HomeMy WebLinkAboutNCS000244_FINAL PERMIT_20070330STORMWATER-DIVISIONCODING-SHEET
PERMIT NO.
DOC TYPE
`FINAL PERMIT
❑ MONITORING INFO
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ a 06-1 3%0
YYYYM M DD
o=0F W A rFgQG
r
J �
� Y
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
DATE: March 30, 2007
TO: Wilmington Star News
NUMBER: 910-343-2229
FROM: SARAH YOUNG, DIVISION OF WATER QUALITY (919.733.5083x502)
SUBJECT: PUBLIC NOTICE
PAGES: 1
Alan W. Klimek, P.E. Director
Division of Water Quality
Please publish only the information (Public Notice) below, ONE TIME in the legal section of your
paper by Tuesday, April 3, 2007. Please fax a copy of the proof to me at 919-733-9612 for final
approval prior to publication. Within 10 days after publish date, please send the invoice and two
copies of the original affidavit to:
Sarah Young
NCDENRIDWQ Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
PUBLIC NOTICE
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
American Distillation Co., Inc, has applied for an NPDES Stormwater Permit to discharge stormwater
associated with industrial activities at a facility located at 1690 NE Royster Rd, Leland, NC 28451,
Brunswick County. The facility discharges to waters designated as Cartwheel Branch, within the Cape
Fear River Basin.
Copies of the draft permit, No. NCS000244, are available at the following website:
hftp://h2o.enr.state.nc.us/su/publicnotice,htm
Or by contacting:
Kelly Johnson
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Telephone Number: (919)-733-5083, extension 376
Kelly.p.johnson@ncmail.net
Persons wishing to comment upon or object to the proposed determination are invited to submit their
comments in writing to the above address no later than May 4, 2007. All comments received prior to that
date will be considered in the final determination regarding permit issuance. All comments and requests
should reference draft permit number NCS000244.
N. C. Division of Water duality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-8053 Customer Service
1 800 623-7748
,..
ST.\Ii N} WSUNI.IN}.C:1]7.1:t�;r•1-�_--
1003 South 17th Street . P.O. Box 840 - Wffminc� ton NC 28402-0840
ClosSified Phone: 910-3•13-2323 Classlned Fax: 910-343-2207
Order: W002202119
Pubs:
115
Rate:
L9
Phone: (919)733-5083
Class:
0001
Charges:
$ 0.00
Account: N7335083
Start
04/03/2007
List Price:
$ 133.92
Name: Bryant, Carolyn
Stop
04/03/2007
Pay-
$ 0.00
Caller: Sarah/email/kjy
Inser-
2
Balance:
$ 133.92
Taken By: 43
Columns:
1
Lines:
78
Schedule: 4/3 lx, 4/3 1x, , ,
Taken On:
04/02/2007
PUBLIC NOTICE
STATE OF
NORTH CAROLINA
ENVIRONMENTAL
MANAGEMENT
COMMISSION
1617 MAIL SERVICE
CENTER
RALEIGH.
NORTH CAROLINA 276W
1617
American Oistillabon Co., Inc.
has applied for an NPOES
Stormwater Permit to discharge
stoffrr"er associated wish In-
duWal activities et a ladity lo-
cated at-1690 NE Rayster Rd,
Leland, NC 26451, runewfck
County. The fadlfry disrlrarges
to waters designated as Gmt-
wheel Branch, wWn the Cape
Fear River Basin.
Copies of the draft permit, No.
NCS0002". are avaitable at
the following webaNe:
hOP11h2a.em.aMe.ncual
suU&krw Mrfthn
Or by contact
Kely Johnson
NO Division of
1517 Meii
yYater OuatlServicery
Center
geiaigh, NC 27699-1617
Tekphome Number: (919)-733-
5083,
extension 376
�YPjdsz>mFei,nel
Persona vrfshing to comment
upon or object to the proposed
determination arc Invited to
submit their comments in writ-
Irq to the above address no
later than May 4. 2007. An
commmda received prior to that
deft will be considered In the
OnaL determination regarding
permit Issuance. Al comments
and requests should reference
drag pertnk number
NCS000244.
Attention: Fax:
This is a final proof. If any information is incorrect, please contact your sales representative prior to the deadline of the first in-
sertion. Otherwise your order is accepted as having been approved.
AFFIDAVIT OF PUBLICATION
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
PUBLIC NOTICE:.
-:STATE OF I
NORTH CAROuNA
ENVIRONMENTAL' -
MANAGEMENT","'
COMMISSION
1617.MAIL SERVICE'
-• CENTER
' RALEIGH,
NORTH CAROLINA'
27699-1617^+ .% •..
American Dislilllationlco.;
Inc. has' applied .,for -an
NPOES .Stormwatir Per-
mit- to -.discharge storm
l waterassoclated with' In-
dustnal activities'at a fa=
cllity located at'1690 NE
•Royster- Rd- Rd, Leland. NC
28451; Brunswick County.
,The faclllty dlscharges,to.
waters' . designated''_ as
Cartwheel.Branch,Lwlthin.
the Cape Fear; River Ba
sin t�1
Copies of the draft per
mit' No NCS000244„ are,
= I�:/1rt2o;enialatani`us1
+ % siJPubbaglbe hfin „ _ _
.'Or by contacting �i t
Kelly.johnsor>t__• •''
NC Division'of;'4
:Water Quality :J.�
71617Mail Service Center:
'Ralelgh; NC 27699=16177
I Telephone Number. X�,
{919)=733-5083,
-extension 376 •`s`=:
Kelhco,iahiaon@nane+i.iret:,�t�-
Peisons ,wishing to.' com
ment'upon, onoobject to
therproposed determina
tion are invited,to-subm€t.
their, comments, In writing;;
to the "above >address 'no
%later-Ahan'MayE4;:2007 '
All comments received,
';prior to?that date.will'be.
considered •`In L 1;the1,;final
determination 7 regard€ngg
permit - , issuance. _. j. All
„comments and ,requests]
should reference I.' draft
Kerrnit_'' • number-1
Before the undersigned, a Notary Public of Said County and State,
T. Weil-Tallmadge
Who, being duly sworn or affirmed, according to the law, says that he/she is
CLASSIFIED ADVERTISING MANAGER
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
PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617
American Distillation Co., Inc, has applied for an NPDES Storm water Permit to discharge
storm water associated with Indus `' t r
was inserted in the aforesaid newspaper in space, and on dates as follows
413Ix
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: CLASSIFIED ADVER. MGR
Sworn or affirmed to, and subscribed before me this day of
- Ap R_I L , A.D., P.4
In Testimony Whereof, I have hereunto set my hand and affixl.ty�ay and
year aforesaid. Gj ._ - �.
j 60TArg1-
My commission expires 1 J4 44, day of _ A 11 G- _, 20A \A
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:
Michael F. Easley, Governor
State of North Carolina
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
'IV Coleen H. Sullins, Director
Division of Water Quality
Mr. Hugh Croom
American Distillation Company
PO Box 400
Leland, NC 28451
Dear Mr. Croom:
August 31, 2007 RECUIVED
S p 0 5 2007
IM
Subject: Final NPDES Stormwater Permit
Permit NCS000244
American Distillation Company
Brunswick County
In response to your renewal application for continued coverage under NPDES stormwater
permit NCS000244, the Division of Water Quality is forwarding herewith the subject state -
NPDES permit. This permit is issued pursuant to the requirements of North Carolina General
Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US
Environmental Protection agency dated May 9,1994 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on March 30,
2007.
Please note that analytical monitoring is required in this permit. Failure to complete the
monitoring as required is a violation of the permit and any permit noncompliance constitutes a
violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9
"Penalties for Tampering " and Item 10 'Penalties for Falsification of Reports" of your permit for
further information.
Please note that your facility drains to an area where there are threatened and endangered
species. The Shortnose Sturgeon, (Acipenser brevirostrum) is an endangeredspecies that has
been identified near your facility. The American alligator, (Alligator mississippiensis) is a
threatened species that has been identified near your facility. Failure to abide by your
stormwater permit may constitute violation of the Threatened and Endangered Species Act.
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 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 Water
Quality or permits required by the Division of Land Resources, Coastal Area Management Act
North Carolina Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(919) 733-7015
FAX (919) 733-0719
On the Internet at http://h2o.enr.Mte.nc.us/
Mr. Hugh Croom
American Distillation
Permit No. NCS000244
Page 2
or any other Federal or Local governmental permit that may be required.
If you have any'questions or comments concerning this permit, contact Kelly Johnson at (919)
733-5083 x 376 or kelly.p johnsonOncmail.net
Sincerely,
r'R'r:i�1JAL �iG;�E�7 �y
BRADLEY BENNETT
cc: Wilmington Regional Office, Linda Willis
Stormwater Permitting Unit
Central Files
Attachments
for Coleen H. Sullins, Director
2
NCS000244
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 Co. Inc,
is hereby authorized to discharge stormwater from a facility located at
American Distillation Co. Inc.
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, III, IV, V and VI hereof.
This permit shall become effective September 1, 2007.
This permit and the authorization to discharge shall expire at midnight on August 31, 2012.
Signed this 31" day of August 2007.
CRiuNX,- ti.',GNED 1J"
BRADLCY 'LENNETT
for Coleen H. Sullins, 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 FOR NPDES STORMWATER INDIVIDUAL
PERMITS
Section A: Compliance
and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
Section B: General Conditions
1.
Individual Permit Expiration
2.
Transfers
1
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
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports.
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10.
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
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.
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.
Part I Page 1 of 2
SECTION C: LOCATION MAP Permit No. NCS000244
a i i I Cedar F�)
/U�
-�_: ; ��.. . - = tit — _ 1..�,•�-~ - — - ... -- —
,i ,"��• /7Fl�ME L� _ .� _ ''\ • «. -*• Sri --- --
American Distillation
of
Irk
"` .l � � : ; " `�- -- - '-�- . -\.�• �Y!':� --�'\ — � _'/_� �� — - — tip, y _
` IiJI _•� S `'�1
J �ry \ I s -.� '`'�Y r-"��._.,.�� ^�:��_ ^�y��\.._��."V7�• :may"! �-.,�
-y - r. -" _•� .. ; "�
I IASP
.� • \ �`�� ! . ��` P - I `\` �`' r � `1a I � -�'� �, ` 1 `�`` 1, t.:.--+.. �V-
-
- ' .h.r ��, , �1 ! !- n - � ;�. �• �t< �'� 7.0 s'
lb
_ •sue _ 11�'' ••� `�r.;� #
.� l �. . 7y 1 .r 5;�. • � � fNt Cahl l •�••.+
�n ia�F i•,..'-� �L•1i71•' _,�`,�,` • i ?1 1 41. '.t%N}iGhapf .�`t� t f•
r. LeiB[t •v"" :- -'s1 '1J= park' f 'r �l ,. aVdSSB
/+/LF101di
- ~,
Latitude: 34016'08" N NCS000244 Facility`
Longitude: 7$100 56 W4
County: Brunswick American Distillation Location _
Stream Class: SC, SW Co. Inc.
Receiving Stream: Cartwheel Branch
Sub -basin: 03-06-17 (Cape Fear River Basin) fo tt/L1E NOT TO STALE
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
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 Iongitude 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 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
(S)
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 III, Standard Conditions, Section
B, Paragraph 3.
Part 11 Page 1 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 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
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 ofthe SPRP;`but may
Part I1 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.
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.
8. 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 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
Part 11 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_ i
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
i�
it (to Io`i
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). The permittee shall complete the
minimum nineteen analytical samplings in accordance with -the schedule specified below in
Table 2.
Monitoring results shall be compared to the benchmark values in Table 3. The benchmark
values in Table 3 are not permit limits but should be used as.guidelines for the permittee's
Stormwater'Pollution Prevention Plan (SPPP). 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.
Table 1. Analytical Monitoring Requirements
CJ)ID
Tco
J,jj'10
TW6 6, . b_
I.,'1;o_11a
q ZZI O'
j 72)
r-r.1 3
Nicol- L�
Dtscliarge:Measurement
Characteristics-
Frequencyt
Sample
T�
'Sample
3
at
Biological Oxygen Demand
m
Quarterly
Grab
SDO
Chemical Oxygen Demand
m
Quarterly
Grab
SDO
Total K'eldahl Nitrogen
m
Quarterly
Grab
SDO
Oil and grease
m
Quarterly
Grab
SDO
H
Standard
Quarterly
Grab
SDO
Total Suspended Solids
m
Quarterly
Grab
SDO
Iso.2ropyl Alcohol
m
Quarterly
Grab
SDO
Methanol
m
Quarterly
Grab
SDO
Ethanol
m
Quarterly
Grab
SDO
Tert-Butyl Alcohol
m
Quarterly
Grab
SDO
Total Rainfall
inches
Quarterly
Rainfall Event Duration
minutes
Quarterly
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 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 permit. The applicant must continue quarterly
4 f of
pip -ZG
Ts]
C00
Part 11 Page 4 of 8
Permit No. NCS000244
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
outfall status has been granted.
Table 2. Monitoring Schedule
Mop�tor'mg per iod
Sample Number
=Start
- j End 1
Year 1, Quarter l
I
October 1, 2007
December 31, 2007
Year 1, Quarter 2
2
January I, 2008
March 31, 2008'
Year 1, Quarter 3
3
April 1, 2008
June 30, 2008
Year 1, Quarter 4
4
July 1, 2008
September 30, 2008
Year 2, Quarter 1
5
October 1, 2008
December 31, 2008
Year 2, Quarter 2
6
January 1, 2009
March 31, 2009
Year 2, Quarter 3
7
April 1, 2009
June 30, 2009
Year 2, Quarter 4
8
July 1, 2009
September 30, 2009
Year 3, Quarter 1
9
October 1, 2009
December 31, 2009
Year 3, Quarter 2
10
January 1, 2010
March 31, 2010
Year 3, Quarter 3
11
April 1, 20I0
June 30, 2010
Year 3, Quarter 4
12
July 1, 2010
September 30, 2010
Year 4, Quarter 1
13
October 1, 2010
December 31, 2010
Year 4, Quarter 2
14
January 1, 2011
March 31, 2011
Year 4, Quarter 3
15
April 1, 2011
June 30, 2011
Year 4, Quarter 4
16
July 1, 2011
September 30, 201 l
Year 5, Quarter 1
17
October 1, 2011
December 31, 2011
Year 5, Quarter 2
18
January 1, 2012
March 31, 2012
Year 5, Quarter 3
19
April 1, 2012
June 30, 2012
Footnotes:
I Maintain quarterly monitoring during permit renewal process.
Part II Page 5 of 8
Permit No. NCS000244
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristiesr.
Units ""
- - 'Be_ nchmark
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
H
Standard
4.3-9
Total Suspended Solids
mg/L
100
Isopropyl Alcohol
mg/L
4,300
Methanol
mg/L
7,700
Ethanol
mg/L,
3,900
T-Butyl Alcohol
mg/L
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 stormwater
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
, I. - a _ ,.h
Frequency
,� ry , ,
Monitoring_
N_
ILocat.,
ton1
Color
Quarterly
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
SDO
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 permit. 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 VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55
gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 5. This monitoring shall be performed at all
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 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 lI Page 7 of 8
Permit No. NCS000244
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Cha
Discharge ractertsttcs
i
Untts _
i
Measurement
uenc 1
Sample -
T e2
Sample;
Location3
H
standard
Quarterly
Grab
SDO
Oil and Grease
m
Quarterly
Grab
SDO
Total suspended Solids
m
Quarterly
Grab
SDO
New Motor Oil Usa agallons/month
Quarterly
Estimate
-
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 permit. 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.
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.
Table 6.
Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge'eharactertstics'
- Units "`'
Benchz ark
PH
standard
4.3-9
Oil and Grease
mg/L
30
Total Suspended Solids
mg/L
100
Part II 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 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 discharges from the operation of the industrial activity.
Duty to Comp
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 $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 $11,000 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)]
C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($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. [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 $11,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $27,500. Penalties for Class I1 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 III Page I of 8
Permit No. NCS000244
Duty to Mitigate _
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the environment.
4. Civil and Criminal Liability
Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613,143-
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.
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 maybe subject to
under NCGS 143-215.75 et seq. or Section!31 I of the Federal Act, 33 USC 1321.
6: Property+ Rights
The issuance of this individual permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
7. Severability
The provisions of this. individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid,. the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
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.
Penalties for TanWring
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 III 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
I. Individual Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not.requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not. requested renewal at least 180 days prior to expiration, will be
subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. PeIrmittee is required
to notify the Division in writing in the event the permitted facility is sold or closed.
3. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the
manager of one or more manufacturing production or operating facilities employing more
than 250 persons or having gross annual sales or, expenditures exceeding 25 million (in
second quarter 1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, 'or other public agency: by either a principal executive
officer or ranking elected official.
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 regulatedfacility 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.
C. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the,possibility of fines and imprisonment for knowing violations."
4. Individual Permit Modification Revocation and Reissuance, or Termination
The issuance of this individual 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 I23; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et. al.
5. Permit Actions
The permit may be modified, revoked and reissued,.or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
I . 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.
Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this individual permit.
Bypassing of Stormwater Control Facilities
Bypass is prohibited and.the Director may take enforcement action against a permittee for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
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
1. Representative SamDlins
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the
requirements o£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 individuals) who performed the sampling, measurements, inspection or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
C. The analytical techniques or methods used; and
f. The results of such analyses.
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published,pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant
to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136.
To meet the intent of the monitoring required by this individual permit, all test procedures must produce
minimum detection and reporting levels and all data generated niustbe 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 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 Ieast 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 maybe
required bylaw, 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.
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report;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.
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be: submitted to the following address:
Division of Water Quality
Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Part III Page 6 of 8
Permit No. NCS000244
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 Discharses
If the storm event monitored in accordance with this individual permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this information with the stormwater discharge monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
6. AnticiRated Noncompliance .
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the individual permit requirements.
7. Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice Nithin 24 hours of becoming aware of an
unanticipated bypass.
8. Twenty-four Hour RepggjgR
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endangerhealth 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.
Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
Part III 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 M 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 Individual 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 stormiwater 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 1V, V and VI Page l of 5
Permit No. NCS000244
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.
5. Sulk 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 650 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 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 maybe 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. 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 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 Priorily Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting
requirements; and
C. That meet at least one of the following criteria:
(1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic
pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR i 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 Proae!U Damage
Means substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused
by delays in production.
24. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or production;
hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to
report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes,
slag and sludge that have the potential to be released with stormwater discharges.
25. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 3I 1 of the Clean Water Act (Ref: 40 CFR- 110.10 and CFR 11721) 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 Activity
The: discharge from any point source which is used for collecting and conveying stormwater and which is
directly related to inanufacturing, 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(bX14).
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 VI 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
waterquality 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
implernentation,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 or control facilities, lack of preventive
maintenance, or careless or improper operation.
34. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
35. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is.being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
36. 25-year _24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part VI Page 5 of 5 Pages
& WAT
Michas! F. Easley, Governor
O= QG
State of North Carolina
William G. Ross, Jr.,.Socretary
92
Department of Environment and Natural Resources
7
Coleen H. Sullins, Director
Division otWater Quality
August 31, 2007
Mr. Hugh Croom
American Distillation Company
PO Box 400
Leland, NC 28451
Subject: Final NPDES Stormwater Permit
Permit NCS000244
American Distillation Company
Brunswick County
Dear Mr. Croom:
In response to your renewal application for continued coverage under NPDES stormwater
permit NCS000244, the Division of Water Quality is forwarding herewith the subject state -
NPDES permit. This permit is issued pursuant to the requirements of North Carolina General
Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US
Environmental Protection agency dated May 9,1994 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on March 30,
2007.
Please note that analytical monitoring is required in this permit. Failure to complete the
monitoring as required is a violation of the permit and any permit noncompliance constitutes a
violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9
"Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for
further information.
Please note that your facility drains to an area where there are threatened and endangered
species. The Shortnose Sturgeon, (Acipenser brevirostrum) is an endangered species that has
been identified near your facility. The American alligator, (Alligator mississippiensis) is a
threatened species that has been identified near your facility.' Failure to abide by your
stormwater permit may constitute violation of the Threatened and Endangered Species Act.
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 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 Water
Quality or. permits required by the Division of Land Resources, Coastal Area Management Act
North Carolina Division of WaterQuallty (919) 733-7015
1617 Mail Service Center FAX (919) 733-0719
Raleigh, North Carolina 27699-1617 . on the Internet at http://h2o.enr.st3*.rkc:iW
Mr. Hugh Croom
American Distillation
Permit No. NCS000244
Page 2
or any other Federal or Local governmental permit that may be required.
If you have any questions or comments concerning this permit, contact Kelly Johnson at (919)
733-5083 x 376 or kelly.p.JohnsonOncmail.net
cc: Wilmington Regional Office, Linda Willis
Stormwater_Perrnittink Unit:,,
Central Files
Attachments
Sincerely,
ORIGINAL SIGNED BY
BRADLEY BENNETT
for Coleen H. Sullins, Director
2
NCS000244
STATE OF NORTII 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 Co. Inc.
is hereby authorized to discharge stormwater from a facility located at
American Distillation Co. Inc.
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,11, III, IV, V and VI hereof.
This permit shall become effective September 1, 2007.
This permit and the authorization to discharge shall expire at midnight on August 31, 2012.
Signed this 31'' day of August 2007.
OkjGWAL S! N=Z) L-
BRADLEY BENNETT
for Coleen H. Sullins, 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 FOR NPDES STORMWATER INDIVIDUAL
PERMITS
Section A: Compliance and Liability
I .
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
Section B: General Conditions
I . Individual Permit Expiration
2. Transfers
i
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
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
I.
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
pennittee 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.
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.
Part I Page .1 of 2
SECTION C: LOCATION MAP Permit No. NCS000244
1 ti ' _ yc..+...-, u ! � � 4 � ,., '��' .ter � rl t - _ r -y.., ,�1 I .,,,\`,1�� •r � .• ,�w /'
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�stbxoo American DistillationIry
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i; _-j a r^ • �t ���r � vlJff �.; r� <r � - ., >r. •;tip �-.�.. ...�, _ ".
I � il1�i„ �} .�.. • . - f j) k' r'+,- h mow: i • r ' I � 1
%b �� ? � - a r. j • �S` .• •■ ••• .t rrf! • Cc Y - � f�- ;�� +- � / rt� f�,, i. • r � ' + .� •Y
� FNr _h ,. � Ti (: t- rr i �i , �-I rl _� 1:• :' ` �Sf �-i ��j� '/ ��4 i .-� Y F �' �titlr t/ /f .. • ,1 -! 1
Latitude: 34116'08" N NCs0002" Facility
Longitude: 78T0 56 W
County: Brunswick American Distillation Location
Stream Class: SC, SW Co. Inc.
Receiving Stream: Cartwheel Branch
Sub-bas in: 03-06-17 (Cape Fear River Basin) 'e ir0tth NOT TO SM11
Part I Page 2 of 2
Permit No. NCS000244
PART H . 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 c-ontrol 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
(8)
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 lIl, Standard Conditions, Section
B, Paragraph 3.
Part 11 Page 1 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 substances to prevent leaks and.spills from
contaminating stormwater runof. 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 tent -
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 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 ofthe SPRp,'but may
Part Il - 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 incorporatedl 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.
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.
8. 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 H 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 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 stonn.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). The permittee shall complete the
minimum nineteen analytical samplings in accordance with -the schedule specified below in
Table 2.
Monitoring results shall be compared to the benchmark values in Table 3. The benchmark
values in Table 3 are not permit limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP). 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.
Table 1. Analytical Monitoring Requirements
aC f.. �F
Discharge £ j�
'' Ji Characteristics-,d fi -
R —3i, CY
d lE ■r 1T p
Sf F '0. .�.
Measurement Frequency��
] -1 y i 1°w` J - `r 3
i_�M1
S t ..
Sample
n ! 2 G
e.y
ESampleg
fi 3
C a{.lonL
Biolo ical'Ox en Demand
m
Quarterly
Grab
SDO
Chemical Oxygen Demand
m
Quarterly
Grab
SDO
Total Mjeldahl Nitrogen
m
Quarterly
Grab
SDO
Oil and grease
m
Quarterly
Grab
SDO
H
Standard
Quarterly
Grab
SDO
Total Suspended Solids
m
Quarterly
Grab
SDO
Isopropyl Alcohol
m
Quarterly
Grab
SDO
Methanol
m
Quarterly
Grab
SDO
Ethanol
m
Quarterly
Grab
SDO
Tert-Butyl Alcohol
m
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 permit. The applicant must continue quarterly
Part lI Page 4 of 9
Permit No. NCS000244
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 fast 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.
Table 2. Monitoring Schedule
Monitoring prwad.
Sample Number=
: ` Start Ey
t
End t ..
Year 1, Quarter -I
1
October 1, 2007
December 31, 2007
Year 1, Quarter 2
2
January 1, 2008
March 31, 2008'
Year 1, Quarter 3
3
April 1, 2008
June 30, 2008
Year 1, Quarter 4
4
July 1, 2008
September 30, 2008
Year 2, Quarter 1
5
October 1, 2008
December 31, 2008
Year 2, Quarter 2
6
January 1, 2009
March 31, 2009
Year 2, Quarter 3
7
April 1, 2009
June 30, 2009
Year-2, Quarter 4
8
July 1, 2009
September 30, 2009
Year 3, Quarter 1
9
October 1, 2009
December 31, 2009
Year 3, Quarter 2
10
January 1, 2010
March,31, 2010
Year 3, Quarter 3
Ill.
April 1, 2010
June 30, 2010 -
Year 3, Quarter 4
12
July 1, 2010
September 30, 2010
Year 4, Quarter 1
13
October 1, 2010
December 31, 2010
Year 4, Quarter 2
14
January 1, 2011
March 31, 2011
Year 4, Quarter 3 1
15
April 1, 2011
June 30, 2011
Year 4, Quarter 4
16
July 1, 2011
September 30, 2011
Year'5, Quarter 1
17
October 1, 2011
December 31, 2011
Year 5, Quarter 2
18
January 1, 2012
March 31, 2012
Year 5, Quarter 3
19
April 1, 2012
June 30, 2012
Footnotes:
I Maintain quarterly monitoring during permit renewal process.
Part 11 Page 5 of 8
Permit No. NCS000244
Table 3. Benchmark Values for Analytical Monitoring
=: SxDischarge Cha-i-acterishc_s, r _
.. y_ Y ,Units �
FT: x .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
H
Standard
4.3-9
Total Suspended Solids
mg/L
100
Isopropyl. Alcohol
mg/L
4,300
Methanol
mg/L
7,700
Ethanol
mg/L
3,900
T-Butyl Alcohol
mg/L
3,200
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative,butfall 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 stormwater
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 - dune) and
once in the fall (September - November).
Part I1 Page 6 of 8
Permit No. NCS000244
Table 4. Qualitative Monitoring Requirements
Disc_6arge Characterishes
t '-kT.,� {• E! T E 1�r�� � -v 4 rt ! _
uuu!!kf r i' V r ,3� a r:�
Frequency
�$k l"' __ i UA I F 3' _Ui'--"�I�s
E , �kn�r�tr1 =!
Monitoring
°"LoCatiO .. -
Color
uarterl
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
SDO
Footnotes:
l 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 permit. 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 VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55
gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 5. This monitoring shall be performed at all
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 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 M nitoring Re uirements for On -Site Vehicle Maintenance
Drscharge CharkaefriAk
T UnitS ''
Measurement
= Sample
Sampler
Fre uen {
�2 T �
Loeation3 k
,,
eZ£._
,
H
standard
Quarterly
Grab
SDO
Oil and Grease
mgfL
Quarterly
Grab
SDO
Total suspended Solids
m
Quarterly
Grab
SDO
New Motor Oil Usage
alIons/month
Quarterly
Estimate
-
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 penmittee will be considered for a renewal permit. 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.
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.
Table 6.
Benchmark Values for Vehicle Maintenance Analytical Monitoring
DischargerCharactei-�shcs`
_ - �
� Benclartiark
pH '
standard
4.3-9
Oil and Grease
mg/L
30
Total Suspended Solids
mg/L
100
Part II 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 StormwaterPollution 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.
2. ' 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 pern ittee 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 $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 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 $11,000 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).]
C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($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. [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 $ l 1,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $27,500. Penalties for Class 11 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 III Page I of 8
Permit No. NCS000244
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the environment.
4. Civil and Criminal Liability
Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613, 143-
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 Liabili
Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6: Property Rights
The issuance of this individual permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
7. Severability
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
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 III 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
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 § 143-2153.6 and 33 USC 1251 et. seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act: Permittee is required
to notify the Division in writing in the event the permitted facility is sold or closed.
3. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the
manager of one or more manufacturing production or operating facilities employing more
than 250 persons or having gross annual sales or expenditures exceeding 25 million (in
second quarter 1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
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.
C. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
4. Individual Permit Modification. Revocation and Reissuance, or Termination
The issuance of this individual 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 .01.00; and North Carolina
General Statute 143-215.1 et. al.
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
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.11I 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
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 stone
event. Samples shall be taken on a.day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
2. . Recording, Results
For each -measurement, sample,. inspection or maintenance activity performed or collected pursuant to the
requirements ofthis 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 date(s) analyses were performed;
d. The individual(s) who performed the analyses;
The analytical techniques or methods used; and
f. The results of such analyses.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and.reliability of measurements of the volume of
monitored discharges.
4_ Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant
to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136.
To meet the intent of the monitoring required by this 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 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 En
The permittee shall allow the Director; or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as maybe
required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records 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.
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.
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address.
Division of Water Quality
Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Part III Page 6 of 8
Permit No. NCS000244
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 I43-215.6B 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.
Planned_ Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the individual permit requirements.
7. Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
8. Ewen -four Hour Re ortin
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.
Part III 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. Contam' s 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 Individual Permit.
PART VI - DEFINITIONS
I. 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. 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 Ma_ ggement Practices (BMPs)
Measures orpractices 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 I of 5
Permit No. NCS000244
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 Storaee 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 gr DW
The Division of Water Quality, Department of Environment and Natural Resotirces.
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
1 t . 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 Se arate 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 raining 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 Sto w er
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 maybe 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. 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 monitoring at a reduced number ofoutfalls:
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 s 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 III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning -and Community Right -
to -Know Act of 1986;
b. Is.present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting
requirements; and
c. That meet at least one of the following criteria:
{1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table W (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 VI Page 3 of 5 Pages
Permit No. NCS000244
23. Severe Properly Daman
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 cant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or production;
hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to
report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes,
slag and sludge that have the potential to be released with stormwater discharges.
25. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section311 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 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.
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 De*igLi Stog
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 VI Page 4 of 5 Pages
Permit No. NCS000244
31. Total Maximum Daily Load (TMDLI
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 pollutanes 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 or control facilities, lack of preventive
maintenance, or careless or improper operation.
34. Vehicle Mainten ce Activily
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