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's Page 5 Permit No. NCS000244 operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the Plan. f. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. g. Plan Ammendment. The pennittee 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. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part lI, Standard Conditions, Section B, #9) to the Director that the changes have been made. h. Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and. a•narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility inspections. Implementation. Implementation of the plan shall include documentation of all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with -the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request 2. Minimum Monitoring and Repmrting RQujm== Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Environmental Management a. 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. b. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultaneously Page 6 Permit No. NCS000244 with the first analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal. C. For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Part II, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: (1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color, foam, outfall staining, visible sheens, and dry weather flow are required, but analytical sampling shall not be required. (2) If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms provided by the Director no later than January 31 for the previous year in which sampling was required to be performed. e. Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. f . This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by a non-stormwater NPDES permit (2) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fine hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (3) Discharges resulting from fine -fighting. If the storm event monitored and reported in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report Page 7 I Permit No. NCS000244 g. Specific Stonnwater Monitoring Requirements The specific stormwater monitoring requirements includes both analytical and visual monitoring of stormwater samples. Specific monitoring requirements are defined below. (1) Analytical Monitoring tormwater Discharge Characteristics Units Measurement EMULgal Sample LMj2 Sample Location3 Biochemical Oxygen Demand m annually Grab SDO Chemical Oxygen Demand m annually Grab SDO Total Suspended Solids m annually Grab SDO Total K'eldahl Nitrogen M&2 Grab SDO H s . u . annually Grab SDO Toluene u annually Grab SDO Total Rainfall4 inches Event Duration4 minutes Total Flow4 JMG SDO Footnotes: 1 Measurement Frequency: Once per year with samples taken during the sampling window of April through November. The facility = perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. 2 Sample Type: Defined in Part II, Standard Conditions, Section A. 3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. 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. Page 8 Permit No. NCS000244 (2) Cut-off Concentrations For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each individual outfall and compared to the cut-off concentrations listed below. If the arithmetic mean meets the specified cut-off concentration condition for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter at that outfall unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff duality. The permittee m= perform analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. Stormwater Dischuze Oil and Grease < 30 m Biochemical Oxygen Demand < 30 m Chemical.OxyLen Demand < 120 mvA Total Suspended Solids < 100 m Total K'eldahl Nitrogen < 20 m Toluene < 40 urA Hl 16.0 to 9.0 s.u. Footnotes: 1 pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. Page 9 Permit No. NCS000244 (3) Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) andassessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge C__haractedstio EMUC=l Monitoring L=2 Monitoring n3 Color Serra -Annual Visual SDO Odor Semi -Annual Visual SDO Clarity Semi -Annual Visual SDO Floating Solids Semi -Annual Visual SDO Suspended Solids Semi -Annual Visual SDO Foam Semi -Annual Visual SDO Oil Sheen Semi -Annual Visual SDO Cher obvious indicators of stormwater ollution Sena -Annual Visual SDO Footnotes: 1 Frequency: The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring evens. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. 2 Monitoring Type: Visual monitoring requires a qualitative visual observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall (SDO) Page 10 Permit No. NCS000244 1. The permitteee shall comply with Final Limitations and Controls specified for stormwater discharges in accordance with the following schedule: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of stormwater discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part I, Section A, 1. b. 2. of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. Page 11 Individual Stormwater Page Al PART H STANDARD CONDITIONS FOR NPDES STOR.MV{fATER PERMITS •ra• • _a ra• f y. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. u UM5W31' Schedules of activities, prohibitions of practices, maintenance procedures. and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Means shall be calculated according to the following definitions: a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one {1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 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 having a total storage capacity of greater than 1,320 gallons. 5. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. The rainfall runoff from or through any coal storage pile. Individual Stormwater Page AZ The Division of Environmental Management, Department of Environment, Health and Natural Resources. The Director of the Division of Environmental Management, the permit issuing authority. 9. E= The North Carolina Environmental Management Commission. MEN FRM.. -TIMM Any substance designated under 40 CFR Pan 116 pursuant to Section 311 of the Clean Water Act. 11. Lan= 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. . -. =MIM M-., r W­i ..0 10 All municipal separate storm sewers that are either: a. Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or b. Located in the counties.with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or c.. Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. 13. 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. 14. Pe»ittee The owner or operator issued a permit. Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, Individual Stormwater Page A3 container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. A storm event that is between 0.2 and 0.8 inches of rainfall and which has a duration of greater than 3 hours and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. MMOV141 4. , The fraction of total rainfall.that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 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. A chemical or chemical category which: 2. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c . That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table n (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. KeW •t 07. M,13FTEMM 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 10104) 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. Individual Stormwater Page A4 Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantifies under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 1172r) ar-section-10ofCERCEA (Ref- 40 CFR 302.4). The flow of water which results from precipitation and which occurs immediately following rainfall or as a result -of snowmelt. 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. The term does not include discharges from facilities or activities excluded from the NPDES program. The following categories of facilities are considered to be engaging in "industrial activity": Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N Parts 400 - 471 (except facilities which are exempted under (k) of this definition); b . Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373; C. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11(1)) and oil and gas exploration, production, processing, or,treatment operations, or transmission facilities that discharge storm water contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator, d . Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; e. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are subject to regulation under Subtitle D of RCRA; f. Facilities involved in the recycling of materials, including metal scmpyards, battery ieclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard industrial Classification 5015 and 5093; Individual Stormwater Page A5 g. Steam electric power generating facilities, including coal handling sites; Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 -which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; j. Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that frve.acres of total land area which are not part of a larger common plan of development or sale; k . Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a)-0) of this defuution). For the categories of industries identified in (a) through 0) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in (k), the term includes only storrnwater discharges from all areas listed in the previous sentence (except access roads) where material handling equipment or activities, raw material, intermediate products, final products, waste material, by-products, or industrial machinery are exposed to stormwater. Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Individual. Stormwater Page A5 Industrial facilities (including industrial facilities•that areTederally or municipally owned or operated that meet the description of the facilities listed in (a)-(k)) include those facilities designated under 40 CFR 122.26(a)(1)(v). MEELMISIC D - aWI' M The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. 25. Total Flow The flow corresponding to the time period over.which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built -upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. a. Grab samples are individual samples collected.instantaneously. Grab samples that will be directly analyzed or visually monitored must be taken within the first 30 minutes of discharge. Grab samples for compositing purposes must be collected at no greater than 20 minute intervals. b. Composite Sample: a composite sample shall mean: (1) A flow -weighted composite sample, which is a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge at the time the sample is collected; or (2) A time -weighted composite sample, which is a mixture of equal volume aliquots collected at a constant interval of time. A composite sample can be obtained from the collection of a series of grab samples, taken at intervals of no greater than 20 minutes for the entire storm event or the first three hours of the.storrn event. The grab sample to be composited must be of no less than 100 milliliters. I u, ,MT1M cy- 5P Vehicle rehabilitation, mechanical repairs, painting,. fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 29. Visible cedim n etion Solid particulate matter, both mineral and organic, that has been or is being transported by water; ain-gravity;•orimfrozQ-its shrof origin which can be seen with the unaided eye. Individual Stormwater Page A7 Any non -containerized accumulation of solid, non -flowing waste that is used for treatment or storage. The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Individual Stormwater Page A8 I• ::% MKOCORNIat�aa 1. Iry to Com y The permittee must comply with all condiftntvf this permit: Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action, for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time Provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more. than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U SC 1319 and 40 CFR 122.41(a).] c. Under state law, a daily civil penalty of not more than ten thousand dollars (S 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: North Carolina General Statutes 143-215.6A] d . Any person may be assessed an administrative penalty by the. Administrator 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 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Icy to Mitigam The perminee 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. Except as provided in permit conditions on "Bypassing" (Part II, CA), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, ,the permitter is responsible forconsequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Individual Stormwater Page A9 s ,,•WMIMM7143 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. Furthermore, the pernittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 9101 �.-■% : - 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. 6. 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. . r I M. M 1 , T..►1 .. The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this permit. • err 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 such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 subjected 1251 et. seq. All applications, reports, or information submitted to the Director shall be signed and certified a. All applications shall be signed as follows: (I} For a corporation: by a responsible co orate 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 Individual Stormwater Page A 10 principal business function, or any other person who performs similar policy or decision making, functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding25 mtMon•(in secont quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For.a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. Allreports required by the 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 authorixed.representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: 1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." The issuance of this permit does not prohibit'the Director 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. . Individual Stormwater Page Al I ''.rI : ■� This 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. �UCGO •• :: r• • „:INI WINA XG)a•• s V CGRKIK•. s:• 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 the permit. r zz ... . : e „ • 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. a. Definitions (1) "Bypass" means the known diversion of stormwater from any portion of a storinwater control facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b . Bypass Not Exceeding Limitations. The perminee may allow any bypass to occur which does not cause limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. C. Notice (I) 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. Individual Stormwater Page Al2 (2) Unanticipated bypass. The perminee shall submit notice within 24 hours of an unanticipated bypass as required in Part 11, E. S. of this permit. (24- - hour notice). d. Prohibition of Bypass Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (2) 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 (3) The perminee submitted notices as required under Paragraph c. of this section. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. of this section. 4. ass a. Definition "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent, limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. b . Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are Met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions Necessary for a Demonstration of Upset A perminee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:. - (1) An upset occurred and that the permittee can identify the cause(s) of the upset; Individual Stormwater Page A13 (2) The permitted facility was at the time being properly operated; and (3) -The perminee submitted notice of the upset as required in Part IL E. 5. (b) (B) of this permit. (4) The petmittee complied with any remedial measures required under Part 11, A. 2. of this permit_ d. Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. •11(ON • • 1•; DI0XIOR07 Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. 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 shall not be changed without notification to and approval of the Director. ,.� Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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. 01EEVaq5T,,TTTM 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 Ievels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved Individual Stormwater Page A14 , methods are determined capable of achieving minimum detection and reporting levels below general permit discharge -requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 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 that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this 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. ,. M1. "Mn For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. The perminee 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; Individual Stormwater Page A15 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. The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 44 CFR Part 122.42 (a) (1). The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the permit requirements. 3. IIaoSSPrS This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may -be necessary under the Clean Water Act. 4. Monitodng &ponts Monitoring results shall be reported at the intervals specified elsewhere in this permit. 5. 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 Individual Stonnwater Page A16 of the circumstances. A written submission shall also be provided within- 5 days of the time the perminee becomes.aware.of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period ofnoncompnance, including exact dates and tunes, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: {1) . Any unanticipated bypass which exceeds. any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. The permittee shall report all instances of noncompliance not reported under Part H. E. 4. and 5. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part H. E. 5. of this permit. Where the perminee becomes aware that it failed to submit any relevant facts in a notice of intent to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act. effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.6B or in Section 309 of the Federal Act. 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 complianceor 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. Individual Stormwater Page A17 PART III LIMITATIONS REOPENER This 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 permit; or b. controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART IV ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The perminee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit