HomeMy WebLinkAboutNCS000295_Permit (Issuance)_20170127---'----STORM WATE R-DIVI S I'ON_C0 DI NG-SH EET - - �-
PERMIT NO.
DOC-TYPE
[.FINAL PERMIT
❑ MONITORING INFO
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ a`l U 11 O -7
YYYYMMDD
Energy, Mineral
and Land Resources
ENVIRONMENTAL Ot1ALITV
January 27, 2017
Ms. Nicki Slusser
Jackson Paper Manufacturing Company
P.O. Box 667
Sylva, NC 28779
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
Subject: Final NPDES Stormwater Permit
Permit No. NCS000295
Jackson Paper Manufacturing - Sylva
Jackson County
Dear Ms. Slusser:
In response to your renewal application for continued coverage under NPDES stormwater permit
NCS000295, the Division of Energy, Mineral and Land Resources (Division) is forwarding herewith the
subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General
Statute 143-215 .l and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency dated October 15, 2007 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on October 7, 2016.
Please note that analytical and qualitative monitoring is required in this permit. Failure to complete the
monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of
the Clean Water Act. Reference Part 111, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for
Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information.
If any parts, measurement frequencies or sampling requirements contained in this modification are
unacceptable to you, then you have the right to file a petition for a contested case with the Office of
Administrative Hearings within thirty (30) days following receipt of this letter. This petition must conform
to the requirements of Chapter 150B of the North Carolina General Statutes. Petitions must be timely filed
with the Office of Administrative Hearings, Post Office Drawer 11666, Raleigh, North Carolina 27604. If
you do not file a petition within the required time, the agency decision shall be final and binding.
Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in
case of change in ownership or control of this discharge. This permit does not affect the legal requirements
to obtain other permits which may be required by this Division, or permits required by the Division of
Water Resources, Coastal Area Management Act or any other federal or local governmental permit that
may be required.
State or North Carolina I Environmental Quality I Energy, Mineral and Land Resources
1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, NC 27699-1612
919 707 9200 T
Page 2 of 2
If you have any questions or comments concerning this permit, contact Julie Ventaloro at (919) 807-6370 or
at }ulie.ventaloro@,ncdenr.gov.
Sincerely,
. qQ8,,ch
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
cc: Asheville Regional Office, DEMLR Land Quality Section
Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303
Stormwater Permitting Program
DWR Central Files
Attachments
StaleofN r&Carofim I E.n%imanmWQualitylEnerfy,N#newand Land R.ew=es
1612 *%W Senice Center 1512 North S&UtW Stmet I Rale*k NC276M1612
919 707 9200 T
NCS000295
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other
lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
Jackson Paper Manufacturing Company
is hereby authorized to discharge stormwater from a facility located at
Jackson Paper Manufacturing - Sylva_Plant
152 W. Main St.
Sylva, NC
Jackson County
to receiving waters designated as Scott Creek, a class C;Tr stream in the Little Tennessee
River Basin, in accordance with the discharge limitations, monitoring requirements, and
other conditions set forth in Parts I,1I,111, and IV hereof.
This permit shall become effective March 1, 2017.
This permit and the authorization to discharge shall expire at midnight on February 28,
2022.
Signed this day January 27, 2017.
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NCS000295 .
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: On -Site Vehicle Maintenance Monitoring Requirements
Section E: Special Conditions
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
Section A: Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
11. Onshore or Offshore Construction
12. Duty to Reapply
Permit No. NCS000295
Section B: General Conditions
1. Permit Expiration
2. Transfers
3. Signatory Requirements
4. Permit Modification, Revocation and Reissuance, or Termination
5. Permit Actions
6. Annual Administering and Compliance Monitoring Fee
Requirements
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
m
Permit No. NCS000295
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge stormwater associated with industrial activity.
Such discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described
in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES
stormwater discharge permit requirements. Any owner or operator wishing to obtain a No
Exposure Exclusion must submit a No Exposure Certification Notice of Intent (N0I) form to
the Division; must receive approval by the Division; must maintain no exposure conditions
unless authorized to discharge under a valid NPDES stormwater permit; and must recertify
the No Exposure Exclusion annually.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that
has been adequately treated and managed in accordance with the terms and conditions of
this permit. All stormwater discharges shall be in accordance with the conditions of this
permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or
approval. The stormwater discharges allowed by this permit shall not cause or contribute
to violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
Part I Page 1 of 2
Permit No. NCS000295
SECTION C: LOCATION MAP
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t 3ackson Paper Manufacturing - Sylva
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NCGO00295
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S
Map Scale 124,000
Jackson Paper Manufacturing Company
Jackson Paper Manufacturing - Sylva
Latitude: 350 21' 43" N
Longitude: 831113' 08" W
Gounty: ]aeon
Receiving Stream: Scott Creek
Index No: 2-79-39
Stream Class: C;Tr
Sub -basin: 04-04-02 (Little Tennessee River Basin)
Facility Location
Part I Page 2 of 2
Permit No. NCS000295
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan
(SPPP). The SPPP shall be maintained on site unless exempted from this requirement by
the Division. The SPPP is public information in accordance with Part I11, Standard
Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum,
the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility
and the potential pollutant sources that may be expected to contribute to
contamination of stormwater discharges. The Site Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters; the name of the receiving waters to which the stormwater outfalls
discharge, or if the discharge is to a municipal separate storm sewer system, the
name of the municipality and the ultimate receiving waters; and accurate latitude
and longitude of the points of stormwater discharge associated with industrial
activity. The general location map (or alternatively the site map) shall identify
whether any receiving waters are impaired (on the state's 303(d) list of impaired
waters) or if the site is located in a watershed for which a TMDL has been
established, and what the parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants that
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary;
the stormwater discharge outfalls; all on -site and adjacent surface waters and
wetlands; industrial activity areas (including storage of materials, disposal areas,
process areas, loading and unloading areas, and haul roads); site topography and
finished grade; all drainage features and structures; drainage area boundaries and
total contributing area for each outfall; direction of flow in each drainage area;
industrial activities occurring in each drainage area; buildings; stormwater Best
Management Practices (BMPs); and impervious surfaces. The site map must
indicate the percentage of each drainage area that is impervious, and the site map
must include a graphic scale indication and north arrow.
(d) A list of significant spills or leaks of pollutants during the previous three (3) years
and any corrective actions taken to mitigate spill impacts.
Part II Page 1 of 15
Permit No. NCS000295
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The permittee shall re -certify annually that the
stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. The certification statement will be signed in accordance with the
requirements found in Part III, Standard Conditions, Section B, Paragraph 3.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall
contain a narrative description of the materials management practices employed which
control or minimize the stormwater exposure of significant materials, including
structural and nonstructural measures. The Stormwater Management Strategy, at a
minimum, shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to rainfall and run-on flows. Wherever practical, the
permittee shall prevent exposure of all storage areas, material handling operations,
and manufacturing or fueling operations. In areas where elimination of exposure is
not practical, this review shall document the feasibility of diverting the stormwater
run-on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials: storage in any amount of Section 313
of Title III of the Superfund Amendments and Reauthorization Act (SARA) water
priority chemicals; and storage in any amount of hazardous substancesin order to
prevent Ieaks and spills from contaminating stormwater runoff. A table or summary
of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected to
stormwater conveyance systems, the connection shall be controlled by manually
activated valves or other similar devices (which shall be secured closed with a
locking mechanism). Any stormwater that accumulates in the containment area
shall be at a minimum visually observed for color, foam, outfall staining, visible
sheens and dry weather flow, prior to release of the accumulated stormwater.
Accumulated stormwater shall be released if found to be uncontaminated by any
material. Records documenting the individual making the observation, the
description of the accumulated stormwater, and the date and time of the release
shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill
Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan
fully compliant with the requirements of this permit may be used to demonstrate
compliance with this permit.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and on data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
Part 11 Page 2 of 15
Permit No. NCS00029S
3. Spill Prevention and Response Procedures. The Spill Prevention and Response
Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based
on a materials inventory of the facility. Facility personnel responsible for implementing
the SPRP shall be identified in a written list incorporated into the SPRP and signed and
dated by each individual acknowledging their responsibilities for the plan. A
responsible person shall be on -site at all times during facility operations that have
increased potential to contaminate stormwater runoff through spills or exposure of
materials associated with the facility operations. The SPRP must be site stormwater
specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC)
may be a component of the SPRP, but may not be sufficient to completely address the
stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may
be incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed and implemented.
The program shall address all stormwater control systems (if applicable), stormwater
discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial
activity areas (including material storage areas, material handling areas, disposal areas,
process areas, loading and unloading areas, and haul roads), all drainage features and
structures, and existing structural BMPs. The program shall establish schedules of
inspections, maintenance, and housekeeping activities of stormwater control systems,
as well as facility equipment, facility areas, and facility systems that present a potential
for stormwater exposure or stormwater pollution where not already addressed under
another element of the SPPP. Inspection of material handling areas and regular
cleaning schedules of these areas shall be incorporated into the program. Timely
compliance with the established schedules for inspections, maintenance, and
housekeeping shall be recorded and maintained in the SPPP.
S. Facility Inspections. Inspections of the facility and all stormwater systems shall occur
as part of the Preventative Maintenance and Good Housekeeping Program at a
minimum on a semi-annual schedule, once during the first half of the year (January to
June), and once during the second half (July to December), with at least 60 days
separating inspection dates (unless performed more frequently than semi-annually).
These facility inspections are different from, and in addition to, the stormwater
discharge characteristic monitoring at the outfalls required in Part 11 B, C, and D of this
permit.
6. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill
response and cleanup, preventative maintenance activities, and for any of the facility's
operations that have the potential to contaminate stormwater runoff. The facility
personnel responsible for implementing the training shall be identified, and their
annual training shall be documented by the signature of each employee trained.
7. Responsible Party. The SPPP shall identify a specific position or positions responsible
for the overall coordination, development, implementation, and revision of the SPPP.
Part II Page 3 of 15
Permit No. NC5000295
Responsibilities for all components of the SPPP shall be documented and position
assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP
whenever there is a change in design, construction, operation, site drainage,
maintenance, or configuration of the physical features which may have a significant
effect on the potential for the discharge of pollutants to surface waters. All aspects of
the SPPP shall be reviewed and updated on an annual basis. The annual update
shall include:
(a) an updated list ofsignffcantspills or leaks of pollutants for the previous three
(3) years, or the notation that no spills have occurred (element of the Site
Overview);
(b) a written re -certification that the stormwater outfalls have been evaluated for
the presence of non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on -site stormwater
BMPs (BMP Summary element of the Stormwater Management Strategy).
(d) a review and comparison of sample analytical data to benchmark values (if
applicable) over the past year, including a discussion about Tiered Response
status. The permittee shall use the Division's Annual Summary Data
Monitoring Report (DMR) form, available from the Stormwater Permitting
Program's website (See'Monitoring Forms' here:
http: //Ideq.nc.gov/about/divisions/energy-mineral-Iand-resourcesfenergy-
mineral-land-permits/stormwater-permits/ npdes-industrial-sw).
The Director may notify the permittee when the SPPP does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee
shall submit a time schedule to the Director for modifying the SPPP to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes
have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution
Prevention Plan and all appropriate BMPs consistent with the provisions of this permit,
in order to control contaminants entering surface waters via stormwater.
Implementation of the SPPP shall include documentation of all monitoring,
measurements, inspections, maintenance activities, and training provided to
employees, including the log of the sampling data and of actions taken to implement
BMPs associated with the industrial activities, including vehicle maintenance activities.
Such documentation shall be kept on -site for a period of five (S) years and made
available to the Director or the Director's authorized representative immediately upon
request.
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1.
All analytical monitoring shall be performed during a measureable storm event at each
Part I I Page 4 of 15
Permit No. NCS000295
stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with
industrial activity must be sampled (See Definitions).
A measurable storm event is a storm event that results in an actual discharge from the
permitted site outfall. The previous measurable storm event must have been at least 72 hours
prior. The 72-hour storm interval does not apply if the permittee is able to document that a
shorter interval is representative for local storm events during the sampling period, and the
permittee obtains approval from the local DEMLR Regional Engineer. See Definitions.
Table 1. AnaIytical Monitoring Requirements
..-.. g
D}schar e F
'
-
x :`
> , Measurement
Sam le
P
Sample
.
„m
Cha. acre -sties
,
Units
r
F ' uen _ 1
,e? M
F"
Location
. _ ..:
.,
- .Fre r .
,; ,Tu
:
Total Suspended Solids TSS 4
m L
quarterly
Grab
SDO, U&D4
Non -Polar Oil & Grease by
Grab
SDO
mg/L
quarterly
EPA Method 1664 SGT-HEM
Chemical 0 en Demand COD
m L
quarterly
Grab
SDO
H
standard
quarterly
Grab
SDO
Turbiditys
NTU
See Footnote 5
Grab
SDO, U&D5
Total Rainfall6
inches
quarterly
Rain
-
Gau e
Footnote_
1 Measurement Frequency: Quarterly (unless other provisions of this permit prompt monthly sampling)
during a measureable storm event, until either another permit is issued for this facility or until this
permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three
response actions under the previous permit, the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or
the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30
minutes, and shall continue until completed..
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be
kept on site.
4 If TSS at any SDO exceeds the TSS benchmark for two consecutive monitoring periods, monitoring of all
parameters in the receiving water, directly upstream (U) and downstream (D) of the SDO, shall be required
in accordance with Part 1I, Section B, Table 3, Footnote 1.
5 Turbidity is only required to be monitored in accordance with Part II, Section B, Table 3, Footnote 1. The
permittee may elect to monitor turbidity in the receiving water, directly upstream (U) and downstream (D)
of the SDO, to demonstrate the discharge has not caused an instream water quality standard violation of
turbidity.
6 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge
is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading
may be substituted for an on -site reading.
Part I I Page 5 of 15
Permit No. NCS000295
The permittee shall complete the analytical samplings in accordance with the schedule
specified below in Table 2, unless adverse weather conditions prevent sample collection
(see Adverse Weather in Definitions). Sampling is not required outside of the facility's
normal operating hours. A minimum of 60 days must separate Period 1 and Period 2
sample dates, unless monthly monitoring has been instituted under a "Tier Two"
response. Inability to sample because of adverse weather conditions must be documented
in the SPPP and recorded on the DMR. The permittee must report the results from each
sample taken within the monitoring period (see Part III, Section E). However, for purposes
of benchmark comparison and Tiered response actions, the permittee shall use the
analytical results from the first gaMpie-with valid results within the monitoring period.
Table 2. Monitoring Schedule
Monitoring period',2
Sample Number
Start
End
Year 1- Period 1
1
March 1, 2017
June 30, 2017
Year 1- Period 2
2
July 1, 2017
September 30, 2017
Year 1- Period 3
3
October 1, 2017
December 31, 2017
Year 1 - Period 4
4
January 1, 2018
March 31, 2018
Year 2 - Period 1
5
April 1, 2018
June 30, 2018
Year 2 - Period 2
6
July 1, 2018
September 30, 2018
Year 2 - Period 3
7
October 1, 2018
December 31, 2018
Year 2 - Period 4
8
January 1, 2019
March 31, 2019
Year 3 - Period 1
9
April 1, 2019
June 30, 2019
Year 3 - Period 2
10
July 1, 2019
September 30, 2019
Year 3 - Period 3
11
October 1, 2019
December 31, 2019
Year 3 - Period 4
12
January 1, 2020
March 31, 2020
Year 4 - Period 1
13
April 1, 2020
June 30, 2020
Year 4 - Period 2
14
July 1, 2020
September 30, 2020
Year 4 - Period 3
15
October 1, 2020
December 31, 2020
Year 4 - Period 4
16
January 1, 2021
March 31, 2021
Year 5 - Period 1
17
April 1, 2021
June 30, 2021
Year 5 - Period 2
18
July 1, 2021
September 30, 2021
Year 5 - Period 3
19
October 1, 2021
December 31, 2021
Year 5 - Period 4
20
January 1, 2022
February 28, 2022
Foots tes:
1 Maintain quarterly monitoring until either another permit is issued for this facility or until this
permit is revoked or rescinded. The permittee must submit an application for renewal of coverage
before the submittal deadline (180 days before expiration) to be considered for renewed coverage
under the permit. The permittee must continue analytical monitoring throughout the permit
renewal process, even if a renewal permit is not issued until after expiration of this permit.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period.
Failure to monitor quarterly per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period. "No discharge" from an
Part ll Page 6 of 15
Permit No. NCS000295
outfall during a monitoring period does not constitute failure to monitor, as long as it is
properly recorded and reported.
The permittee shall compare monitoring results to the benchmark values in Table 3.
Exceedances of benchmark values require the permittee to increase monitoring, increase
management actions, increase record keeping, and/or install stormwater Best Management
Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and
Tier Three response actions below. In the event that the Division releases the permittee from
continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's
release letter may remain in effect through subsequent reissuance of this permit, unless the
release letter provides for other conditions or duration.
Part II Page 7 of 15
Permit No. NCS000295
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristics .....
r ..Units ".
Benchmark .
Total Suspended Solids (TSS)1
50
Trout Waters
mg/L
(See Footnote 1)
Non -Polar Oil & Grease
by EPA Method 1664 (SGT =HEM)
mg/L
15
Chemical Oxygen Demand
mg/L
120
pH
standard
6-9
N/A
Turbidityz
NTU
(See Footnote 2)
EQQtnotes:
1 If TSS at any SDO exceeds the TSS benchmark for two consecutive monitoring periods, the permittee shaU
institute monthly monitoring and reporting for a parameters (including turbidity) in the receiving water
directly upstream and downstream of the SDO and in accordance with the Tier Two Response. This is in
addition to the SDO monitoring requirements. Sampling of the receiving water shall not be required after
six monthly monitoring periods with a valid sample unless the Division requires additional sampling to
demonstrate that the receiving water has not been impacted by the stormwater discharges.
2 Turbidity is only required to be monitored in accordance with Part II, Section B, Table 3, Footnote 1.
Although this permit does not have an SDO benchmark for turbidity, the discharge shall not cause the
turbidity of the receiving water to exceed the instream water quality standard for trout waters which is
10 NTU. If the natural background turbidity of the receiving water exceeds the water quality standard,
turbidity of the receiving water shall not be increased above the natural background turbidity as a result
of the stormwater discharge.
The benchmark values in Table 3 are not permit limits but should be used as guidelines for
implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value
is not a permit violation; however, failure to respond to the exceedance as outlined in this.
permit is a violation of permit conditions.
.Tier One,
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any
parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling
results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. identify potential, and select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations
within the benchmark range.
4. Implement the selected feasible actions within two months of the inspection.
5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark
exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the
date the selected actions were implemented.
6. Note: Benchmark exceedances for a different arameter separately trigger a tiered response.
Part II Page 8 of 1S
Permit No. NCS00029S .
ieC`WO T
If: The first valid sampling results from two consecutive monitoring periods (omitting periods with no
discharge) are above the benchmark values, or outside of the benchmark range, for any specific parameter at
a specific discharge outfall;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all naramete. The permittee shall conduct
monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two
consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three
consecutive sample results are below the benchmark values or within benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the
option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional
Engineer may direct the response actions on the part of the permittee as provided in Tier Three,
including reduced or additional sampling parameters or frequency.
5. Maintain a record of the Tier Two response in the SPPP.
b. Continue Tier Two response obligations throughout the permit renewal process.
Tier Three _
If: The valid sampling results required for the permit monitoring periods exceed the benchmark value, or
are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the
permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth
analytical results;
Then: The Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency for
some or all of the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize impacts on
receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater
pollution. Qualitative monitoring of stormwater outfalls must be performed during a
measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status. Qualitative monitoring shall be performed quarterly as
specified in Table 4, and during required analytical monitoring events (unless the
permittee is required to perform further qualitative monitoring per the Qualitative
Monitoring Response, below): Inability to monitor because of adverse weather conditions
PartI I Page 9 of i S
Permit No. NCS000295
must be documented in the SPPP and recorded on the Qualitative Monitoring Report form
(see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with
industrial activity must be monitored (See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee
shall document the suspected cause of the condition and any actions taken in response to
the discovery. This documentation will be maintained with the SPPP.
Table 4. ualitative Monitoring Requirements
Discharge Characteristics
Frequency)
Monitoring
Location2
Color
quarterly
SDO
Odor
quarterly
SDO
Clarity
quarterly
SDO
Floating Solids
quarterly
SDO
Suspended Solids
quarterly
SDO
Foam
quarterly
SDO
Oil Sheen
quarterly
SDO
Erosion or deposition at the outfall
quarterly
SDO
Other obvious indicators
of stormwater pollution
quarterly
SDO
Footnotes:
1 Monitoring Frequency: Quarterly during a measureable storm event unless other provisions of this
permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods through the end of
this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal
process until a new permit is issued.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status.
A minimum of 60 days must separate monitoring dates, unless additional sampling has
been instituted as part of other analytical monitoring requirements in this permit.
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are
ineffective, or that significant stormwater contamination, is present, the permittee shall
investigate potential causes, evaluate the feasibility of corrective actions, and implement
those corrective actions within 60.days, per the Qualitative Monitoring Response, below.
A written record of the permittee's investigation, evaluation, and response actions shall be
kept in the Stormwater Pollution Prevention Plan.
Part II Page 10 of 15
Permit No. NCS000295 ,
Qualitative Monitoring Response
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential
sources of stormwater pollution, and prompting the permittee's response to pollution. If the
permittee repeatedly fails to respond effectively to correct problems identified by qualitative
monitoring, or if the discharge causes or contributes to a water quality standard violation, the
Division may but is not limited to:
+ require that the permittee revise, increase, or decrease the monitoring frequency for some
or all parameters (analytical or qualitative)
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters; or
require the permittee implement site modifications to qualify for a No Exposure Exclusion.
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities that have any vehicle maintenance activity occurring on -site which uses more
than 55 gallons of new motor oil per month when averaged over the calendar year
shall perform analytical monitoring as specified below in Table 5. All analytical
monitoring shall be performed during a measureable storm event at all stormwater
discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas,
and in accordance with the schedule presented in Table 2 (Section 8).
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge,Characteristics
Units-`
Measurement,
• Samplle.
Sample
Fre uen y
.,.Type2
Locations
Nan -Polar Oil &Grease by
EPA Method1664 SGT-HEM
mg/L
quarterly
Grab
SDO
Total Suspended Solids
m L
quarterly
Grab
SDO
Total Rainfall4
inches
quarterly
Rain gauge
New Motor Oil Usage
I gallons/month
I quarterly 1
Estimate
-
Footnotes:
1 Measurement Frequency: Quarterly during a measureable storm event (unless other provisions of the
permit prompt monthly sampling), until either another permit is issued for this facility or until this permit
is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this
permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions
under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in
Tier Two or Tier Three status until relieved by the provisions of this permit or the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation
between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within
the first 30 minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall
status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site.
Part I I Page 11 of 15
Permit No. NCS000295
4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain
gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge may
be substituted for an on -site reading.
Failure to monitor quarterly per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period, as provided in Part 11
Section B.
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require
the permittee to increase monitoring, increase management actions, increase record
keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part
11 Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
Dischar a Characteristics
Units
Benchmark
Non -Polar Oil & Grease by
EPA Method1664 (SGT-HEM)
mg/L
15
Total Suspended Solids
Trout Waters
mg/L
50
SECTION E: SPECIAL CONDITIONS
A (1.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S.143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and
became effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within
Part III of this permit (Standard Conditions for NPDES Permits):
• Section B. (3.) Signatory Requirements
• Section D. (6.) Records Retention
• Section E. (1.) Discharge Monitoring Reports
• Section E. (2.) Submitting Reports
1. Repor_tingRequirements [Supplements Section E. (I.) and Supersedes Section E,
Effective December 21, 2016, or when the agency's electronic reporting system is able
to accept NPDES stormwater permit monitoring data, the permittee shall report
discharge monitoring data electronically using the NC DWR's Electronic Discharge
Part 11 Page 12 of 15
Permit No. NCS000295 .
Monitoring Report (eDMR) internet application. NC DEMLR will notify permittees
when eDMR is ready to accept stormwater monitoring data.
Monitoring results obtained during the previous month(s) shall be summarized for each
month and submitted electronically using eDMR. The eDMR system allows permitted
facilities to enter monitoring data and submit DMRs electronically using the internet.
Until such time that the state's eDMR application is compliant with EPA's Cross -Media
Electronic Reporting Regulation (CROMERR), permittees will be required to submit all
discharge monitoring data to the state electronically using eDMR and will be required
to complete the eDMR submission by printing, signing, and submitting one signed
original and a copy of the computer printed eDMR to the following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Piles
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due
to the facility being physically located in an area where less than 10 percent of the
households have broadband access, then a temporary waiver from the NPDES
electronic reporting requirements may be granted and discharge monitoring data may
be submitted on paper DMR forms or alternative forms approved by the Director.
Duplicate signed copies shall be submitted to the mailing address above. See "How to
Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due no later than 30 days from
the date the facility receives the sampling results from the laboratory.
2. How to Request" Waiver from Elgcs2nie Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. Tc
obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least sixty
(60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not
exceed 5 years and shall thereupon expire. At such time, monitoring data and reports
shall be submitted electronically to the Division unless the permittee re -applies for and
is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver
are found on the following web page:
http:,I./deq.nc.gov/about/divisions/water-resources/edmr
PartII Page 13 of 15
Permit No. NCS000295
3. 5ignatod Requirements [Supplements Section B. (3.) (b) and Supersedes Section
B. (3_) fdl]
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part I11, Section B. (3.)(a) or by a duly authorized representative of that
person as described in Part 111, Section B. (3.)(b). A person, and not a position, must be
delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the eDMR system. For more
information on North Carolina's eDMR system, registering for eDMR and obtaining an
eDMR user account, please visit the following web page:
hhtp: //deq.nc.gov f about/divisions/water-resourcesledmr
Certification. Any person submitting an electronic DMR using the state's eDMR system
shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
"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 properlygather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible forgathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations. "
4. Records Retention [Supplements Section D. (6.)l
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3
years from the date of the report. This period may be extended by request of the
Director at any time [40 CFR 122.41).
Part it Page 14 of 15
Permit No. NCS000295
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. CompplianCe Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the initial permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished
within 12 months of the effective date of the initial permit issuance.
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan
shall be developed and implemented prior to the beginning of discharges from the operation of the
industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified
in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of
stormwater discharges from the operation of the industrial activity.
Existing facilities previously permitted and applying for renewal: All requirements, conditions,
limitations, and controls contained in this permit (except new SPPP elements in this permit renewal)
shall become effective immediately upon issuance of this permit. New elements of the Stormwater
Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6
months of the effective date of this permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part 11, Paragraph 2(b) of this permit shall be accomplished prior to the
beginning of stormwater discharges from the operation of the industrial activity.
2. Duly toLo=Ly
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes
a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal
application [40 CFR 122.41],
a. The permittee shall comply with standards or prohibitions established under section 307(a) of
the CWA for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement [40 CFR 122.41].
b. "The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of
the Act, or any permit condition or limitation implementing any such sections in a permit issued
under section 402, or any requirement imposed in a pretreatment program approved under
sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $51,570 per
day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)].
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308,
318, or 405 of the Act, or any condition or limitation implementing any of such sections in a
permit issued under. section 402 of the Act, or any requirement imposed in a pretreatment
program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or
both. In the case of a second or subsequent conviction for a negligent violation, a person shall be
subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment
of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)].
Part III Page 1 of 9
Permit No. NCS000295
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both. In the case of a second or subsequent conviction for a knowing violation, a person
shall be subject to criminal penalties of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)].
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act,
or any permit condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, and who knows at that time that he thereby places another person in
imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of
not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a
second or subsequent conviction for a knowing endangerment violation, a person shall be
subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii] of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and
can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)].
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against
any person who violates or fails to act in accordance with the terms, conditions, or requirements
of a permit [North Carolina General Statutes § 143-215.6A].
g. Any person may be assessed an administrative penalty by the Administrator for violating section
301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act.
Administrative penalties for Class I violations are not to exceed $20,628 per violation, with the
maximum amount of any Class I penalty assessed not to exceed $51,570. Penalties for Class II
violations are not to exceed $20,628 per day for each day during which the violation continues,
with the maximum amount of any Class 11 penalty not to exceed $257,848 [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)].
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
permit which has a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
4. Civil and Criminal Liability
Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control
facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6, or Section 309 of the
Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages,
such as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
Oil and Hazardous SubZtanco Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)].
Part III Page 2 of 9
Permit No. NCS000295 .
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of
any provision of this permit to any circumstances, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23].
8. Duty toProvide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Permit Issuing
Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)].
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not
more than two years per violation, or by both. If a conviction of a person is for a violation committed
after a first conviction of such person under this paragraph, punishment is a fine of not more than
$20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41].
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
11. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
12. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
SECTION B: GENERAL CONDITIONS
1. Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as
are required by the agency authorized to issue permits no later than 180 days prior to the
expiration date, unless permission for a later date has been granted by the Director. (The Director
shall not grant permission for applications to be submitted later than the expiration date of the
existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days
prior to expiration, or any permittee that does not have a permit after the expiration and has not
requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures
as provided in NCGS §143-215.36 and 33 USC 1251 et. seq.
Part III Page 3 of 9
Permit No. NCS000295
2. Tran5fers
This permit is not transferable to any person without prior written notice to and approval from the
Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with
NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation
and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate
such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.611 or state
statute. The Permittee is required to notify the Division in writing in the event the permitted
facility is sold or closed.
Signatory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed
and certified [40 CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing, production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure
long term environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions taken to gather complete
and accurate information for permit application requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with corporate
procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, state, federal, or other public agency: by either a principal executive
officer or ranking elected official [40 CFR 122.221.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described in paragraph a. above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters for the company.
(A duly authorized representative may thus be either a named individual or any individual
occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22].
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements of paragraph (b) of this section must
be submitted to the Director prior to or together with any reports, information, or applications to
be signed by an authorized representative [40 CFR 122.22].
Part III Page 4 of 9
Permit No. NCS000295
d. Certification. Any person signing a document under paragraphs a. or b. of this section, or
submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR
122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"7 certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properlygather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible forgathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties forsubmitting false information,
including the possibility offines and imprisonment for knowing violations."
4. Permit Modification. Revocation and Reissuance. or Termination
The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the
laws, rules, and regulations contained in Title 40, Code of Federal Regulations; Parts 122 and 123;
Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et at.
5. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance does not stay any permit condition [40 CFR
122.41(f)].
6. Annual Administering and Compliance Monitoring -Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision requires
the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of this permit [40
CFR 122.41(e)].
Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
permit [40 CFR 122.41(c)].
Bypassing of $tormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass
unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater, or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
Part 111 Page 5 of 9
Permit No. NCS000295
c. The permittee submitted notices as required under, Part II1, Section E of this permit
If the Director determines that it will meet the three conditions listed above, the Director may
approve an anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume
and nature of the permitted discharge. Analytical sampling shall be performed during a measureable
storm event Samples shall be taken on a day and time that is characteristic of the discharge. All
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. Monitoring points as specified in this permit shall not be changed without
notification to and approval of the Permit Issuing Authority [40 CFR 122.410)].
2. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee
shall record the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individuals) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge
requirements, then the most sensitive (method with the lowest possible detection and reporting
level) approved method must be used.
Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that
are required to be sampled, the permittee may petition the Director for representative outfall status.
If it is established that the stormwater discharges are substantially identical and the permittee is
granted representative outfall status, then sampling requirements may be performed at a reduced
number of outfalls.
Part III Page 6 of 9
Permit No. NCS000295 ,
6. RecQrds 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
a all calibration and maintenance records,
o all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this permit, including Discharge Monitoring Reports
(DM Rs),
o copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 5 years from the date of the
sample, measurement, report or application. This period may be extended by request of the Director
at anytime [40 CFR 122.41].
7. Ins=tion and Envy
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to:
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit,
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location [40
CFR 122,41(i)).
SECTION E: REPORTING REQUIREMENTS
Discharge Monitori
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to
the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR
forms are available on the Division's website (hjtp: jItea {.nc,goylabout(divisions%energy- mineral -
la n -resources - i -1 i e- - ).
Regardless of the submission method (paper or electronic), submittals shall be delivered to the
Division or appropriate authority no later than 30 days from the date the facility receives the
sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required
to submit a discharge monitoring report, within 30 days of the end of the specified sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
If the permittee monitors any pollutant more frequently than required by this permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or
other appropriate instrument governing the discharge, the results of such monitoring shall be
included in the data submitted on the DMR.
Part III Page 7 of 9
Permit No. NCS000295
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division, except upon the Division's
specific requirement to do so. Qualitative Monitoring Report forms are available at the website
above.
Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Availabilily of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be
available for public inspection at the offices of the Division. As required by the Act, analytical data
shall not be considered confidential. Knowingly making any false statement on any such report may
result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of
the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under all other
applicable discharge permits and provide this information with the stormwater discharge
monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged [40
CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in
the permit or subject to notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Non
The permittee shall give advance notice to the Director of any planned changes at the permitted
facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)].
7. Soilla
The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills
as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil
spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any
oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than
25 gallons that cannot be cleaned up within 24 hours.
8. Bvnass
Notice [40 CFR 122.41(m)(3)]:
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and effect of the bypass .
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of
an unanticipated bypass.
Part III Page 8 of 9
Permit No. NCS000295 ,
9. Twenty—four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment Any information shall be
provided orally within 24 hours from the time the permittee became aware of the circumstances.
A written submission shall also be provided within 5 days of the time the permittee becomes
aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue, and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR
122.41(1) (6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section
if the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
10. Other NoncoMpliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at
the time monitoring reports are submitted [40 CFR 122.41(1)(7)].
11. Other Irnfformation
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)].
Part III Page 9 of 9
NCS000295
PART IV DEFINITIONS
1. �c
See Clean Water Act
Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical.
When adverse weather conditions prevent the collection of samples during the sample period, the
permittee must take a'substitute sample or perform a visual assessment during the next qualifying
storm event. Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with SPPP records. Adverse weather does not exempt the permittee from
having to file a monitoring report in accordance with the sampling schedule. Adverse events and
failures to monitor must also be explained and reported on the relevant DMR.
Allowable Non-StormwatCr Discharges
This permit regulates stormwater discharges. However, non-stormwater discharges which shall be
allowed in the stormwater conveyance system include:
a. All other discharges that are authorized by a non-stormwater NPDES permit
b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye
wash as a result of use in the event of an emergency.
4. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may
take the form of a process, activity, or physical structure. More information on BMPs can be found at:
lip_//ryi6m,Qpia.gov_/ppdes/national-menu-best-management-prractices-bmps-stormwater#edu.
5.Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system, which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, intermediate products, manufactured products, waste materials, or by-
products with a single above ground storage container having a capacity of greater than 660 gallons
or with multiple above ground storage containers located in close proximity to each other having a
total combined storage capacity of greater than 1,320 gallons.
7. CCrtificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under any General Permit and is signed by the Director.
B. Clean Water,Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
9. Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
10. Director
Part IV Page 1 of 4
Permit No. NCS000295 .
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
11. EMC
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively
or qualitatively) must be taken within the first 30 minutes of discharge.
13. Hazardou5 5jlbstancC
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term
storage facility or a surface storage facility.
15. Measurea le Storm Eyent
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm
events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two
copies of this information and a written request letter shall be sent to the local DEMLR Regional
Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on
site in the permittee's SPPP.
16. Municipal Separate Storm Sewer System CMS41
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
17. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff. Industrial materials or activities include, but are not limited to, material handling equipment
or activities, industrial machinery, raw materials, intermediate products, by-products, final products,
or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES
Stormwater Permitting requirements only if a facility complies with the terms and conditions
described in 40 CFR §122.26(g).
18. Notice!2f Intent
The state application form which, when submitted to the Division, officially indicates the facility's
notice of intent to seek coverage under a General Permit
19. Permit � ing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see "Director' above).
20. P-rrnittee
The owner or operator issued this permit.
21. Point Spurce Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
Part IV Page 2 of 4 Pages
Permit No. NCS000295
22. Representative9utfall-Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
23. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to contain the 25-year, 24-hour storm event
24. Section 313 Water Priority Chemigal
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. Meets at least one of the following criteria:
L Is listed in appendix D of 40 CFR part 122 on Table lI (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
25. Severe Property Damage
Substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
26. SiInificant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or
production; hazardous substances designated under section 101(14) of CERCLA; any chemical the
facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges.
27. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section
102 of CERCLA (Ref: 40 CFR 302.4).
28. Stormwater Discharge Outfall (SDQ)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including
but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection
areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina.
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
30. Stormwater Associated with Ind trial Activi
Part IV Page 3 of 4 Pages
Permit No. NCS000295 .
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in "industrial activities" include those activities defined in
40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded
from the NPDES program.
31. 5tormwater_PollutiQn Prevention ]an
A comprehensive site -specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution potential of the site.
32. Total Maximum Daily Loa (TMDQ
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant A list of approved TMDLs for the state of North Carolina can be
found at http//dCQ.nc.gov/about(divisions/water resoqrCes/olanninglmodeling-
assessment/tmdls.
33. TQxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act
34. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations,
or airport deicing operations.
35. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water,
air, gravity, or ice from its site of origin which can be seen with the unaided eye.
36. 25-year. 24 hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once
in 25 years.
Part IV Page 4 of 4 Pages
Central Files: APS _ SWP
1/26/2017
Permit Number NCS000295
Permit Tracking Slip
Program Category
Status Project Type
NPDES SW
In draft Renewal
Permit Type
Version Permit Classification
Stonnwater Discharge, individual
individual
Primary Reviewer
Permit Contact Affiliation
julie.ventaloro
Kiesha Bridges
Env Manager Safety Technical and of
Coastal SWRule
Permitted Flow
0
Facility
Facility Name
Major/Minor Region
Sylve plant
Minor Asheville
Location Address
County
PO Box 667
Jackson
Facility Contact Affiliation
Sytva NC 28779
Kiesha Bridges
Env Manager Safety Technical and of
Owner
Owner Name Owner Type
Jackson Paper Manufacturing Company Non -Government
Owner Affiliation
Timothy L. Campbell
R CMI-F.
i )
FEB 0 2 2017
CENTRAL FILES
DWR SECTION
PO Box 667
Dates/Events
Sylve
NC 28779
Scheduled
Orlg Issue App Received Draft Initiated Issuance
Public Notice Issue
Effective Expiration
1011811995 1117/2011 9121 /2016
10113/2016 j l '—�-7 b-a -7
.3 f j ),01 -1 .2 I &' Z O Z Z
I
Regulated Activities
Requested !Received Events
Paper products manufacture
Region comments on draft requested
1017/16
Stormwater (activities not covered)
Region comments on draft received
1126/17
Outfall 001
Waterbody Name Streamindex Number Current Class Subbasin
Scott Creek 2-79-39 C;Tr 04-04-02
Energy, Mineral
and Land Resources
ENVIRONMENTAL OtJALITY
January 27, 2017
Ms. Nicki Slusser
Jackson Paper Manufacturing Company
P.O. Box 667
Sylva, NC 28779
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
TRACY DAVIS
Director
Subject: Final NPDES Stormwater Permit
Permit No. NCS000295
Jackson Paper Manufacturing - Sylva
Jackson County
Dear Ms. Slusser:
In response to your renewal application for continued coverage under NPDES stormwater permit
NCS000295, the Division of Energy, Mineral and Land Resources (Division) is forwarding herewith the
subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General
Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency dated October 15, 2007 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on October 7, 2016.
Please note that analytical and qualitative monitoring is required in this permit. Failure to complete the
monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of
the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for
Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information.
If any parts, measurement frequencies or sampling requirements contained in this modification are
unacceptable to you, then you have the right to file a petition for a contested case with the Office of
Administrative Hearings within thirty (30) days following receipt of this letter. This petition must conform
to the requirements of Chapter 150B of the North Carolina General Statutes. Petitions must be timely filed
with the Office of Administrative Hearings, Post Office Drawer 11666, Raleigh, North Carolina 276.04. If
you do not file a petition within the required time, the agency 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 this Division, or permits required by the Division of
Water Resources, Coastal Area Management Act or any other federal or local governmental permit that
may be required.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, NC 27699-1612
919 707 9200 'r
Page 2 of 2
If you have any questions or comments concerning this permit, contact Julie Ventaloro at (919) 807-6370 or
at iulie.ventatoro@ncdenr.gov.
Sincerely,
for Tracy E. Davis, P.E.. CPM, Director
Division of Energy, Mineral and Land Resources
cc: Asheville Regional Office, DEMLR Land Quality Section
Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303
Stormwater Permitting Program
DWR Central Files
Attachments
State oftonhCarolira I Eariroamemai QualityI Enersy, Xinefal amdL=d Reroufces
1612 MW Senice Ceamr 1 512 Nor&SaGsln ySutet I Rale iSk "X -176M 1612
919 707 9200 T
NCS000295
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other
lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
Jackson Paper Manufacturing Company
is hereby authorized to discharge stormwater from a facility located at
Jackson Paper Manufacturing - Sylva Plant
152 W. Main St.
Sylva, NC
Jackson County
to receiving waters designated as Scott Creek, a class C;Tr stream in the Little Tennessee
River Basin, in accordance with the discharge limitations, monitoring requirements, and
other conditions set forth in Parts 1, I1, III, and IV hereof.
This permit shall become effective March 1, 2017.
This permit and the authorization to discharge shall expire at midnight on February 28,
2022.
Signed this day January 27, 2017.
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NCS000295 .
TABLE OF CONTENTS
PART I
INTRODUCTION
Section A:
Individual Permit Coverage
Section B:
Permitted Activities
Section C:
Location Map
PART Il
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
Section E:
Special Conditions
PART III
STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
Section A:
Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
S. Oil and Hazardous Substance Liability
b. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
11. Onshore or Offshore Construction
12. Duty to Reapply
i
Permit No. NCS000295
Section B: General Conditions
1. Permit Expiration
2. Transfers
3. Signatory Requirements
4. Permit Modification, Revocation and Reissuance, or Termination
5, Permit Actions
6. Annual Administering and Compliance Monitoring Fee
Requirements
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
I.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
S.
Representative Outfall
6. -
Records Retention
7.
Inspection and Entry
Section E: Reporting Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
S.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
Permit No. NCS000295
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge stormwater associated with industrial activity.
Such discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described
in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES
stormwater discharge permit requirements. Any owner or operator wishing to obtain a No
Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NO]) form to
the Division; must receive approval by the Division; must maintain no exposure conditions
unless authorized to discharge under a valid NPDES stormwater permit; and must recertify
the No Exposure Exclusion annually.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that
has been adequately treated and managed in accordance with the terms and conditions of
this permit. All stormwater discharges shall be in accordance with the conditions of this
permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or
approval. The stormwater discharges allowed by this permit shall not cause or contribute
to violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
Part I Page 1 of 2
Permit No. NCS000295
SECTION C: LOCATION MAP
MCGOOO295
w >E
S
Map Scale 1.24,000
Jackson Paper Manufacturing - Sylva
Jackson Paper Manufacturing Company
Jackson Paper Manufacturing - Sylaa
Latitude: 350 21' 43" N
Longitude: 831113' 08" w
County: Jackson
Receiving Stream: Scott Creek
Index No: 2-79-39
Stream Class: C,Tr
Sub -basin: 04-04-02 (Little Tennessee River Basin)
Facility Location
Part [ Page 2 of 2
Permit No. NCS000295
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan
(SPPP). The SPPP shall be maintained on site unless exempted from this requirement by
the Division. The SPPP is public information in accordance with Part II1, Standard
Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum,
the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility
and the potential pollutant sources that may be expected to contribute to
contamination of stormwater discharges. The Site Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters; the name of the receiving waters to which the stormwater outfalls
discharge, or if the discharge is to a municipal separate storm sewer system, the
name of the municipality and the ultimate receiving waters; and accurate latitude
and longitude of the points of stormwater discharge associated with industrial
activity. The general location map (or alternatively the site map) shall identify
whether any receiving waters are impaired (on the state's 303(d) list of impaired
waters) or if the site is located in a watershed for which a TMDL has been
established, and what the parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants that
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary;
the stormwater discharge outfalls; all on -site and adjacent surface waters and
wetlands; industrial activity areas (including storage of materials, disposal areas,
process areas, loading and unloading areas, and haul roads); site topography and
finished grade; all drainage features and structures; drainage area boundaries and
total contributing area for each outfall; direction of flow in each drainage area;
industrial activities occurring in each drainage area; buildings; stormwater Best
Management Practices (BMPs); and impervious surfaces. The site map must
indicate the percentage of each drainage area that is impervious, and the site map
must include a graphic scale indication and north arrow.
(d) A list of significant spills or leaks of pollutants during the previous three (3) years
and any corrective actions taken to mitigate spill impacts.
Part II Page 1 of 15
Permit No. NCS00029S
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The permittee shall re -certify annually that the
stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. The certification statement will be signed in accordance with the
requirements found in Part III, Standard Conditions, Section B, Paragraph 3.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall
contain a narrative description of the materials management practices employed which
control or minimize the stormwater exposure of significant materials, including
structural and nonstructural measures. The Stormwater Management Strategy, at a
minimum, shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to rainfall and run-on flows. Wherever practical, the
permittee shall prevent exposure of all storage areas, material handling operations,
and manufacturing or fueling operations. In areas where elimination of exposure is
not practical, this review shall document the feasibility of diverting the stormwater
run-on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section 313
of Title III of the Superfund Amendments and Reauthorization Act (SARA) water
priority chemicals; and storage in anv amount of hazardous substancesin order to
prevent leaks and spills from contaminating stormwater runoff. A table or summary
of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected to
stormwater conveyance systems, the connection shall be controlled by manually
activated valves or other similar devices (which shall be secured closed with a
locking mechanism). Any stormwater that accumulates in the containment area
shall be at a minimum visually observed for color, foam, outfall staining, visible
sheens and dry weather flow, prior to release of the accumulated stormwater.
Accumulated stormwater shall be released if found to be uncontaminated by any
material. Records documenting the individual making the observation, the
description of the accumulated stormwater, and the date and time of the release
shall be kept for a period of five (S) years. For facilities subject to a federal oil Spill
Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan
fully compliant with the requirements of this permit may be used to demonstrate
compliance with this permit.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and on data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
Part I I Page 2 of l S
Permit No. NCS000295 '
3. Spill Prevention and Response Procedures. The Spill Prevention and Response
Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based
on a materials inventory of the facility. Facility personnel responsible for implementing
the SPRP shall be identified in a written list incorporated into the SPRP and signed and
dated by each individual acknowledging their responsibilities for the plan. A
responsible person shall be on -site at all times during facility operations that have
increased potential to contaminate stormwater runoff through spills or exposure of
materials associated with the facility operations. The SPRP must be site stormwater
specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC)
may be a component of the SPRP, but may not be sufficient to completely address the
stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may
be incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed and implemented.
The program shall address all stormwater control systems (if applicable), stormwater
discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial
activity areas (including material storage areas, material handling areas, disposal areas,
process areas, loading and unloading areas, and haul roads), all drainage features and
structures, and existing structural BMPs. The program shall establish schedules of
inspections, maintenance, and housekeeping activities of stormwater control systems,
as well as facility equipment, facility areas, and facility systems that present a potential
for stormwater exposure or stormwater pollution where not already addressed under
another element of the SPPP. Inspection of material handling areas and regular
cleaning schedules of these areas shall be incorporated into the program. Timely
compliance with the established schedules for inspections, maintenance, and
housekeeping shall be recorded and maintained in the SPPP.
S. Facility Inspections. Inspections of the facility and all stormwater systems shall occur
as part of the Preventative Maintenance and Good Housekeeping Program at a
minimum on a semi-annual schedule, once during the first half of the year (January to
June), and once during the second half (July to December), with at least 60 days
separating inspection dates (unless performed more frequently than semi-annually).
These facility inspections are different from, and in addition to, the stormwater
discharge characteristic monitoring at the outfalls required in Part II B, C, and D of this
permit.
6. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill
response and cleanup, preventative maintenance activities, and for any of the facility's
operations that have the potential to contaminate stormwater runoff. The facility
personnel responsible for implementing the training shall be identified, and their
annual training shall be documented by the signature of each employee trained.
7. Responsible Party. The SPPP shall identify a specific position or positions responsible
for the overall coordination, development, implementation, and revision of the SPPP.
Part II Page 3 of 15
Permit No. NCS000295
Responsibilities for all components of the SPPP shall be documented and position
assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP
whenever there is a change in design, construction, operation, site drainage,
maintenance, or configuration of the physical features which may have a significant
effect on the potential for the discharge of pollutants to surface waters. All aspects of
the SPPP shall be reviewed and updated on an annual basis. The annual update
shall include:
(a) an updated list ofsignifrcantspills or leaks of pollutants for the previous three
(3) years, or the notation that no spills have occurred (element of the Site
Overview);
(b) a written re -certification that the stormwater outfalls have been evaluated for
the presence of non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on -site stormwater
BMPs (BMP Summary element of the Stormwater Management Strategy).
(d) a review and comparison of sample analytical data to benchmark values (if
applicable) over the past year, including a discussion about Tiered Response
status. The permittee shall use the Division's Annual Summary Data
Monitoring Report (DMR) form, available from the Stormwater Permitting
Program's website (See 'Monitoring Forms' here:
http: / /deQ.nc.gov/about/divisions/energy-mineral-land-resources/energy
mineral -land -perm its /stormwater- permits /npdes-industrial-sw).
The Director may notify the permittee when the SPPP does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee
shall submit a time schedule to the Director for modifying the SPPP to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes
have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution
Prevention Plan and all appropriate BMPs consistent with the provisions of this permit,
in order to control contaminants entering surface waters via stormwater.
Implementation of the SPPP shall include documentation of all monitoring,
measurements, inspections, maintenance activities, and training provided to
employees, including the log of the sampling data and of actions taken to implement
BMPs associated with the industrial activities, including vehicle maintenance activities.
Such documentation shall be kept on -site for a period of five (5) years and made
available to the Director or the Director's authorized representative immediately upon
request.
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1.
All analytical monitoring shall be performed during a measureable storm event at each
Part iI Page 4 of 15
Permit No. NCS000295
stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with
industrial activity must be sampled (See Definitions).
A measurable storm event is a storm event that results in an actual discharge from the
permitted site outfall. The previous measurable storm event must have been at least 72 hours
prior. The 72-hour storm interval does not apply if the permittee is able to document that a
shorter interval is representative for local storm events during the sampling period, and the
permittee obtains approval from the local DEMLR Regional Engineer. See Definitions,
Table 1. Analytical Monitoring Requirements
Discharge
Measurement
Sample
Sample
Characteristics
Units
Fre uenc 1
Type2
Location3
Total Suspended Solids TSS 4
m L
quarterly
Grab
SDO, U&D4
Non -Polar Oil & Grease by
mg/L
quarterly
Grab
SDO
EPA Method 1664 SGT-HEM
Chemical Oxygen Demand COD
m L
I quarterly
Grab
SDO
H
standard
quarterly
Grab
SDO
Turbiditys
NTU
See Footnote 5
Grab
SDO, U&D5
Total Rainfall6
inches
uarterl
quarterly
Rain
-
Gauge
Footnotes:
1 Measurement Frequency: Quarterly (unless other provisions of this permit prompt monthly sampling)
during a measureable storm event, until either another permit is issued for this facility or until this
permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three
response actions under the previous permit, the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or
the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30
minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be
kept on site.
4 If TSS at any SDO exceeds the TSS benchmark for two consecutive monitoring periods, monitoring of all
parameters in the receiving water, directly upstream (U) and downstream (D) of the SDO, shall be required
in accordance with Part I1, Section B, Table 3, Footnote 1.
5 Turbidity is only required to be monitored in accordance with Part 11, Section B, Table 3, Footnote 1. The
permittee may elect to monitor turbidity in the receiving water, directly upstream (U) and downstream (D)
of the SDO, to demonstrate the discharge has not caused an instream water quality standard violation of
turbidity.
6 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge
is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading
maybe substituted for an on -site reading.
Part II Page 5 of 15
Permit No. NCS000295
The permittee shall complete the analytical samplings in accordance with the schedule
specified below in Table 2, unless adverse weather conditions prevent sample collection
(see Adverse Weather in Definitions). Sampling is not required outside of the facility's
normal operating hours. A minimum of 60 days must separate Period 1 and Period 2
sample dates, unless monthly monitoring has been instituted under a "Tier Two"
response. Inability to sample because of adverse weather conditions must be documented
in the SPPP and recorded on the DMR. The permittee must report the results from each
sample taken within the monitoring period (see Part I1I, Section E). However, for purposes
of benchmark comparison and Tiered response actions, the permittee shall use the
analytical results from the first sample with valid results within the monitoring period.
Table 2. Monitoring Schedule
Monitoring periodl,z
Sample Number
Start
End
Year 1- Period 1
1
March 1, 2017
June 30, 2017
Year 1- Period 2
2
July 1, 2017
September 30, 2017
Year 1- Period 3
3
October 1, 2017
December 31, 2017
Year 1- Period 4
4
January 1, 2018
March 31, 2018
Year 2 - Period 1
S
April 1, 2018
June 30, 2018
Year 2 - Period 2
6
July 1, 2018
September 30, 2018
Year 2 - Period 3
7
October 1, 2018
December 31, 2018
Year 2 - Period 4
8
January 1, 2019
March 31, 2019
Year 3 - Period 1
9
April 1, 2019
June 30, 2019
Year 3 - Period 2
10
July 1, 2019
September 30, 2019
Year 3 - Period 3
11
October 1, 2019
December 31, 2019
Year 3 - Period 4
12
January 1, 2020
March 31, 2020
Year 4 - Period 1
13
April 1, 2020
June 30, 2020
Year 4 - Period 2
14
July 1, 2020
September 30, 2020
Year 4 - Period 3
15
October 1, 2020
December 31, 2020
Year 4 - Period 4
16
January 1, 2021
March 31, 2021
Year 5 - Period 1
17
April 1, 2021
June 30, 2021
Year 5 - Period 2
18
July 1, 2021
September 30, 2021
Year 5 - Period 3
19
October 1, 2021
December 31, 2021
Year 5 - Period 4
20
January 1, 2022
February 28, 2022
Footnotes:
1 Maintain quarterly monitoring until either another permit is issued for this facility or until this
permit is revoked or rescinded. The permittee must submit an application for renewal of coverage
before the submittal deadline (180 days before expiration) to be considered for renewed coverage
under the permit. The permittee must continue analytical monitoring throughout the permit
renewal process, even if a renewal permit is not issued until after expiration of this permit.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow' or "No Discharge" within 30 days of the end of the sampling period.
Failure to monitor quarterly per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period. "No discharge" from an
Part 11 Page 6 of 15
Permit No. NCS000295
outfall during a monitoring period does not constitute failure to monitor, as long as it is
properly recorded and reported.
The permittee shall compare monitoring results to the benchmark values in Table 3.
Exceedances of benchmark values require the permittee to increase monitoring, increase
management actions, increase record keeping, and/or install stormwater Best Management
Practices [BMPs] in a tiered program. See below the descriptions of Tier One, Tier Two, and
Tier Three response actions below. In the event that the Division releases the permittee from
continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's
release letter may remain in effect through subsequent reissuance of this permit, unless the
release letter provides for other conditions or duration.
Part 11 Page 7 of 15
Permit No. NCS000295
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristics
Units
Benchmark
Total Suspended Solids (TSS)1
50
Trout Waters
mg/L
(See Footnote 1)
Non -Polar Oil & Grease
by EPA Method 1664 (SGT-HEM)
mg/L
15
Chemical Oxygen Demand
mg/L
120
pH
standard
6-9
N/A
Turbidityz
NTU
(See Footnote 2)
Footnotes:
1 If TSS at any SDO exceeds the TSS benchmark for two consecutive monitoring periods, the permittee shall
institute monthly monitoring and reporting for all parameters (including turbidity) in the receiving water
directly upstream and downstream of the SDO and in accordance with the Tier Two Response. This is in
addition to the SDO monitoring requirements. Sampling of the receiving water shall not be required after
six monthly monitoring periods with a valid sample unless the Division requires additional sampling to
demonstrate that the receiving water has not been impacted by the stormwater discharges.
2 Turbidity is only required to be monitored in accordance with Part II, Section B, Table 3, Footnote 1.
Although this permit does not have an SDO benchmark for turbidity, the discharge shall not cause the
turbidity of the receiving water to exceed the instream water quality standard for trout waters which is
10 NTU. If the natural background turbidity of the receiving water exceeds the water quality standard,
turbidity of the receiving water shall not be increased above the natural background turbidity as a result
of the stormwater discharge.
The benchmark values in Table 3 are not permit limits but should be used as guidelines for
implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value
is not a permit violation; however, failure to respond to the exceedance as outlined in this
permit is a violation of permit conditions.
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any
parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling
results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations
within the benchmark range.
4. Implement the selected feasible actions within two months of the inspection.
S. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark
exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the
date the selected actions were implemented.
6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response.
Part II Page 8 of 15
Permit No. NCS000295
Tier Two
If: The first valid sampling results from two consecutive monitoring periods (omitting periods with no
discharge) are above the benchmark values, or outside of the benchmark range, for any specific parameter at
a specific discharge outfall;
Then: The permittee shall:
2. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct
monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two
consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three
consecutive sample results are below the benchmark values or within benchmark range.
3. if no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the
option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional
Engineer may direct the response actions on the part of the permittee as provided in Tier Three,
including reduced or additional sampling parameters or frequency.
5. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
Tier Three
If: The valid sampling results required for the permit monitoring periods exceed the benchmark value, or
are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the
permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth
analvtical results:
Then: The Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency for
some or all of the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize impacts on
receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater
pollution. Qualitative monitoring of stormwater outfalls must be performed during a
measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status. Qualitative monitoring shall be performed quarterly as
specified in Table 4, and during required analytical monitoring events (unless the
permittee is required to perform further qualitative monitoring per the Qualitative
Monitoring Response, below). Inability to monitor because of adverse weather conditions
Part I1 Page 9 of 15
Permit No. NCS000295
must be documented in the SPPP and recorded on the Qualitative Monitoring Report form
(see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with
industrial activity must be monitored (See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee
shall document the suspected cause of the condition and any actions taken in response to
the discovery. This documentation will be maintained with the SPPP.
Table 4. Qualitative Monitoring; Requirements
Discharge Characteristics
Frequency1
Monitoring
Location2
Color
quarterly
SDO
Odor
quarterly
SDO
Clarity
quarterly
SDO
Floating Solids
quarterly
SDO
Suspended Solids
quarterly
SDO
Foam
quarterly
SDO
Oil Sheen
quarterly
SDO
Erosion or deposition at the outfall
quarterly
SDO
Other obvious indicators
of stormwater pollution
quarterly
SDO
Footnotes:
1 Monitoring Frequency: Quarterly during a measureable storm event unless other provisions of this
permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods through the end of
this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal
process until a new permit is issued.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status.
A minimum of 60 days must separate monitoring dates, unless additional sampling has
been instituted as port of other analytical monitoring requirements in this permit.
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are
ineffective, or that significant stormwater contamination is present, the permittee shall
investigate potential causes, evaluate the feasibility of corrective actions, and implement
those corrective actions within 60 days, per the Qualitative Monitoring Response, below.
A written record of the permittee's investigation, evaluation, and response actions shall be
kept in the Stormwater Pollution Prevention Plan.
Part 11 Page 10 of 15
Permit No. NCS000295
ualitative Monitoring Response
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential
sources of stormwater pollution, and prompting the permittee's response to pollution. If the
permittee repeatedly fails to respond effectively to correct problems identified by qualitative
monitoring, or if the discharge causes or contributes to a water quality standard violation, the
Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for some
or all parameters (analytical or qualitative)
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities that have any vehicle maintenance activity occurring on -site which uses more
than 55 gallons of new motor oil per month when averaged over the calendar year
shall perform analytical monitoring as specified below in Table 5. All analytical
monitoring shall be performed during a measureable storm event at all stormwater
discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas,
and in accordance with the schedule presented in Table 2 (Section B).
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Fre uenc t
Sample
Type2
Sample
Location3
Non -Polar Oil &Grease by
EPA Method1664 SGT-HEM
mg/L
quarterly
Grab
SDO
Total Suspended Solids
m L
quarterly
Grab
SDO
Total Rainfal14
inches
quarterly
Rain gauge
New Motor Oil Usage
I gallons/month
I quarterly
I Estimate
I-
Footnotes:
1 Measurement Frequency: Quarterly during a measureable storm event (unless other provisions of the
permit prompt monthly sampling), until either another permit is issued for this facility or until this permit
is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this
permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions
under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in
Tier Two or Tier Three status until relieved by the provisions of this permit or the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation
between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within
the first 30 minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (00) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall
status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site.
Part ll Page 11 of 15
Permit No. NCS000295
4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain
gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge may
be substituted for an on -site reading.
Failure to monitor quarterly per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period, as provided in Part II
Section B.
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require
the permittee to increase monitoring, increase management actions, increase record
keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part
li Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge Characteristics
Units
Benchmark
Non -Polar Oil & Grease by
EPA Methodl664 CSGT-HEM)
mg/L
15
Total Suspended Solids
Trout Waters
mg/L
50
SECTION E: SPECIAL CONDITIONS
A (1.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S.143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and
became effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within
Part III of this permit (Standard Conditions for NPDES Permits):
• Section B. (3.) Signatory Requirements
• Section D. (6.) Records Retention
• Section E. (1.) Discharge Monitoring Reports
• Section E. (2.) Submitting Reports
1. Reporting Requirements fSypnlements Section E. (1.) and Supersedes Section E.
Effective December 21, 2016, or when the agency's. electronic reporting system is able
to accept NPDES stormwater permit monitoring data, the permittee shall report
discharge monitoring data electronically using the NC DWR's Electronic Discharge
Part IC Page 12 of 15
Permit No. NCS000295 '
Monitoring Report (eDMR) internet application. NC DEMLR will notify permittees
when eDMR is ready to accept stormwater monitoring data.
Monitoring results obtained during the previous month(s) shall be summarized for each
month and submitted electronically using eDMR. The eDMR system allows permitted
facilities to enter monitoring data and submit DMRs electronically using the internet.
Until such time that the state's eDMR application is compliant with EPA's Cross -Media
Electronic Reporting Regulation (CROMERR), permittees will be required to submit all
discharge monitoring data to the state electronically using eDMR and will be required
to complete the eDMR submission by printing, signing, and submitting one signed
original and a copy of the computer printed eDMR to the following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due
to the facility being physically located in an area where less than 10 percent of the
households have broadband access, then a temporary waiver from the NPDES
electronic reporting requirements may be granted and discharge monitoring data may
be submitted on paper DMR forms or alternative forms approved by the Director.
Duplicate signed copies shall be submitted to the mailing address above. See "How to
Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due no later than 30 days from
the date the facility receives the sampling results from the laboratory.
2. How-to Request a Waiver from Electronic Repord
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least sixty
(60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not
exceed 5 years and shall thereupon expire. At such time, monitoring data and reports
shall be submitted electronically to the Division unless the permittee re -applies for and
is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver
are found on the following web page:
1Lttp://deq.nc.gov/about/divisions/water-resources/edmr
PartII Page 13 of 15
Permit No. NCS000295
3. SignatoEy Requirements [Supplements Section B. and Supersedes Section
B. 3. d
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part III, Section B. (3.)(a) or by a duly authorized representative of that
person as described in Part ill, Section B. (3.)(b). A person, and not a position, must be
delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the eDMR system. For more
information on North Carolina's eDMR system, registering for eDMR and obtaining an
eDMR user account, please visit the following web page:
http://decnc.gov/about/divisions%water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system
shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
"1 certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible forgathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties far submitting false information, including the possibility of fines and
imprisonment for knowing violations."
4. Records Retention [Supplements Section D. (6.)
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3
years from the date of the report. This period may be extended by request of the
Director at any time [40 CFR 122.41].
Part 11 Page 14 of 15
Permit No. NCS000295
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the initial permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished
within 12 months of the effective date of the initial permit issuance.
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan
shall be developed and implemented prior to the beginning of discharges from the operation of the
industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified
in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of
stormwater discharges from the operation of the industrial activity.
Existing facilities previously permitted and applying for renewal: All requirements, conditions,
limitations, and controls contained in this permit (except new SPPP elements in this permit renewal)
shall become effective immediately upon issuance of this permit. New elements of the Stormwater
Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6
months of the effective date of this permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part II, Paragraph 2(b) of this permit shall be accomplished prior to the
beginning of stormwater discharges from the operation of the industrial activity.
2. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes
a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal
application [40 CFR 122.41].
a. The permittee shall comply with standards or prohibitions established under section 307(a) of
the CWA for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement [40 CFR 122.41].
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of
the Act, or any permit condition or limitation implementing any such sections in a permit issued
under section 402, or any requirement imposed in a pretreatment program approved under
sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $51,570 per
day for each violation (33 USC 1319(d) and 40 CFR 122.41(a)(2)].
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308,
318, or 405 of the Act, or any condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, or any requirement imposed in a pretreatment
program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or
both. In the case of a second or subsequent conviction for a negligent violation, a person shall be
subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment
of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)].
Part III Page 1 of 9
Permit No. NCS000295
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both. In the case of a second or subsequent conviction for a knowing violation, a person
shall be subject to criminal penalties of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)].
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act,
or any permit condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, and who knows at that time that he thereby places another person in
imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of
not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a
second or subsequent conviction for a knowing endangerment violation, a person shall be
subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and
can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)].
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against
any person who violates or fails to act in accordance with the terms, conditions, or requirements
of a permit [North Carolina General Statutes § 143-215.6A].
g. Any person may be assessed an administrative penalty by the Administrator for violating section
301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act
Administrative penalties for Class 1 violations are not to exceed $20,628 per violation, with the
maximum amount of any Class I penalty assessed not to exceed $51,570. Penalties for Class II
violations are not to exceed $20,628 per day for each day during which the violation continues,
with the maximum amount of any Class II penalty not to exceed $257,848 [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)].
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
permit which has a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
4. Civil and Criminal Liability
Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control
facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the
Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages,
such as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)].
Part III Page 2 of 9
Permit No. NCS00029S
Severabilitv
The provisions of this permit are severable, and if any provision of this permit, or the application of
any provision of this permit to any circumstances, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-231.
Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Permit Issuing
Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)].
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not
more than two years per violation, or by both. If a conviction of a person is for a violation committed
after a first conviction of such person under this paragraph, punishment is a fine of not more than
$20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41].
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
11. Onshore Qr Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
12. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
SECTION B: GENERAL CONDITIONS
Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as
are required by the agency authorized to issue permits no later than 180 days prior to the
expiration date, unless permission for a later date has been granted by the Director. (The Director
shall not grant permission for applications to be submitted later than the expiration date of the
existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days
prior to expiration, or any permittee that does not have a permit after the expiration and has not
requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures
as provided in NCGS §143-215.36 and 33 USC 1251 et. seq.
Part III Page 3 of 9
Permit No. NCS000295
2. Transfers
This permit is not transferable to any person without prior written notice to and approval from the
Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with
NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation
and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate
such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state
statute. The Permittee is required to notify the Division in writing in the event the permitted
facility is sold or closed.
3. Signatory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed
and certified [40 CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing, production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure
long term environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions taken to gather complete
and accurate information for permit application requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with corporate
procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, state, federal, or other public agency: by either a principal executive
officer or ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described in paragraph a. above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters for the company.
(A duly authorized representative may thus be either a named individual or any individual
occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221.
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements of paragraph (b) of this section must
be submitted to the Director prior to or together with any reports, information, or applications to
be signed by an authorized representative [40 CFR 122.22].
Part III Page 4 of 9
Permit No. NCS000295 '
d, Certification. Any person signing a document under paragraphs a. or b, of this section, or
submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR
122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
7 certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properlygather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible forgathering the
information, the information submitted is, to the best of my knowledge and helief, true, accurate,
and complete. 1 am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonmentfor knowing violations. "
4. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the
laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123;
Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et al.
S. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance does not stay any permit condition [40 CFR
122.41(f)].
6. Annual Administering and Compliance Monitoring FQe Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper OperatioL and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision requires
the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of this permit [40
CFR 122.41(e)].
Ned to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
permit [40 CFR 122.41(c)].
3. Bypassing of Stormwater Control Faciliti
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass
unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater, or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
Part III Page 5 of 9
Permit No. NCS000295
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 SamplinE
Samples collected and measurements taken, as required herein, shall be characteristic of the volume
and nature of the permitted discharge. Analytical sampling shall be performed during a measureable
storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. Monitoring points as specified in this permit shall not be changed without
notification to and approval of the Permit Issuing Authority [40 CFR 122.410)).
Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee
shall record the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
3. Flow Measurements
Where required, appropriate Flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge
requirements, then the most sensitive (method with the lowest possible detection and reporting
level) approved method must be used.
Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that
are required to be sampled, the permittee may petition the Director for representative outfall status.
If it is established that the stormwater discharges are substantially identical and the permittee is
granted representative outfall status, then sampling requirements may be performed at a reduced
number of outfalls.
Part III Page 6 of 9
Permit No. NCS000295 '
6. Rgcorrds Retention
Visual monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be
maintained on -site. The permittee shall retain records of all monitoring information, including
o all calibration and maintenance records,
o all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this permit, including Discharge Monitoring Reports
(DMRs),
o copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 5 years from the date of the
sample, measurement, report or application. This period may be extended by request of the Director
at any time [40 CFR 122.411.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to:
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location [40
CFR 122.41(i)].
SECTION E: REPORTING REQUIREMENTS
Discharge Monitoring Reoor
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to
the appropriate authority using an approved electronic DMA reporting system (e.g., eDMR). DMR
forms are available on the Division's website (http;ildeQ.nc.gov/about/divisionsjencrgy-mineral-
land-resources /en e rgy-m i neral-land-permits jstormwater-permits jrlpdes-industrial-sw).
Regardless of the submission method (paper or electronic), submittals shall be delivered to the
Division or appropriate authority no later than 30 days from the date the facility receives the
sampling results from the laboratory,
When no discharge has occurred from the facility during the report period, the permittee is required
to submit a discharge monitoring report, within 30 days of the end of the specified sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
If the permittee monitors any pollutant more frequently than required by this permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or
other appropriate instrument governing the discharge, the results of such monitoring shall be -
included in the data submitted on the DMR.
Part I I I Page 7 of 9
Permit No. NCS000295
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division, except upon the Division's
specific requirement to do so. Qualitative Monitoring Report forms are available at the website
above.
2. Submittrig Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. AyailabiIity of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be
available for public inspection at the offices of the Division. As required by the Act, analytical data
shall not be considered confidential. Knowingly making any false statement on any such report may
result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of
the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under all other
applicable discharge permits and provide this information with the stormwater discharge
monitoring report.
S. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged [40
CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in
the permit or subject to notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes at the permitted
facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)].
7. Spills
The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills
as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil
spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any
oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than
25 gallons that cannot be cleaned up within 24 hours.
8. Bypass
Notice [40 CFR 122.41(m)(3)1:
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and effect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of
an unanticipated bypass.
Part III Page 8 of 9
Permit No. NCS000295
9. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the circumstances.
A written submission shall also be provided within 5 days of the time the permittee becomes
aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR
122.41(1) (6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section
if the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at
the time monitoring reports are submitted [40 CFR 122.41(l)(7)].
11. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)].
Part III Page 9 of 9
NCS00029S
PART IV DEFINITIONS
1. Act
See Clean Water Act
2. Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical.
When adverse weather conditions prevent the collection of samples during the sample period, the
permittee must take a substitute sample or perform a visual assessment during the next qualifying
storm event. Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with SPPP records. Adverse weather does not exempt the permittee from
having to file a monitoring report in accordance with the sampling schedule. Adverse events and
failures to monitor must also be explained and reported on the relevant DM R.
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. However, non-stormwater discharges which shall be
allowed in the stormwater conveyance system include:
a. All other discharges that are authorized by a non-stormwater NPDES permit.
b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye
wash as a result of use in the event of an emergency.
4. Best Mana2ement Practice BMPs
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may
take the form of a process, activity, or physical structure. More information on BMPs can be found at:
httpo I/www.epa,gov./npdes/national-menu-best-management-practices-bmps-stormwater#edu.
S. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system, which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, intermediate products, manufactured products, waste materials, or by-
products with a single above ground storage container having a capacity of greater than 660 gallons
or with multiple above ground storage containers located in close proximity to each other having a
total combined storage capacity of greater than 1,320 gallons.
7. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under any General Permit and is signed by the Director.
8. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
9. Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
10. Director
Part IV Page 1 of 4
Permit No. NCS000295
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
11, EMC
The North Carolina Environmental Management Commission.
12, Grab Sample
An individual sample collected instantaneously. Grab samples that will he analyzed (quantitatively
or qualitatively) must be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term
storage facility or a surface storage facility.
15. Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm
events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two
copies of this information and a written request letter shall be sent to the local DEMLR Regional
Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on
site in the permittee's SPPP.
16. Municipal ar to Storm Sewer System M 4
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
17. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff. Industrial materials or activities include, but are not limited to, material handling equipment
or activities, industrial machinery, raw materials, intermediate products, by-products, final products,
or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES
Stormwater Permitting requirements only if a facility complies with the terms and conditions
described in 40 CFR §122.26(g).
18. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's
notice of intent to seek coverage under a General Permit.
19. Permit Issuing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above).
20. Permittee
The owner or operator issued this permit.
21. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
Part IV Page 2 of 4 Pages
Permit No. NCS000295
22. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
23. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to contain the 25-year, 24-hour storm event
24. Section 313 Water Priority_ChemiCial
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. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
25. Severe Property Damage
Substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
26. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or
production; hazardous substances designated under section 101(14) of CERCLA; any chemical the
facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges.
27. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section
102 of CERCLA (Ref: 40 CFR 302.4).
28. Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including
but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection
areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina.
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt
30. Stormwater Associated with Industrial Activity
Part IV Page 3 of 4 Pages
Permit No. NCS000295
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in "industrial activities" include those activities defined in
40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded
from the NPDES program.
31. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution potential of the site.
32. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be
found at httl2://deg.nc.goy/about/divisions/water-resources/121anningImodeling=
assessment/tmdls.
33. Toxic Pollutan
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations,
or airport deicing operations.
35. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water,
air, gravity, or ice from its site of origin which can be seen with the unaided eye.
36. 25-year. 24 hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once
in 25 years.
Part IV Page 4 of 4 Pages
JACKSON PAPER
MANUFACTURING
November 3, 2011
Stormwater Permitting Unit
Attn: Brian Lowther
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
RE: NPDES Stormwater Permit Coverage Renewal
Permit No. NCS000295
Jackson Paper Manufacturing Company
Sylva, North Carolina
Dear Mr. Lowther:
R12@120WIRY
NOV - 7 2011
DENR - VMTER QU&M
�ANDSAM STMftTM WAWH
Please find enclosed the renewal application for Jackson Paper Manufacturing
Company's NPDES stormwater permit.
Please contact me at (828) 586-5534, ext. 355 or jcarnesgjacksonpaper.net if you have
any questions or need any additional information.
Sincerely,
Josh Carnes
Environmental and Quality Manager
Jackson Paper Manufacturing Company
Enclosure: Renewal Application Form
SWPPP Development and Implementation Certification
Supplemental Information
NORTH CAROLINA'S LARGEST RECYCLED PAPER PRODUCER
152 WV lI NIAIN Simi r (t) PO Ra\ 607 G S)L+x. NC 28771) TFL (828) 586-553 4 FAX (828) 58i,-6755
��21
����
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Timothy L Campbell
Jackson Paper Manufacturing Company
PO Box 667
Sylva, NC 28779
Dear Permittee:
Division of Water Quality
Goleen H. Sullins
Director
September 2, 2011
Subject: NPDES Stormwater Permit Coverage Renewal
Sylva plant
Permit Number NCS000295
Jackson County
Dee Freeman
Secretary
Your facility is currently covered for stormwater discharge under NPDES Permit NCS000295. This
permit expires on April 30, 2012. To assure consideration for continued coverage under your
individual permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit.
Enclosed you will -find an individual permit Renewal Application Form, Supplemental Information
request, and Stormwater Pollution Prevention Plan Certification for your facility.
Filing the application.form along with the requested supplemental information will constitute your
application for renewal of this permit. Until your permit renewal is completed and you receive a new
permit, please continue to comply with all conditions and monitoring requirements in your expired
NPDES stormwater permit,
The application and supplement must be completed and returned to DWQ by November 3. 2011.
Failure to request renewal within this time period will result in delay of your permit renewal and may
result in a civil assessment. Discharge of stormwater from your facility without coverage under a valid
stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in
assessments of civil penalties of up to $25,000 per day.
If you have any questions regarding permit renewal procedures please contact Brian Lowther of the
Stormwater Permitting Unit at (919)-807-6368 br brian.lowther@ncdenr.gov.
Sincerely,,
Bradley Bennett, Supervisor
Stormwater Permitting Unit
Cc: Central Files
SPU Files
Asheville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N Salisbu!y St. Raleigh, North Carolir:a 27604
Phone 919-807-53001 FAX 919-r 07-6492 i Customer Servir--: 1-877-623-6748
Interne:: www.ncwatergc,ilit,.org
An Equal OpportuniylF."ivativeAc m Employer
Nort.Carolina
;Vavrally
o�o4warF9oG Permit Coverage
Renewal Application Form permit Number
" National Pollutant Discharge Elimination System NC5000295
Stormwater Discharge Permit
The following is the information currently in our database for your facility. Please review this information carefully and
make all corrections/additions as necessary in the space provided to the right of the current information.
Owner Affiliation Information
Owner / Organization Name:
Owner Contact:
Mailing Address:
Phone Number:
Fax Number:
E-mail address:
* Reissued Permit will be marled to the owner address
Jackson Paper Manufacturing Company
Mr. Timothy L Campbell
PO Box 667
Sylva, NC 28779
(828)586-5534
Facility/Permit Contact Information
Facility Name: Sylva plant
Facility Physical Address: 152 W Main St
Sylva, NC 28779
Facility Contact:
Mailing Address:
Phone Number:
Fax Number:
E-mail address:
Discharge. Information
Receiving Stream
Stream Class:
Basin:
Sub -Basin:
Number of Outfalls:
Scott Creek
C; Tr
Little Tennessee River Basin
04-04-02
3L56 CArACS
L
r!
Ind r
_16^ r. riet
Impaired Waters/TMDL
Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? ❑ Yes ❑ No E Don't Know
( for information on these waters refer to http://h2o.enr.state.nc.uslsulimpaired Waters TMDL,/ )
CERTIFICATION
I certify that I am familiar with the information contained in the application and that to the best of my knowledge and
belief such information is true, complete and accurate.
v
Signatu Date l0 36 `
IT
r� k� V Q 1 C`c7
Print or typ name of pe igning above Title
Please return this completed renewal application form to: Stormwater Permitting Unit
Attn: Brian Lowther
1617 Mail Service Center
Raleigh, North Carolina 27G99-1617
..... _. ,. i%���b;" -.. .. .. �. ..
STU�ItMWATER POLLUTION PREVENTION PLAN
DEVELOPMENT AND IMPLEMENTATION
CERTIFICATION
North Carolina Division of Water Quality - Stormwater Permitting Unit
Facility Name:
Permit Number:
Location Address
County
Sylva plant
NCS000295
152 W Main St
Sylva, NC 28779
Jackson
"I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all
attachments were developed and implemented under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP.
Based on my inquiry of the person or persons who manage the system, or those persons directly responsible
for gathering the information, the information gathered is, to the best of my knowledge and belief, true,
accurate and complete."
And
"I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP
has been fully implemented at this facility location in accordance with the terms and conditions of the
stormwater discharge permit."
And
"I am aware that there are significant penalties for falsifying information, including the possibility of fines and
imprisonment for knowing violations."
Sign (according to permit signatory requirements) and return this Certification. DO NOT
SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION.
SignaturE
Date 10 H31 i
CF T
Titl
SPPP Certifk aftn L�109
SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL
NPDES STORMWATER PERMIT
Two copies of each of the following shall accompany this submittal in order for the application
to be considered complete:
(Do not submit the site Stormwater Pollution Prevention Plan)
Initials
1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of
industrial activities (including storage of materials, disposal areas, process areas and
loading and unloading areas), drainage structures, drainage areas for each outfall,
building locations and impervious surfaces should he clearly noted.
yl(% 2. A summary of Analytical Monitoring results during the term of the existing permit
(if your permit required analytical sampling). Do not submit individual lab reports.
The summary can consist of a table including such items as outfall number,
parameters sampled, lab results, date sampled, and storm event data. H
3. A summary of the Visual Monitoring results. Do not submit individual monitoring
reports. The summary can consist of a table including such items as outfall number,
parameters surveyed, observations, and date monitoring conducted.
4. A summary of the Best Management Practices utilized at the permitted facility.
Summary should consist of a short narrative description of each BMP's in place at
the facility. If the implementation of any BMP's is planned, please include
information on these BMP's.
S. A short narrative describing any significant changes in industrial activities at the
permitted facility. Significant changes could include the addition or deletion of
work processes, changes in material handling practices, changes in material storage
practices, and/or changes in the raw materials used by the facility.
6. Certification of the development and implementation of a Stormwater Pollution
Prevention Plan for the permitted facility (Sign and return attached form).
If the final year analytical monitoring of the existing permit term has not been completed
prior to tiling the renewal submittal, then the last years monitoring results should be submitted
within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal
waiting on lab results)
M
1 •►
Corer
\ r /I J
\
/ Sampling Point
r for Outtals 00`�
+ Ashes Stormwater
It swan d am� - Storage I Drain — -
rDome +•
Sampling Point
for Outfall 002
Sampling Polni
♦ Z `^r
�♦ UjAwnt
5torwraga
r jjff jj
Iv
EXPLANATION
e Manhote
a Storm Inlet
• Roof drain
• Storm Junction box
Stormwater d' ♦ - ' - Drainage pipe
_ . = Drainage ditch
Drain �, --.- Drainage area boundary
%�, w Run-off flow direction
% 16
Ira -^'��., ° ♦`�
♦
Z� ?r- �♦.
a ♦�
•!�
imk:el Staraga Bulldkg �.� �- �
Spill Kit In Building
JI
`LPG Tank
EChemical Twe !
/ Tota Storage
0 200 400
Scale in Feet I r
r
ENV[ RON Figure
3
DRAFTED BY; 1GMILES DATE: 11ril2011
Summary of Semi -Annual Visual Monitoring Results
6/18/09 Semi -Annual inspection of the waste water treatment area, boiler polymer
storage, outside paper storage, truck dock oil tank, shipping dock area, HD chest area,
mill water (north/south basin), rail dock, drum storage, bottom ash storage, plastic
storage, kerosene tank and diesel tank areas. These areas were observed to be in good
condition. The recycle biocide tank area had a small amount of loose plastic that was
removed. The secondary containment for the gasoline tank was bent but the unit would
still function if a leak occurred. There were areas where plastic had blown from the
boiler conveyors and facility personnel were used to clean these areas.
11/17/09 Semi -Annual inspection of the waste water treatment area, boiler polymer
storage, outside paper storage, truck dock oil tank, shipping dock area, HD chest area,
recycle biocide tank, mill water (north/south basin), rail dock, drum storage, bottom ash
storage, plastic storage, kerosene tank, diesel tank, and gasoline tank (bent) areas. These
areas were observed to be in good condition. It was noted that saw dust was migrating
from the fuel piles but that the cat tails, ditches and BMP's that have been installed
around the fuel yard were stopping the sawdust from reaching the drains in the area.
Also noted was soil erosion and sedimentation around the area where water enters the
property from a state the crossing Chipper Curve Rd. from Allen St. There was also
visible erosion along the railroad tracks from water crossing Harold St. and running along
the rail bed. Both of these areas drain to Outfall 43 and have been noted in Tier 1
inspections. Additional samples from these areas were taken starting in September 2009
for permit analytical parameters and additional monitoring has been performed to show
the amount of additional contamination entering the Jackson Paper site from upgradient,
offsite sources. Jackson Paper was asked to take additional samples by Linda Wiggs
after Tier I investigations showed that the facility was experiencing offsite pollution
entering the property.
6/24/10 Semi -Annual inspection of the waste water treatment area, boiler polymer
storage, outside paper storage, truck dock oil tank, shipping dock area, HD chest area,
mill water (north/south basin), rail dock, drum storage, bottom ash storage, plastic
storage, kerosene tank, diesel tank, and gasoline tank (bent) areas. These areas were
observed to be in good condition. The recycle biocide tank had plastic inside the
secondary containment that was removed. The state tile that enters to Outfall #3 is
partially blocked due to sediment that has built up behind the rip rap that NCDOT placed
in front of tile to catch sediment. NCDOT was contacted about the condition of the tile.
11/15/10 Semi -Annual inspection of the waste water treatment area, boiler polymer
storage, outside paper storage, truck dock oil tank, shipping dock area, HD chest area,
recycle biocide tank, mill water (north/south basin), rail dock, drum storage, bottom ash
storage, plastic storage, kerosene tank, diesel tank, and gasoline tank (bent) areas. These
areas were observed to be in good condition. The state tile and rail road track areas
continue to show signs of erosion and sediment migrating onto property.
Page 1 11 /3/2011
5/11/11 Semi -Annual inspection of the wastewater treatment area, boiler polymer
storage, outside paper storage, truck dock oil tank, shipping dock area, HD chest area,
recycle biocide tank, mill water (north/south basin), rail dock, drum storage, bottom ash
storage, plastic storage, kerosene tank, diesel tank, and gasoline tank (bent) areas. These
areas were observed to be in good condition. It was noted during the inspection that silt
fence and rip rap BMP's are performing to the best of their ability. It was also noted that
the areas on the rail road and state tile are continuing to show signs of erosion and
sediment.
Page 2 11/3/2011
Summary of Monthly Visual Monitoring Results
A monthly qualitative monitoring report was performed while taking samples at
each outfall. Parameters or indicators of storm water pollution that were observed for
each outfall consisted of outfall description, water color, odor, clarity, floating solids,
suspended solids, foam, oil sheen, deposition at outfall, erosion at outfall, and other
obvious indicators of stormwater pollution.
Outfall #1 area consists of a parking area for employees and visitors that has about 20
parking spaces, loading and unloading of delivery trucks to and from the facility at 3
docks, a truck staging/turning area, grass lawns and island separating the facility from
business highway 23/74/107 (Main Street) except where vehicles can turn into the facility
at either end of the parking area. The street is sloped so that the water from the street for
approximately 50 yards to the north of the facility to about 75 yards to the south of the
facility runs to a drain in the parking area. The total length of drainage from the street is
approximately 150 to 200 yards long by 25 yards wide. The flow from the street is
approximately 80% of the flow to Outfall # 1. The color is typically gray to black and
varies from light to dark in tint. There has been no observed odor at this outfall. Clarity
has ranged on a scale from 1 to 10 with 10 being very cloudy. Floating solids have
typically ranged from 1 to 5 on a 10 point scale with 10 being the surface covered in
floating solids. Suspended solids have ranged from 1 to 10 with 10 being extremely
muddy. Foam has not been observed at this outfall. Oil sheen has been noted
occasionally but it is typically very light. Deposition has been noted as road
grit/dust/sand throughout the parking area coming from the street and has been cleaned
and removed from the area on a regular basis. The road grit/dust/sand has been listed as
other obvious indicators of stormwater pollution and is related to snow and ice events in
the winter with NCDOT using salt, brine and sand/chat mixtures. The Road
grit/dust/sand is also present during the remainder of the year and continually deposits in
areas across the parking lot.
Outfall #2 drains an area consisting of building roof drains from the warehouse and paper
machine building roofs and a drain that collects water from a parking area between the
paper machine building and around waste water treatment. The outfall also drains ground
water from under the facility due to the pipe structure being level to or below the water
table. This outfall has continuous flowing water. The color has been noted as clear.
Odor has been recorded as having an earthy or musty smell. Clarity has been recorded
from 1 to 5 (on a scale of 10, see above). Floating and suspended solids have been noted
from 1 to 3 (on a scale of 10, see above). Foam and oil sheen, as well as deposition and
erosion, have not been recorded for this outfall. The three turbidity exceedances that
were recorded since the issuance of the last permit are thought to be a result of reduced
flow from this outfall at the time of sampling. One oil and grease exceedance was noted
at this outfall since the issuance of the last permit. The exceedance occurred while
maintenance work was being performed on the roof and part of the roof was being
replaced. All other storm events that were monitored at this outfall were non -detect for
oil and grease.
Page 3 11/3/2011
Outfall #3 drains the areas around the boiler and sawdust/fuel receiving and storage,
bottom ash storage and boiler ponds, the recycle pulp facility, cardboard bale receiving
dock and storage, several masonry storage buildings for spare equipment and the railroad
tracks that service the facility. Color has typically had reddish to brown tint and ranges
from light to dark. The odor was typically noted as earthy or musty. Clarity and
suspended solids ranged from 1 to 10 (on a scale of 10, see above) and floating solids
were typically 1-4 (on a scale of 10, see above). Foam and oil sheen have not been
observed at this outfall. Other obvious signs of stormwater pollution have been noted
and monitored for this outfall, including the following:
• A drain tile crosses Chipper Curve road and enters the facility next to the fuel
storage piles. This stormwater comes from a few houses that have gravel roads
and garden areas onto Allen Street and then down a bank to Chipper Curve Road.
This stormwater stream is causing erosion and sedimentation around the area
where the stormwater enters our facility's property. In June 2009 NCDOT was
contacted about the situation and they placed a section of corrugated pipe to the
drain box on Allen Street that originally ran down the bank and was eroding the
area_ NCDOT placed rip rap at the bottom of the tile where it discharged to
Chipper Curve Rd. They also placed rip rap at the end of the state tile coming
from Chipper Curve onto Jackson Paper property. Additional samples for permit
parameters were taken at this site and are being submitted as Attachment 4.
• Further inspection of the drainage area for Outfall #3 showed signs of sediment
and erosion along the railroad tracks at Harold Street. Water in this area also
comes across Chipper Curve road and runs down Harold Street until it reaches the
rail crossing where it flows down the tracks towards drains that discharge to
Outfall #3. Samples for permit parameters have also been taken and are being
submitted in Attachment 4.
Page 4 11/3/2011
Summary of Best Management Practices
Jackson Paper has utilized several different BMPs at Outfalls #1 and #3 in order to meet
the benchmarks for the facility. At Outfall #1 the facility has used drain filter inserts that
hang below the storm drain and filter debris and sediment as it passes through the filter
since February 2010. The filter handles low to moderate water flow well and a slight
reduction of TSS and Turbidity can be achieved. The parking area for OutfalI #1 has
been cleaned and debris is removed on a regular basis by maintenance crews. In
addition,Jackson Paper has hired a local paving company to brush the parking area from
time to time with a street sweeper when the lot becomes too dirty to clean by hand. Due
to the amount of water entering this Outfall from offsite we believe we are not seeing the
full effects that our BMPs (i.e. drain filters and cleaning) should have on our discharges.
Outfall #3 has also seen the implementation of BMPs throughout the drainage area. After
working with NCDOT to repair and better construct the piping system from Allen Street
to Chipper Curve Road and the installation of additional rip rap at the outlet of the tile,
Jackson Paper also added silt fences, rip rap and drain covers around the fuel storage area
beginning in July 2009.' The additional silt fences were placed along with rip rap to slow
the flow of water coming from Chipper Curve. There were several places where this was
implemented to add depth and settling time to the drainage ditches. The drain covers
were installed to insure that any plastic or sawdust that did reach the drainage ditch
would not make it to Outfall #3. These units also serve as an additional filter for the
water because the material is a mesh style silt fence and we used several layers in each
location. Due to the high concentrations of monitored pollutants in this NCDOT
discharge generated offsite, we believe we are not seeing the full effects that our BMPs
(i.e., rip rap and silt fences) should have on our discharges. If the high concentrations of
pollutants entering our property from the NCDOT discharge were not present, we believe
our facility would meet the benchmark limits in our permit with the already established
BMPs at the facility.
Significant Changes in Industrial Activities
Jackson Paper has not made significant process changes or changes in industrial
activities. Two process water tanks at the waste water treatment facility were replaced
with new stainless steel tanks in 2011. A Hydrocal flotation unit was installed in 2009
parallel to a smaller unit that was already in use.
Page 5 11 /3/2011
Stormwater Sampling Results
Jackson Paper Manufacturing
Sylva, Norih Carolina
Oil and Crease I Turbidity TSS
BOD i pH I COD 4 Storm Event
Benchmark
30
10
100
30
(6-9)
120
Outfall
Date
Sampled
Result
m L
Benchmark
Exceedance?
YIN
Result
NTU
Benchmark
Exceedance?
YM
Result
m L
Benchmark
Exceedance?
YIN
Result
m
Benchmark
Exceedance?
YIN
Result
Benchmark
Exceedance?
YIN
Result
m L
Benchmark
Exceedance
YIN
27-Ma -09
ND
N
23
Y
41.5
N
9.6
N
7A
N
99.7
N
II-Jun-09
ND
N
8.8
N
13
N
5.6
N
Tl
N
55.6
N
13-Jul-09
ND
N
7.8
N
76
N
4.3
N
7.2
N
38.5
N
28-Au -09
21.3
N
42.0
Y
60
N
10.3
N
7.6
N
96.0
N
001
24-Se -09
ND
N
10
N
63.6
N
4.5
N
6.9
N
ND
N
4-Oct-09
ND
N
4.1
N
25.7
N
2.6
N
6.2
N
47.0
N
10-Nov-09
ND
N
21.0
Y
126.0
Y
13.6
N
8.2
N
125.0
Y
18-Dec-09
ND
N
17.0
Y
48.7
N
7.0
N
6.8
N
38.0
N
27-Ma -09
ND
N
1.5
N
23
N
ND
N
6.7
N
29.4
N
II-Jun-09
ND
N
3
N
4
N
7.2
N
6.8
N
58.9
N
13-Jul-09
ND
N
1
N
7.8
N
ND
N
6.5
N
ND
N
28-Au -09
ND
N
4.9
N
17.2
N
ND
N
7.1
N
ND
N
002
24-Se -09
ND
N
16
Y
95.5
N
7.1
N
6.9
N
29.0
N
4-Oct-09
ND
N
3.0
N
7.7
N
3.0
N
6.7
N
ND
N
10-Nov-09
ND
N
20.0
Y
56.7
N
12.0
N
7.1
N
63.0
N
I8-Dec-09
ND
N
2.0
N
ND
N
5.2
N
6.6
N
ND
N
27-Ma -09
ND
N
21
Y
710
Y
30
N
6.7
N
329
Y
II-Jun-09
ND
N
21
Y
7.5
N
ND
N
7.5
N
48.9
N
13-Jul-09
ND
N
39
Y
259
Y
22.7
N
7.3
N
98
N
28-Au -09
ND
N
5.1
N
11.6
N
3.1
N
8.0
N
37
N
003
24-Se -09
ND
N
420
Y
948
Y
20.2
N
7.8
N
238
Y
4-00-09
ND
N
24
Y
13.3
N
2.5
N
7.6
N
92.0
N
I0-Nov-09
ND
N
13.0
Y
10.0
N
4.4
N
7.6
N
70.0
N
18-Dec-09
ND
N
235.0
Y
362.0
Y
10.9
N
6.8
N
105.0
N
Notes:
1, May samples were collected W hours after the previous rainfall event. Rainfall totals during the month of May were significantly higher than normal rainfall.
.10 Inch
0.54
0.25
0.5
0.1
1.1
0.1
1.65
0.54
0.25
0.5
0.1
I
1.1
0.1
1.65
0.54
0.25
0.5
0.1
l
1.l
0.1
1.65
Attachment 1
Stormwater Sampling Results
Jackson Paper Manufacturing
Sylva, North Carolina
Oil and Grease
Turbidity
TSS
BOD
PH
COD
Storm Event
Benchmark
30
10
100
30
(6-9)
120
.10 Inch
Outfall
Date
Sampled
Result
m
Benchmark
Exceedance?
Y
Result
NTU
Benchmark
Exceedance?
YIN
Result
m
Benchmark
Exceedance.'
IN
Result
m
Benchmark
Exceedance?
YIA
Result
Benchmark
Exceedance?
Y
Result
m
Benchmark
Exceedance?
Y
29-Jan-10
ND
N
300.0
Y
158.0
Y
22.7
N
6.6
N
172,0
Y
2
3-Mar-10
ND
N
135.0
Y
69.3
N
22.6
N
6A
N
59.0
N
0.45
20-A r-10
ND
N
35.0
Y
96.0
N
40.9
Y
6.7
N
293.0
Y
0.23
11-Ma -10
ND
N
34,0
Y
46,0
N
15.9
N
72
N
97.0
N
0.17
21Jun-10
5.0
N
6.3
N
33.7
N
101.0
Y
6.4
N
326.0
Y
0.5
001
12-Jul-10
ND
N
12.0
Y
44.4
N
881
Y
7.2
N
280.0
Y
0.15
11-5 -10
ND
N
12.0
Y
43.0
N
21.6
N
7.2
N
71.0
N
3
22-5 -10
5.0
N
4.8
N
1.75
12-Oct-10
6.3
N
14.0
Y
14,8
N
93.2
Y
7.3
N
318.0
Y
0.2
24-Nov-10
8A
N
5.0
N
55.2
N
55.5
Y
7.1
N
153.0
Y
0.3
12-Dec-10
ND
N
6.A
N
16.7
N
69.6
Y
6.8
N
199.0
Y
3in. Snow
29-Jan-10
8.8
N
30.0
Y
40.3
N
8.4
N
7.3
N
33.0
N
2
3-Mar-10
ND
N
4.6
N
18.2
N
3.7
N
7.0
N
26,0
N
0.45
20-A r-10
ND
N
5.3
N
10.9
N
14.3
N
6.8
N
39.0
N
0.23
1 I -May- 10
ND
N
1.5
N
ND
N
2.0
N
6.9
N
ND
N
0.17
21-Jun-10
31.1
Y
2,9
N
5.9
N
8.4
N
6.5
N
38.0
N
0.5
002
12-Jul-10
ND
N
1.9
N
ND
N
4.1
N
6.9
N
59.0
N
0.15
11-Sep- 10
ND
N
3.5
N
9.2
N
6.8
N
7.0
N
28.0
N
3
22-S -10
17
N
6.2
N
1.75
12-Oct-10
ND
N
1.5
N
2.9
N
7.4
N
6.9
N
38.0
N
0.2
24-NOV-10
ND
N
1.0
N
ND
N
4.0
N
6.8
N
ND
N
0.3
12-Dec-10
I ND
N
3.5
N
4.0
N
4.3
N
6.9
N
35.0
N
3in, Snow
29-Jan-10
ND
N
9.0
N
ND
N
2.3
N
7.1
N
54.0
N
2
3-Mar-10
ND
N
10,0
N
10.7
N
2.3
N
7.3
N
57.0
N
0.45
20-A r-10
ND
N
31.0
Y
17.5
N
ND
N
7.4
N
39.0
N
0.23
11-May- 10
ND
N
20.0
Y
ND
N
8.0
N
7.5
N
49.0
N
0,17
21-Jun-10
ND
N
27.0
Y
21.8
N
12.4
N
7.4
N
60.0
N
0.5
003
I2-Jul-10
ND
N
11.0
Y
ND
N
ND
N
7.7
N
59.0
N
0.15
lI -Se -10
ND
N
5,1
N
ND
N
3.6
N
7.8
N
52.0
N
3
22-Se -10
325.0
Y
27.2
N
1.75
12-Oct-10
ND
N
6.1
N
ND
N
7.1
N
7.8
N
57.0
N
0.2
24-Nov-10
ND
N
4.8
N
11.8
N
6.2
N
7.8
N
46.0
N
0.3
12-Dec-10
I ND
N
4.9
N
3.3
N
ND
N
7.7
N
56.0
N
3in. Snow
M4ilH!
2. A sediment Alter wet Inserted Into the manhole of OudeA 001 In February 2010. The radllly WN condnus to monitor to determine If further BMPs are needed for that WWI
3. February 2010 the 72 hourperlod between rain events was not met due to the amount of rain and snow.
4. August 2010 Me 72 hour period between rain events was not met due to the amount of rain.
8. Retested Ou*113 1-3 for Turbldiry and 800 due to OrVpfnel samples not being tested before hold time expired.
Attachment 2
SlormwaterSampling Results
Jackron Paper Manufacturing
Sylva, North Carolina
Oil and Grease
Turbidity
TSS
BOD
pH
COD
Storm Event
Benchmark
30
10
100
30
6-9
120
.10 Inch
Outfall
Date
Sampled
Result
m L
Benchmark
Exceedance?
YIN)
Result
(NTU)
Benchmark
Exceedance?
(YIN
Result
m L
Benchmark
Exceedance?
YIN
Result
m
Benchmark
Exceedance?
YIN
Result
Benchmark
Exceedance?
YIN
Result
m L
Benchmark
Exceedance?
YIN
001
25-Jan-11
9.0
N
20.0
Y
282.0
Y
54.0
Y
6.8
N
321.0
Y
0.5
22-Feb-11
17.7
N
26.0
Y
167.0
Y
189.0
Y
7.3
N
550.0
Y
0.1
15-Mar-II
ND
N
6.7
N
20.0
N
18.3
N
6.7
N
75.0
N
0,74
20-A r-II
ND
N
71.8
Y
33,5
N
13.0
N
6.7
N
25.0
N
0.2
26-Ma -11
6.1
N
25.2
Y
78.5
N
102.0
Y
6.1
N
303.0
Y
1,6
10-Jun-II
ND
N
37.1
Y
19.2
N
101.0
Y
6.6
N
376.0
Y
0.46
14-Au -1I
ND
N
13.1
Y
23.2
N
46.2
Y
6.3
N
149.0
Y
0.9
20-Se -11
1 6.3
N
14.8
Y
9.7
N
34.0
Y
7.8
N
137.0,
Y
0.6
002
25-Jan-I1
ND
N
L9
N
7.6
N
9.3
N
6.8
N
51.1
N
0.5
22-Feb-11
ND
N
3.8
N
3.7
N
2.6
N
6.8
N
ND
N
0.1
t5-Mar-1i
ND
N
2A
N
10.4
N
ND
N
6.9
N
ND
N
0.74
20-A r-11
ND
N
8A
N
7.3
N
4.6
N
6.6
N
ND
N
0.2
26-Ma -1I
ND
N
3.8
N
7.5
N
7.1
N
6.2
N
39.0
N
L6
10-Jun-I1
ND
N
2.0
N
ND
N
5.0
N
6.6
N
38.0
N
0,46
14-Au -11
ND
N
5.8
N
23.1
N
9.9
N
69
N
42.0
N
0.9
20-Se -11
ND
N
2.5
N
ND
N
4.1
N
7.1
N
ND
N
0.6
003
25-Jan-Il
ND
N
7.9
N
7.3
N
ND
N
7.6
N
53A
N
0.5
22-Feb-II
ND
N
32.0
Y
11.3
N
ND
N
7.4
N
62.0
N
0,1
15-Mar-II
ND
N
36.0
Y
133.0
Y
9.8
N
7.4
N
55.0
N
0.74
20-A r-11
ND
N
11.2
Y
ND
N
ND
N
7.4
N
50.0
N
0.2
26-Ma -11
ND
N
8.4
N
4.2
N
ND
N
7.5
N
30.0
N
1.6
10-Jun-11
ND
N
8.4
N
ND
N
ND
N
7.3
N
ND
N
0.46
14-Au -11
ND
N
9.3
N
12.0
N
3.5
N
7.8
N
29.0
N
0.9
20-Se -11
ND
N
6.9
N
7.3
N
8.6
N
7.9
N
32.0
N
0.6
Nates:
6. July 2011 The 72 hour period between rain events was not met due to the amount of rain.
Attachment 3
Stermwater Sampling Results
Jacky r1'a1xrMwnefacruring
SrAn, Morrh Carohlal
Oil and Grease
Turbidity
TSS
BOD
pit
COD
Storm F vent
Benchmark
30
t0
100
30
6.9
120
.10inch
Ov[fall
Date Sampled
ResultUrnchmark
m
Exceedance'
YIN'
Result
1VTIi
Exceedanee7
YIN
Result Rtsul[
m 1,
Benchmark
Esrrrdanref
w.%
Result
m [.
Benchmark
Exeredance!
YIN
Result
Benchmark
Exeeecianre'
YP.Y I
Result
(.Zq,l
Benchmark
F%credance'.
4VINi
001
24-Se 09
ND
N
10
N
63.6
N
4,5
N
6,9
N
ND
N
1
002
24-Se -09
ND
N
16
Y
95,5
N
7.1
N
6.9
N
29.0
N
003
24-Se 09
ND
N
420
Y
948
Y
20.2
N
7.8
N
238
Y
Creek Pre
24-Scp.09
ND
N
525
1190
1
4.8
N
7
N
109
N
Creek Post
24-Se 09
ND
N
540
ti
1120
Y
5.3
N
6.9
N
104
N
State Tile
24-Se 09
ND
N
600
Y
1200
Y
8.2
N
6.9
N
119
N
RR Tracks
24-Se 09
ND
N
180
Y
114
Y
7.3
N
6.7
N
49
N
001
4-Oct-09
ND
I N
4.1
N
25.7
N
2.6
N
6.2
N
47.0
N
1, I
002
4.Oct-09
ND
N
3.0
N
7.7
N
3,0
N
6,7
N
ND
Y
003
4.Oct-09
ND
N
24
Y
133
N
2.5
N
7,6
N
92,0
N
Creek Pre
4-Oct-09
ND
N
6.2
N
9.2
N
ND
N
7.0
N
ND
N
Creek Post
4-Oct-09
ND
N
6.2
N
15.5
N
ND
N
6.9
N
ND
N
State Tile
4-Oct-09
5.00
N
91
125
9.1
N
6,7
N
52.0
N
RR Tracks
4-Oct-09
ND
N
46
52,7
N
3.8
N
6.8
N
45.0
N
001
l0-Nov-09
ND
N
21.0
Y
126.0
Y
13.6
N
8.2
N
125.0
Y
0.1
002
10-Nov-09
ND
N
20.0
Y
56.7
N
12.0
N
7.1
N
63.0
N
003
1 10-Nov-09
ND
N
13.0
Y
10.0
N
4,4
N
7.6
N
70.0
N
Creek Pre
10-Nov-09
ND
N
1.5
N
ND
N
ND
N
7.2
N
65.0
N
Creek Post
10-Nov-09
ND
N
8.0
N
107.0
Y
ND
N
7.1
N
ND
N
State Tile
10-Nov-09
ND
N
125.0
197.0
Y
6.7
N
6.9
N
63,0
N
RR Tracks
10-Nov-09
ND
N
39.0
1
642.0
IOA
N
7.4
N
202.0
Y
001
29-Jan-i0
ND
N
300.0
Y
158,0
Y
22.7
N 1
6.6
N
172,0
Y
2
002
29-Jan-10
8.80
N
30.0
Y
40.3
N
8.4
N
7.3
N
33.0
N
003
29-Jan-10
ND
N
9,0
N
ND
N
2.3
N
7.1
N
54.0
N
Creek Pre
29-Jan-10
ND
N
6,0
N
9.0
N
ND
N
7.3
N
ND
N
Creek Post
29-Jan-10
ND
N
5.0
N
14.0
N
ND
N
7,1
N
ND
N
State Tile
29-Jan-10
ND
N
155.0
330,0
Y
5.2
N
6,9
N
75.0
N
RR Tracks
29-Jan-to
ND
N
350.0
368,0
Y
8,4
N
72 1
N
99.0
N
001
3-Mar-10
ND
N
135.0
Y
69.3
N
22.6
N
6A
N
59-0
N
0-45
002
3-Mar-l0
ND I
N
4.6
N
182
N
3.7
N
7.0
N
26.0
N
003
3-Mar-l0
ND
N
10.0
N
10.7
N
2,3
N
7.3
N
57.0
N
Creek Pre
3-Mar-10
ND
N
2.0
N
ND
N
ND
N
6.3
N
ND
N
Creek Post
3-Mar-10
ND
N
5.6
5.7
N
ND
N
6.3
N
ND
NStele
Tile
3-Mar-10
ND
N
500.0250.0
N
9.1
N
6.4
N
76.0
N
RR Tracks
3-Mar-IQ
ND
N
625.0752.0
Y
8,3
N
6.5
N
39L0
Y
001
20-A r-10
ND
N
35.096.0
rN
N
40.9
Y
6.7
N
293.0
Y
0.23
002
20-A r-10
ND
N
5.310.9
N
14.3
N
6.8
N
39.0
N
003
20-A r-l0ND
N
31.017.5
N
ND
N
7.4
N
39.0
N
Creek Pre
20-A r-10
ND
N
3.09.2
N
ND
N
6.7
N
ND
N
Creels Post
20-A r-10
ND
N
2.2
N
9,9
N
ND
N
6.8
N
ND
N
RR Tracks
20-A r-]0
ND
N
280.0
Y
654,0
37.0
Y
b,9
N
436.0
Y
Attachment 4 Page 1 of 3 111312011
Stormwattr Sampling Results
Jarkwmi Payer Mmneef efurirrg
Syl. , North Camlirra
Oil and Grease
Turbidity
TSS
BOD
pH
COD
Storm f vent
Benchmark
30
10
100
30
6-9
120
.10 Inch
Outtalk
Date Sampled
Result
Imlt 1.l
Benchmark
Benchmark
fY'IN1
Rnu1t
IM1TU1
Benchmark
Exceedance!
1'!N
Result
(myJt.l
Benchmark
Excredanre!
Y1N1
1111j
Result
ImpJLI
Benchmark
Benchmark
f''1Nl
Result
Benchmark
Extetdance!
(l'/N)
Result
fmttlLl
Benchmark
Exctcdanct!
Y'1N
001
1 I -Ma -10
ND
N
34.0
Y
46.0
N
15.9
N
7.2
N
97.0
N
0.17
002
11-May- 10
ND
N
1.5
N
ND
N
2.0
N
6.9
N
ND
N
003
1I-Ma -10
ND
N
200
Y
ND
N
8.0
N
7.5
N
49.0
N
Creek Pre
11-Ma -10
ND
N
2.8
N
12.4
N
ND
N
7.3
N
ND
N
Creek Post
1 1-Ma -10
ND
N
3.7
N
ND
N
ND
N
7.1
N
ND
N
RR Tracks
l l-Ma -10
ND
N
54.0
74.1
N
22.2
N
7.1
N
151,0
Y
001
21-Jun-10
5.0
N
6.3
N
33.7
N
101.0
Y
6.4
N
326,0
1 Y
0.5
002
21-Jun-10
31.1
Y
2.9
N
5.9
N
8.4
N
6.5
N
38,0
N
003
21-Jun-10
ND
N
27.0
Y
21.8
N
12.4
N
7.4
N
60.0
N
Creek Pre
21-Jun-10
ND
N
60,0
Y
359,0
4,0
N
7.3
N
ND
N
Creek Post
21-Jun-10
ND
N
46.0
261,0
4.0
N
7.1
N
48.0
N
State Tile
21-Jun-10
ND
N
59.0
Y
482.0
'
17.9
N
6.6
N
168,0
Y
RR Tracks
21-Jun-10
ND
N
58,0
Y
195.0
14.6
N
6.8
N
55.0
N
001
12-Jul.10
ND
N
12.0
Y
44.4
N
88,2
Y
7.2
N
280.0
Y
0.15
002
12-Jul-10
ND
N
1,9
N
ND
N
4.1
N
6.9
N
59.0
N
003
12-Jul-10
ND
N
11.0
Y
ND
N
ND
N
7.7
N
59.0
N
Creek Pre
12-Jul-10
ND
N
20.0
100.0
N
ND
N
7.2
N
54.0
N
Creek Post
12-Jul-10
ND
N
19.0
Y
96.8
N
2.1
N
7.2
N
37.0
N
State Tile
RR Tracks
12-Jul-10
12-Jul-10
ND
ND
N
N
275.0
33.0
299.0
88.5
N
15,0
10.2
N
N
T2
6.9
N
N
123.0
74.0
Y
N
001
11-Sep-] 0
ND
N
12.0
Y
43.0 1
N
21.6
N
7.2
N
71,0
N
3
22-Sr 10
5.0
N
1 4.8
N
135
002
11-Se 10
ND
N
3.5
N
9.2
N
6.8
N
7.0
N
28.0
N
22-Se 10
2.7
N
6.2
N
003
11-Se -10
ND
N
5.1
N
ND
N
3.6
N
7,8
N
52,0
N
22-Se 10
325.0
Y
27.2
N
Creek Pre
11-Se 10
ND
N
9.0
N
233.0
ND
N
7.1
N
26.0
N
Creek Post
11-Se -10
ND
N
19,0
Y
124,0
Y-'
2,8
N
7.0
N
42.0
N
State Tile
11-Se 10
ND
N
130.0
929,0
Y
9.2
N
6.8
N
97.0
N
RR Tracks
11-Se 10
ND
N
130.0
187.0
Y
5.5
N
7.1
N
146.0
Y
001
12-Oct-10
6.3
N
14,0
Y
14.8
N
93.2
Y
7.3
N
318.0
Y
0.2
002
12-Oct-10
ND
N
1.5
N
2.9
N
7.4
N
6.9
N
38.0
N
003
12-Oct-10
ND
N
6.1
N
ND
N
T 1
N
7.9
N
57,0
N
Creek Pre
12.Oct-10
ND
N
40.0
158.0
V
6.7 1
N
6.8
N
36.0
N
Creek Post
12-Oct-l0
ND
N
42.0
150,0
7,4
N
6.9
N
47.0
N
Stets Tile
12-Oct-10
ND
N
28.0
46.0
N
[7.1
N
6.7
N
82.0
N
RR Tracks
12-Oct-10
ND
N
24.0
82,7
N
24,0
N
6.4
N
130.0
Y
Altachment 4 Page 2 of 3 11/312011
Stormwater Sampling Results
./ackwnPaper Maruefa wring
Syha, Norlh ( arohna
Oil and Grease
Turbidity
TSS
HOD
pH
COD
Storm Event
Benchmark
30
I0
100
30
6-9
120
.10 loch
OutraB
Date Sampled
Result
fmy/L)
Heochmark
E:recdance?
(YIN)
Result
(NTII)
Benchmark
Exceedence?
IYIN)
Rmult
(Inst(W
Benchmark
Exceednace!
(YIN I
Result
(MC L,
Benchmark
Exceedance?
/N
Result
Benchmark
Eutedance?
(YINI
Result
(mmrL)
Stnchmark
Exceedance?
YIN
001
24-Nov-10
8.4
N
5.0
N
55.2
N
55.5
Y
7.1
N
153.0
Y
0.3
002
24-14av-10
ND
N
1.0
N
ND
N
4.0
N
6.8
N
ND
N
003
24-Nov-10
ND
N
4.8
N
11.8
N
6.2
N
7.8
N
46.0
N
Creek Pre
24-Nov-10
ND
N
ND
N
5.0
N
ND
Y
7.0
N
ND
N
Creek Post
24-Nov-10
ND
N
3.7
N
27.9
N
2.2
N
6.8
N
ND
N
State Tile
24-Nov-10
ND
N
3.7
N
62.3
N
5.1
N
6.9
N
37,0
N
RR Tracks
24-Nov-10
ND
N
145.0
212.0
8.0
N
6.6
N
77.0
N
001
25-Jan-11
9.0
N
20.0
Y
282.0
Y
54.0
Y
6.8
N
321.0
Y
0.5
002
25-Jan-11
ND
N
1.9
N
7.6
N
9.3
N
6.9
N
51.1
N
003
25-Jan-II
ND
N
7.9
N
7.3
N
ND
N
7.6
N
53.4
N
Creek Pre
25-Jan-I1
ND
N
2.6
N
10.7
N
ND
N
6.7
N
ND
N
Creek Past
25-Jan-I1
ND
N
4.2
N
13.6
N
ND
N
6.7
N
ND
N
State Tile
25-Jan-I I
ND
N
37.0
404.0
9.6
N
6.7
N
140,0
RR Tracks
25-Jan-I I
ND
N
520.0
1260,0
27,6
N
6.7
N
483.0
Y
001
1 15-Mar-II
ND
N
6.7
N
20.0
N
18.3
N
6.7
N
75.0
N
0.74
002
15-Mar-11
ND
N
2.4
N
10.4
N
ND
N
6.9
N
ND
N
003
15-Mar-II
ND
N
36.0
Y
133.0
Y
9.8
N
7.4
N
55.0
N
Creek Pre
15-Mar-1 I
ND
N
23.0
58.7
N
ND
N
6,9
N
ND
N
Creek Post
15-Mar-I I
ND
N
24.0
66.2
N
N❑
N
6.9
N
ND
N
State Tile
15-Mar-I I
ND
N
148.0
161.0
3,1
N
6.9
N
29.0
N
RR Tracks
15-Mari 1
ND
N
72.0
162.0
3.3
N
6.8
N
ND
N
001
20-A -11
ND
N
71.8
Y
33.5
N
13.0
N 1
6,7
N
25.0
N
0.2
002
20-A -II I
ND
N
8A
N
73
N 1
4.6
N
6.6
N
ND
N
003
20-A r-1I
ND
N
11.2
Y
ND
N
ND
N
7.4
N
50.0
N
Creek Pre
20-A r-1 I
ND
N
13,6
25.0
N
ND
N
6.8
N
ND
N
Creek Post
20-A r-11
ND
N
17.2
24.3
N
N➢
N
6.3
N
ND
N
State Tile
20-A r-11
ND
N
442,0
224.0
14.1
N
6.3
N
38.0
N
RR Tracks
20-A r-I 1
ND
N
478.0
793,0
9.8 1
N
6.1
N
38.0
N
001
20-Se I
6.3
N
14.8
Y
9,7
N
34,0
Y
7.8
N
137.0
Y
0.6
002
20-Se 1 t
ND I
N
2.5
N
ND
N
4.1
N
7.1
N
ND
N
003
20 I I
ND
N
6.9
N
7.3
N
8.6
N
7.9
N
32.0
N
Creek Pro
20-Se 11
ND
N
2.4
N
4.2
N
ND
N
7.3
N
ND
N
Creek Post
20-Se 11
ND
N
1.7
N
4.0
N
ND
N
7.3
N
ND
N
Attachment 4 Page 3 of 3 11/ al l
NCS000295
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION
In compliance with the provisions of North Carolin�aGeneral 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,
Jackson Paper Man�cturing Company
i thorized�t di Yi r. a stormwater from a facility located at
s hereby au sca�g ty
Jackson Pa er"Manufacturing - S lva Plant
P Y
1S2 W. Main St.
Sylva, NC
Jackson County
to receiving waters designated as Scott Creek, a class C;Tr stream in the Little Tennessee
River Basin, in accordance with the discharge limitations, monitoring requirements, and
other conditions set forth in Parts 1, 1I, 111, and IV hereof.
Note: Draft Permit Dates are Approximate
This permit shall become effective [January 1, 2017].
This permit and the authorization to discharge shall expire at midnight on [December 31,
2021].
Signed this day [December 12, 20161.
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NCS00029S
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART 11 MONITORING, CONTROLS, AND LIMITATIONS -FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements.
/" / ),�—
Section C: Qualitative Monitoring Re" quirements
�f
Section D: On -Site VehicI M intenance Monitoring Requirements
Section E: Special Conditions
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
Section A: Compliance and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
S.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
11.
Onshore or Offshore Construction
12.
Duty to Reapply
0
Permit No. NCS000295
Section B: General Conditions
1. Permit Expiration
2. Transfers
3. Signatory Requirements
4. Permit Modification, Revocation and Reissuance, or Termination
5. Permit Actions
6. Annual Administering and Compliance Monitoring Fee
Requirements
Section C: Operation and Maintenance of Pollution`Coritrols
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a,D fense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records,,;'7 d
1.
Rep resentative,Samp ling
2.
Recording
Results,>
ment"s
3.
Flow Me su
AOY
res
4.
Test�Proced
5.
Representative Outfall
6.
Records'Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
S.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
Permit No. NCS000295
PART I INTRODUCTION
SECTION A:, INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge stormwater associated with industrial activity.
Such discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described
in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES
stormwater discharge permit requirements. Any owner or operator wishing to obtain a No
Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to
the Division; must receive approval by the Division must�maintain no exposure conditions
unless authorized to discharge under a valid NPDES•stormwater permit; and must recertify
the No Exposure Exclusion annually.t�
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is
stormwater to the surface wa1
has been adequately treated a
this permit. All stormwater di
permit. fi
Any other point source
odifie?,br revoked, the permittee is authorized to discharge
rs of North,Carolina or separate storm sewer system that
Finanaged•in accordance with the terms and conditions of
hages shall be in accordance with the conditions of this
eo surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or
approval. The stormwater discharges allowed by this permit shall not cause or contribute
to violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or_local law, rule, standard, ordinance, order, judgment, or
decree.
Part 1 Page 1 of 2
Permit No. NCS000295
SECTION C: LOCATION MAP
NC0000295
IN
w*-E
5
Map ..Scale 124, 000
I
{-" • �' ..�' �f�• if � ",,; +��
Jackson Paper Manufacturing - Syiva
la
*•,i'�t " ;,_', r jfr 'ri fr�rtti{lrJr�titi`
st
-�"`^•:r�.—� Ark-f�'jl-rn�-''' �`�%--="rti
'?��`���`�f� ��?-'���; ilk ��`�,� i�,' �f • :c
{ l l i a•
riim yip
r !w r' r `�. .cam ft�,�'� • .� i .R r _. !I: !�°s
r -V
'► t ti r0ozr1
Jackson Paper Manufacturing Company
Jackson.Paper Manufacturing - Sylva
Latitude: 350 21' 43" N
Longitude: 830 13' 08" W
County: Jackson
Receiving Stream: Scott Creek
Index No: 2-79-39
Stream Class: C;Tr
Sub -basin: 04-04-02 (Linde Tennessee River Basin)
_1 +A*
Facility Location
Permit No. NCS000295
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan
(SPPP). The SPPP shall be maintained on site unless exempted from this requirement by
the Division. The SPPP is public information in accordance with Part III, Standard
Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum,
the following items:
Site Overview. The Site Overview shall provide a description of the physical facility
and the potential pollutant sources that may be expeeted-to contribute to
it
contamination of stormwater discharges. The Site Overview -shall contain the following: -
(a) A general location map (USGSquadrangle.inap orappropriately drafted equivalent
( g
map), showing the facility's location in relation to transportation routes and surface
waters; the name of the receiving waters to,which the stormwater outfalls
fE i� j
discharge, or if the discharge is to a'muriicipal separate storm sewer system, the
name of the municipality and th Jultimate•receiving waters; and accurate latitude
and longitude of the points of-stormwater discharge associated with industrial
activity. The general location•map (or alternatively the site map) shall identify
whether any receiving waters are impaired (on the state's 303(d) list of impaired
waters) or if the site is locatediin�a watershed for which a TMDL has been
established, and w9atttthJparameters of concern are.
(b) A narrative description" of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants that
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary;
the stormwater discharge outfalls; all on -site and adjacent surface waters and
wetlands; industrial activity areas (including storage of materials, disposal areas,
process areas, loading and unloading areas, and haul roads); site topography and
finished grade; all drainage features and structures; drainage area boundaries and
total contributing area for each outfall; direction of flow in each drainage area;
industrial activities occurring in each drainage area; buildings; stormwater Best
Management Practices (BMPs); and impervious surfaces. The site map must
indicate the percentage of each drainage area that is impervious, and the site map
must include a graphic scale indication and north arrow.
(d) A list of significant spills or leaks of pollutants during the previous three (3) years
and any corrective actions taken to mitigate spill impacts.
Part II Page 1 of 15
Permit No. NCS000295
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The permittee shall re -certify annually that the
stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. The certification statement will be signed in accordance with the
requirements found in Part 111, Standard Conditions, Section B, Paragraph 3.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall
contain a narrative description of the materials management practices employed which
control or minimize the stormwater exposure of significant materials, including
structural and nonstructural measures. The Stormwater Management Strategy, at a
minimum, shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to rainfall and run on-flowherever practical, the
permittee shall prevent exposure of all storage�reasmaterial handling operations,
and manufacturing or fueling operations. In areas where elimination of exposure is
not practical, this review shall document.the feasibility of diverting the stormwater
run-on away from areas of potential contamination.
(b) Secondary Containment Require e n/ts _a)" d Records. Secondary containment is
required for: bulk storage. of liquid materials; storage in any amount of Section 313
of Title 1I-I of the Superfurid'Aniend'ments and Reauthorization Act (SARA) water
1riority chemicals; and st rage,inany amount of hazardous substances. in order to
prevent leaks and spills from contaminating stormwater runoff. A table or summary
of all such tanks andlftored materials and their associated secondary containment
areas shall be maintained.,If the secondary containment devices are connected to
stormwater conveyance�systems, the connection shall be controlled by manually
activated valves or other similar devices (which shall be secured closed with a
locking mechanism). Any stormwater that accumulates in the containment area
shall be at a minimum visually observed for color, foam, outfall staining, visible
sheens and dry weather flow, prior to release of the accumulated stormwater.
Accumulated stormwater shall be released if found to be uncontaminated by any
material. Records documenting the individual making the observation, the
description of the accumulated stormwater, and the date and time of the release
shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill
Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan
fully compliant with the requirements of this permit may be used to demonstrate
compliance with this permit.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and on data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
Part i i Page 2 of 15
Permit No. NCS000295
3. Spill Prevention and Response Procedures. The Spill Prevention and Response
Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based
on a materials inventory of the facility. Facility personnel responsible for implementing
the SPRP shall be identified in a written list incorporated into the SPRP and signed and
dated by each individual acknowledging their responsibilities for the plan. A
responsible person shall be on -site at all times during facility operations that have
increased potential to contaminate stormwater runoff through spills or exposure of
materials associated with the facility operations. The SPRP must be site stormwater
specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC)
may be a component of the SPRP, but may not be sufficient to completely address the
stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may
be incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping,Prog fm. A preventative
maintenance and good housekeeping program(shall be developed and implemented.
The program. shall address all stormwater control systems (if applicable), stormwater
discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial
activity areas (including material storage`areas, material handling areas, disposal areas,
process areas, loading and unloading areas,,andhaul roads), all drainage features and
structures, and existing structural BMPs.IThe program shall establish schedules of
inspections, maintenance, and housekeeping•activities of stormwater control systems,
as well as facility equipment, facility areas, and facility systems that present a potential
for stormwater exposure or stormwate pollution where not already addressed under
another element of the SPPP. Inspection of material handling areas and regular
cleaning schedules of these areas,shall be incorporated into the program. Timely
compliance with the established schedules for inspections, maintenance, and
housekeeping shall be recorded and maintained in the SPPP.
S. Facility Inspections. Inspections of the facility and all stormwater systems shall occur
as part of the Preventative Maintenance and Good Housekeeping Program at a
minimum on a semi-annual schedule, once during the first half of the year (January to
June), and once during the second half (July to December), with at least 60 days
separating inspection dates (unless performed more frequently than semi-annually).
These facility inspections are different from, and in addition to, the stormwater
discharge characteristic monitoring at the outfalls required in Part II B, Q and D of this
permit.
6. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill
response and cleanup, preventative maintenance activities, and for any of the facility's
operations that have the potential to contaminate stormwater runoff. The facility
personnel responsible for implementing the training shall be identified, and their
annual training shall be documented by the signature of each employee trained.
7. Responsible Party. The SPPP shall identify a specific position or positions responsible
for the overall coordination, development, implementation, and revision of the SPPP.
PartI I Page 3 of 1 S
Permit No. NCS000295
Responsibilities for all components of the SPPP shall be documented and position
assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP
whenever there is a change in design, construction, operation, site drainage,
maintenance, or configuration of the physical features which may have a significant
effect on the potential for the discharge of pollutants to surface waters. All aspects of
the SPPP shall be reviewed and updated on an annual basis. The annual update
shall include:
(a) an updated list of significant spills or leaks of pollutants for the previous three
(3) years, or the notation that no spills have occurred (element of the Site
Overview); �%
(b) a written re -certification that the storm wote 'o\ falls`have been evaluated for
the presence of non-stormwater dlscharges:(element-of the Site Overview);
(c) a documented re-evaluation of the e�ffectiveness.oPthe on -site stormwater
BMPs (BMP Summary element of the,Stormwater Management Strategy).
(d) a review and comparison ofsample,analytical,data to benchmark values (if
applicable) over the past year„including.afdiscussion about Tiered Response
status. The permittee shall use the Division's Annual Summary Data
Monitoring Report (DMR)formavailable from the Stormwater Permitting
f .�
Program's webs ite,,(Se e"Monitoring Forms' here:
httpp�ldeg.nc.gov, aboutl.divisions/energy-mineral-land-resources/eneray-
The Director may notify`me permittee when the SPPP does not meet one or more of the
minimum requirement ofth permit. Within 30 days of such notice, the permittee
shall submit a time schedule'to the Director for modifying the SPPP to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes
have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution
Prevention Plan and all appropriate BMPs consistent with the provisions of this permit,
in order to control contaminants entering surface waters via stormwater.
Implementation of the SPPP shall include documentation of all monitoring,
measurements, inspections, maintenance activities, and training provided to
employees, including the log of the sampling data and of actions taken to implement
BMPs associated with the industrial activities, including vehicle maintenance activities.
Such documentation shall be kept on -site for a period of five (5) years and made
available to the Director or the Director's authorized representative immediately upon
request.
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1.
All analytical monitoring shall be performed during a measureable storm event at each
Part II Page 4 of 1S
Permit No. NCS000295
stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with
industrial activity must be sampled (See Definitions).
A measurable storm event is a storm event that results in an actual discharge from the
permitted site outfall. The previous measurable storm event must have been at least 72 hours
prior. The 72-hour storm interval does not apply if the permittee is able to document that a
shorter interval is representative for local storm events during the sampling period, and the
permittee obtains approval from the local DEMLR Regional Engineer. See De nitions.
Table 1. Analytical Monitoring Requirements
Discharge
Measurement
Sample
Sample
Characteristics
Units
Fre uenc 1
TYpe2
Location3
Total Suspended Solids TSS 4
m L
� Q/uarterlY
Grab
SDO, U&D4
Non -Polar Oil & Grease by
m L
g�
,�quarterl
Grab
SDO
EPA Method 1664 SGT-HEM
Chemical Oxygen Demand (COD)
quarterly
Grab
SDO
H
standard-,,,
quarterly
Grab
SDO
Turbidi S
�NT,U
/See Footnote 5
Grab
SDO, U&D5
Total Rainfalls
J
Rain
-
<'\',<
`inches
uarterl
quaI rterly
I > I
I
Gauge
v
Footnotes: f/f )l;�
1 Measurement Frequency: Quarterly ( n ess other provisions of this permit prompt monthly sampling)
during a measareable m storevent,•unt'I either another permit is issued for this facility or until this
permit is revoked or rescinder&_lf the facility is monitoring monthly because of Tier Two or Three
response actions under the previous permit, the facility shall continue a monthly monitoring and
reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or
the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between
outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30
minutes, and shall continue until completed.
3 Sample Location; Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be
kept on site.
4 If TSS at any SDO exceeds the TSS benchmark for two consecutive monitoring periods, monitoring of all
parameters in the receiving water, directly upstream (U) and downstream (D) of the SDO, shall be required
in accordance with Part 11, Section B, Table 3, Footnote 1.
5 Turbidity is only required to be monitored in accordance with Part 11, Section B, Table 3, Footnote 1. The
permittee may elect to monitor turbidity in the receiving water, directly upstream (U) and downstream (D)
of the SDO, to demonstrate the discharge has not caused an instream water quality standard violation of
turbidity.
b For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge
is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading
maybe substituted for an on -site reading.
Part 11 Page 5 of 15
Permit No. NCS000295
The permittee shall complete the analytical samplings in accordance with the schedule
specified below in Table 2, unless adverse weather conditions prevent sample collection
(see Adverse Weather in Definitions). Sampling is not required outside of the facility's
normal operating hours. A minimum of 60 days must separate Period 1 and Period 2
sample dates, unless monthly monitoring has been instituted under a "Tier Two"
response. Inability to sample because of adverse weather conditions must be documented
in the SPPP and recorded on the DMR. The permittee must report the results from each
sample taken within the monitoring period (see Part III, Section E). However, for purposes
of benchmark comparison and Tiered response actions, the permittee shall use the
analytical results from the first sample with valid results within the monitoring period.
Table 2. Monitoring Schedule A A�
Monitoring periodi,2
Sample Number
Start
End -
Year 1- Period 1
1
JanuaryT201,7-//
March 31, 2017
Year 1 - Period 2
2
April,1, 2017-'�'
June 30, 2017
Year 1- Period 3
3
�July,1; 2917
September 30, 2017
Year 1-- Period 4
4
%0ctober�l, 2017
December 31, 2017
Year 2 - Period 1
5 %/
/Jant{ary 1, 2018
March 31, 2018
Year 2 - Period 2
6
/�' April 1, 2018
June 30, 2018
Year 2 - Period 3
7 t
LZ July 1, 2018
September 30, 2018
Year 2 - Period 4
\ 8�, �_�
October 1, 2018
December 31, 2018
Year 3 - Period 1
,//`9�.
January 1, 2019
March 31, 2019
Year 3 - Period 2
10 )/\/
April 1, 2019
June 30, 2019
Year 3 - Period 3
1f
July 1, 2019
September 30, 2019
Year 3 - Period 4
�_ �12
October 1, 2019
December 31, 2019
Year 4 - Period 1
13
January 1, 2020
March 31, 2020
Year 4 - Period 2
14
April 1, 2020
June 30, 2020
Year 4 - Period 3
i5
July 1, 2020
September 30, 2020
Year 4 - Period 4
16
October 1, 2020
December 31, 2020
Year 5 - Period 1
17
January 1, 2021
March 31, 2021
Year 5 - Period 2
18
April 1, 2021
June 30, 2021
Year 5 - Period 3
19
July 1, 2021
September 30, 2021
Year S - Period 4
20
October 1, 2021
December 31, 2021
Footnote
1 Maintain quarterly monitoring until either another permit is issued for this facility or until this
permit is revoked or rescinded. The permittee must submit an application for renewal of coverage
before the submittal deadline (180 days before expiration) to be considered for renewed coverage
under the permit. The permittee must continue analytical monitoring throughout the permit
renewal process, even if a renewal permit is not issued until after expiration of this permit.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period.
Failure to monitor quarterly per permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period. "No discharge" from an
Part II Page 6 of 15
Permit No. NCS000295
outfall during a monitoring period does not constitute failure to monitor, as long as it is
properly recorded and reported.
The permittee shall compare monitoring results to the benchmark values in Table 3.
Exceedances of benchmark values require the permittee to increase monitoring, increase
management actions, increase record keeping, and/or install stormwater Best Management
Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and
Tier Three response actions below. In the event that the Division releases the permittee from
continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's
release letter may remain in effect through subsequent reissuance of this permit, unless the
release letter provides for other conditions or duration.
Part II Page 7 of 15
Permit No. NCS000295
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristics
Units
Benchmark
Total Suspended Solids (TSS)1
50
Trout Waters
mg�L
(See Footnote 1)
Non -Polar Oil & Grease
by EPA Method 1664 (SGT-HEM)
mg/L
15
Chemical Oxygen Demand
mg/L
120
PH
standard
6-9
N/A
Turbidity2
NTU�
(See Footnote 2)
Footnotes:
1 If TSS at any SDO exceeds the TSS benchmark for two consecutive monitoring periods, the permittee abLU
institute monthly monitoring and reporting for al ,paramet rs,(including turbidity) in the receiving water
directly upstream and downstream of the SDO.and in accordance with the Tier Two Response. This is in
addition to the SDO monitoring requirements. Sampling of the receiving water shall not be required after
six monthly monitoring periods with a valid sample unless the Division requires additional sampling to
demonstrate that the receiving water h�as'not heen.impacted by the stormwater discharges.
2 Turbidity is only required to,l e,monitored iriCccordance with Part II, Section B, Table 3, Footnote 1.
Although this permit does not ]lave amSD"O,benchmark for turbidity, the discharge shall not cause the
turbidity of the Leceiving w Ito exceed,the instream water quality standard for trout waters which is
10 NTII. If the natural ba ckgTound`turbidity of the receiving water exceeds the water quality standard,
turbidity of the receiving,water shallnnot be increased above the natural background turbidity as a result
of the stormwater discharge. f
The benchmark values in Table 33 are nat permit limits but should be used as guidelines for
implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value
is not a permit violation; however, failure to respond to the exceedance as outlined in this
permit is a violation of permit conditions.
Part II Page 8 of 15
Permit No. NCS000295
Tier One if. The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any
parameter at anv outfall:
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling
results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations
within the benchmark range. ��
4. Implement the selected feasible actions within two months of•the inspection.
S. Record each instance of a Tier One response in the SPPP. include the date and value of the benchmark
exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the
date the selected actions were implemented. lj
6. Note: Benchmark exceedances for a different arameters arately trigger a tiered response.
Tier .Two
If. The first valid sampling results from two consecutive monitoring -periods (omitting periods with no
discharge) are above the benchmark values; nor outside -of the benchmark range, for any specific parameter at
a specific discharge outfall; T
Then: The permittee shall:
1. Repeat all the required actions outlinedabove in Tier One.
2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct
monthly monitoring at every `ut'� where a sampling result exceeded the benchmark value for two
consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three
consecutive sample results are below the benchmark values or within benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow' to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the
option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional
Engineer may direct the response actions on the part of the permittee as provided in Tier Three,
including reduced or additional sampling parameters or frequency.
5. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
Tier Three
If: The valid sampling results required for the permit monitoring periods exceed the benchmark value, or
are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the
permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth
analytical results;
Then: The Division may but is not limited to:
e require that the permittee revise, increase, or decrease the monitoring and reporting frequency for
some or all of the parameters herein;
e require sampling of additional or substitute parameters;
e require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measu
Part II Page 9 of 15
Permit No. NCS00029S
• require the permittee to perform upstream and downstream monitoring to characterize impacts on
receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater
pollution. Qualitative monitoring of stormwater outfalls must be performed during a
measurable storm event.
Qualitative monitoring requires a visual inspection of each 44rmwater outfall regardless of
representative outfall status. Qualitative monitoring shall`performed quarterly as
specified in Table 4, and during required analytical'm-onitoring.events (unless the
permittee is required to perform further qualitative•monitoring per the Qualitative
Monitoring Response, below). Inability to monitor because of adverse weather conditions
must be documented in the SPPP and recorded on the Qualitative Monitoring Report form
(see Adverse Weather in Definitions). Only SDOsdischa`rging stormwater associated with
industrial activity must be monitored i(See Definitions).
�Nt
In the event an atypical condition 's,noted`at a stormwater discharge outfall, the permittee
shall document the suspected cause ofthe,condition and any actions taken in response to
the discovery. This document- ion will maintained with the SPPP.
Table 4. Qualitative Monitoring Requirements
Discharge Characteristics
Frequericyz _•
Monitoring
Location2
Color
quarterly
SDO
Odor
quarterly
SDO
Clarity
quarterly
SDO
Floating Solids
quarterly
SDO
Suspended Solids
quarterly
SDO
Foam
quarterly
SDO
Oil Sheen
quarterly
SDO
Erosion or deposition at the outfall
quarterly
SDO
Other obvious indicators
of stormwater pollution
quarterly
SDO
Footnotes:
1 Monitoring Frequency: Quarterly during a measureable storm event unless other provisions of this
permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods through the end of
Part Il Page 10 of 15
Permit No. NCS00029S
this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal
process until a new permit is issued.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(00) regardless of representative outfall status.
A minimum of 60 days must separate monitoring dates, unless additional sampling has
been instituted as part of other analytical monitoring requirements in this permit.
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are
ineffective, or that significant stormwater contamination is present, the permittee shall
investigate potential causes, evaluate the feasibility of corrective actions, and implement
those corrective actions within 60 days, per the Qualitative Monitoring Response, below.
A written record of the permittee's investigation, evaluation, and response actions shall be
kept in the Stormwater Pollution Prevention Plan. /!f
qualitative Monitoring Response
Qualitative monitoring is for the purposes of evaluati6g,SPPP effectiveness, identifying new potential
sources of stormwater pollution, and prompting the,permittee's response to pollution. If the
permittee repeatedly fails to respond effectively to correct problems identified by qualitative
monitoring, or if the dischargecausestor con utes to a water quality standard violation, the
Division may but is not limit to:
require that the permittee revisepincrease, or decrease the monitoring frequency for some
or all parameters (analytical or qualitative)
• require the permittee/to install.structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee•to.perform upstream and downstream monitoring to characterize
impacts on receiving -waters; or
require the permittee implement site modifications to qualify for a No Exposure Exclusion.
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities that have any vehicle maintenance activity occurring on -site which uses more
than 55 gallons of new motor oil per month when averaged over the calendar year
shall perform analytical monitoring as specified below in Table S. All analytical
monitoring shall be performed during a measureable storm event at all stormwater
discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas,
and in accordance with the schedule presented in Table 2 (Section B).
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
- ' Units
Measurement
- Sample N
-' Sample
-
Fre uenc 1
Type2
Location3.
Non -Polar Oil & Grease by
EPA Method166¢ SGT-HEM
mg/L
quarterly
Grab
SDO
Part II Page 11 of 15
Permit No. NCS000295
Total Suspended Solids
m L
quarterly
Grab
SDO
Total Rainfall4
inches
quarterly
Rain gauge
New Motor Oil Usage.
gallons/month
quarterly
Estimate
-
Footnotes:
1 Measurement Frequency: Quarterly during a measureable storm event (unless other provisions of the
permit prompt monthly sampling), until either another permit is issued for this facility or until this permit.
is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this
permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions
under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in
Tier Two or Tier Three status until relieved by the provisions of this permit or the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation
between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within
the first 30 minutes, and shall continue until completed. NS/
3 Sample Location: Samples shall be collected at each stormwater i2 harge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur, -unless representative outfall
status (ROS) has been granted. A copy of the letter granting ROS shall be'kept on site.
4 For each sampled measureable storm event the total predipitation must be recorded. An on -site rain
gauge is required. Where isolated sites are unmanned.for.extended-periods of time, a local rain gauge may
be substituted for an on -site reading.
Failure to monitor quarterly per�permit_term's may result in the Division requiring
monthly monitoring for all parameters for a specified time period, as provided in Part II
Section B. X>
Monitoring results shall be com' paredrto 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-Planp(SPPP). Exceedances of benchmark values require
the permtttee to increase monitoring, increase management actions, increase record
keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part
I1 Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge Charatteristics
Units
Benchmark
Non -Polar Oil & Grease by
EPA Method1664 (SGT-HEM)
mg/L
15
Total Suspended Solids
Trout Waters
mg/L
50
Part 11 Page 12 of 15
Permit No. NCS000295
SECTION E: SPECIAL CONDITIONS
A (1.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports and specify that, if a state does not establish a system to
receive such submittals, then permittees must submit monitoring data and reports
electronically to the Environmental Protection Agency (EPA). The final NPDES Electronic
Reporting Rule was adopted and became effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within
Part III of this permit (Standard Conditions for NPDES Permits):
1.
• Section B. (3.) Signatory Requirements
• Section D. (6.) Records Retention
• Section E. (1.) Discharge Monitoring RE
• Section E. (2.) Submitting Reports
11
ff'Effetive December 21 2016 thPermitteeshall report discharge monitoring data
electronically using the NCDWR's'Electronic Discharge Monitoring Report (eDMR)
internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each
month and submitted electronically using eDMR. The eDMR system allows permitted
facilities to enter monitoring data and submit DMRs electronically using the internet.
Until such time that the state's eDMR application is compliant with EPA's Cross -Media
Electronic Reporting Regulation (CROMERR), permittees will be required to submit all
discharge monitoring data to the state electronically using eDMR and will be required
to complete the eDMR submission by printing, signing, and submitting one signed
original and a copy of the computer printed eDMR to the following address:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due
to the facility being physically located in an area where less than 10 percent of the
households have broadband access, then a temporary waiver from the NPDES
electronic reporting requirements may be granted and discharge monitoring data may
be submitted on paper DMR forms or alternative forms approved by the Director.
Duplicate signed copies shall be submitted to the mailing address above. See "How to
Request a Waiver from Electronic Reporting" section below.
Part II Page 13 of 15
Permit No. NCS000295
Regardless of the submission method, the first DM R is due no later than 30 days from
the date the facility receives the sampling results from the laboratory.
2. How to Request a Waiver from Electronic Reporting
3.
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least sixty
(60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not
exceed 5 years and shall thereupon expire. At such time, monitoring data and reports
shall be submitted electronically to the Division unless,the permittee re -applies for and
is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Oniy,permittees with an approved
reporting waiver request may submit monitoring data and`reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the applicatioi for'a"temporary electronic reporting waiver
are found on the following web page:�� 7)/-
B. (3.)(dll
All eDMRs submitted to",the.permit issuing authority shall be signed by a person
described in Part 111, Section B. (3.) (a) or by a duly authorized representative of that
person as described in Part III, Section B. (3.) (b). A person, and not a position, must be
delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the eDMR system. For more
information on North Carolina's eDMR system, registering for eDMR and obtaining an
eDMR user account, please visit the following web page:
http://deg.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system
shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
7 certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properlygather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
Part 11 Page 14 of 15
Permit No. NCS000295
responsible forgathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
4. Records Retention [Supplements Section_D. (6.),
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3
years from the date of the report. This period may be extended by request of the
Director at any time [40 CFR 122.41].
Part II Page 15 of 15
Permit No. NCS000295
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the initial permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished
within 12 months of the effective date of the initial permit issuance.
New Facilities applying for coverage for the first time: T`he'St rmwater 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,basiseeondary containment, as specified
:r-611
in Part I1, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning df
stormwater discharges from the operation of the i^^ndustrial�activity.
Existing facilities previously permitted and ap"-Jppl g.f�newal: All requirements, conditions,
limitations, and controls contained in this permit:(except new SPPP elements in this permit renewal)
shall become effective immediately upon jssua>4ce ofthis permit. New elements of the Stormwater
Pollution Prevention Plan for this permit renewal -shall be developed and implemented within 6
months of the effective date,,f this permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part IIsP ra agraph 2(b) of this permit shall be accomplished prior to the
beginning of stormwater discharges from t6 operation of the industrial activity.
Duty to Comply t X
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes
a violation of the Clean WaterAct�(CWA) and is grounds for enforcement action; for permit
termination, revocation and rreeissuance, or modification; or denial of a permit upon renewal
application [40 CFR 122.41].
a. The permittee shall comply with standards or prohibitions established under section 307(a) of
the CWA for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement [40 CFR 122.41].
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of
the Act, or any permit condition or limitation implementing any such sections in a permit issued
under section 402, or any requirement imposed in a pretreatment program approved under
sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $51,570 per
day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)].
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308,
318, or 405 of the Act, or any condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, or any requirement imposed in a pretreatment
program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or
both. in the case of a second or subsequent conviction for a negligent violation, a person shall be
subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment
of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)].
Part III Page 1 of 9
Permit No. NCS000295
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both. In the case of a second or subsequent conviction for a knowing violation, a person
shall be subject to criminal penalties of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both (33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)].
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act,
or any permit condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, and who knows at that time that he thereby places another person in
imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of
not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a
second or subsequent conviction for a knowing endangerment violation, a person shall be
subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii)�of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a -fine of not more than $1,000,000 and
can be fined up to $2,000,000 for second or subs equent_convictions,[40 CFR 122.41(a)(2)].
f. Under state law, a civil penalty of not more tha6�25;O00 pWviolation may be assessed against
any person who violates or fails to act in accordance with the terms, conditions, or requirements
of a permit [North Carolina General Statutes §-143-215.6A].
g. Any person may be assessed an administrative penalty by the Administrator, for violating section
301, 302, 306, 307,�308, 318 or 405 of this Act, or any permit condition or limitation
implementing any of such sections in a permit -issued under section 402 of this Act.
Administrative penalties far Class I'viola rioris`are not to exceed $20,628 per violation, with the
maximum amount of any'Class I penalty assessed not to exceed $51,570. Penalties for Class II
violations are not to exceed',$20 628 per day for each day during which the violation continues,
with the maximum amou t of an.Class II penalty not to exceed $257,848 [33 USC 1319(g)(2)
and 40 CFR 122.41(a)[3)].
Day to Mitigate
The permittee shall take all -reasonable steps to minimize or prevent any discharge in violation of this
permit which has a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
4. Civil and Criminal Liability
Except as provided in Part 11I, Section C of this permit regarding bypassing of stormwater control
facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the
Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages,
such as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
S. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties.to which the permittee is or may be
subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)].
Part III Page 2 of 9
Permit No. NCS000295
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of
any provision of this permit to any circumstances, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23].
Duty to Provide information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Permit Issuing
Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)].
9. Penalties for Tamneri
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall, upon
conviction, be punished by a fine of not more than $10,000 per. 'olation, or by imprisonment for not
more than two years per violation, or by both. If a conviction of a,person,is for a violation committed
after a first conviction of such person under this paragraph, punishment is a fine of not more than
$20,000 per day of violation, or by imprisonment of no't more than 4 years, or both [40 CFR 122.41].
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person,wh k knowingly makes any false statement,
representation, or certification in any recor&or other}document submitted or required to be
maintained under this permit, including motong rep
orts ports or reports of compliance or
noncompliance shall, upon conviction,, a punished:by a fine of not more than $10,000 per violation,
or by imprisonment for notm ore than two years -per violation, or by both [40 CFR 122.411.
11.
This permit does not authorise or approve the construction of any onshore or offshore physical
structures or facilities orfthe undertaking of any work in any navigable waters.
12, Duty to Reapply
If the permittee wishes to-coritinue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
SECTION B: GENERAL CONDITIONS
Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as
are required by the agency authorized to issue permits no Eater than 180 days prior to the
expiration date, unless permission for a later date has been granted by the Director. (The Director
shall not grant permission for applications to be submitted later than the expiration date of the
existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days
prior to expiration, or any permittee that does not have a permit after the expiration and has not
requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures
as provided in NCGS §143-215.36 and 33 USC 1251 et. seq.
Part III Page 3 of 9
Permit No. NCS000295
Transfers
This permit is not transferable to any person without prior written notice to and approval from the
Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with
NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation
and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate
such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.611 or state
statute. The Permittee is required to notify the Division in writing in the event the permitted
facility is sold or closed.
Signatory Requiryaents
All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed
and certified [40 CFR 122.41(k)].
All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a presidentsecretary, treasurer or vice president
of the corporation in charge of a principal busines -functi�, or a`ny other person who
performs similar policy or decision making�fu ctions for the corporation, or (b) the manager
of one or more manufacturing, production, or operating facilities, provided, the manager is
authorized to make management decisions;whicli govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and.directing,other comprehensive measures to assure
long term environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems 'are established or actions taken to gather complete
and accurate information for permit application requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with corporate
procedures. N \ ��
(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 rankin1 g'eleectteAfficial [40 CFR 122.22).
b. All reports required by the permit and other information requested by the Permit issuing
Authority shall be signed by a person described in paragraph a. above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of well or well field, superintendent, a position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters for the company.
(A duly authorized representative may thus be either a named individual or any individual
occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22].
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements of paragraph (b) of this section must
be submitted to the Director prior to or together with any reports, information, or applications to
be signed by an authorized representative [40 CFR 122.22).
Part Ill Page 4 of 9
Permit No. NCS000295
d. Certification. Any person signing a document under paragraphs a. or b. of this section, or
submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR
122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
'7 certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properlygather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible forgathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. 1 am aware that there are significant penalties for submitting false information,
including the possibility offines and imprisonmentfor knowing violations."
4. Permit Modification. Revocation and Reissuance. or Termination
The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the
laws, rules, and regulations contained in Title 40, Code of Federal�Regulations, Parts 122 and 123;
Title 15A of the North Carolina Administrative Code, Subchapter 2H .0104; and North Carolina
General Statute 143-215.1 et al.
5. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance.does not stay any permit condition [40 CFR
b. Annual Administerine and Comnhance Mamt n Fee Requirements
The permittee must pay the administeririg and compliance monitoring fee within 30 (thirty) days
after being billed by the Dh sion\Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H ,0105(b)(2) may cause the,Division to initiate action to revoke the permit.
SECTION C: OPERATION AND !!MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision requires
the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of this permit [40
CFR 122.41(e)].
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
permit [40 CFR 122.41(c)].
Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass
unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater, or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
Part III Page 5 of9
Permit No. NCS000295
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 Sim Ip ing
Samples collected and measurements taken, as required herein, shall be characteristic of the volume
and nature of the permitted discharge. Analytical sampling shall be performed during a measureable
storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. Monitoring points as specified in this permit shall not be changed without
notification to and approval of the Permit Issuing Authority [40 CFR 122.410)].
2. Recording Results Ce
��/TFor each measurement or sample taken pursuant torequirem� of this permit, the permittee
shall record the following information [40 CFR 122.411:/ r
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or,m`e-aasurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical technique •or methods usedand
f. The results of such analyses.
3. Flow Measuremmel2ts
Where required, appropriate" flow measurement devices and methods consistent with accepted
scientific practices shallabe selected/and used to ensure the accuracy and reliability of measurements
of the volume of monitorearges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge
requirements, then the most sensitive (method with the lowest possible detection and reporting
level) approved method must be used.
Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that
are required to be sampled, the permittee may petition the Director for representative outfall status.
If it is established that the stormwater discharges are substantially identical and the permittee is
granted representative outfall status, then sampling requirements may be performed at a reduced
number of outfalls.
Part III Page 6 of 9
Permit No. NCS000295
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be
maintained on -site. The permittee shall retain records of all monitoring information, including
o all calibration and maintenance records,
o all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this permit, including Discharge Monitoring Reports
(DMRs),
o copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 5 years from the date of the
sample, measurement, report or application. This period may be extended by request of the Director
at any time [40 CFR 122.41].
7. Inspection n Entry
The permittee shall allow the Director, or an authorizedrepresentative (including an authorized
contractor acting as a representative of the Director,){or idthe case of•alfacility which discharges
through a municipal separate storm sewer system, an authorizedrepresentative of a municipal
operator or the separate storm sewer system receiving,the,discharge, upon the presentation of
credentials and other documents as may be required by law, to:
a. Enter upon the permittee's premises where `
rulated facility or activity is located or conducted,
�e it .. rr
or where records must be kept under fthe conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit; � <_��
c. Inspect at reasonable times any.facilities;�equipment (including monitoring and control
equipment), practices, oroper-ations regulated or required under this permit; and
d. Sample or monitor at reasonable mes, for the purposes of assuring permit compliance or as
otherwise authorized,by the Clean"' Water Act, any substances or parameters at any location [40
CFR 122.41(i)]. (S/
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to
the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR
forms are available on the Division's website [http:lldeq.nc.gov/about/divisionslenergy-mine,ral-
land-resources/energy-mineral-land-permits/stormwater-permits/npdes-indtj:itrial-sw).
Regardless of the submission method (paper or electronic), submittals shall be delivered to the
Division or appropriate authority no later than 30 days from the date the facility receives the
sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required
to submit a discharge monitoring report, within 30 days of the end of the specified sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
If the permittee monitors any pollutant more frequently than required by this permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or
other appropriate instrument governing the discharge, the results of such monitoring shall be
included in the data submitted on the DMR.
Part III Page 7 of 9
Permit No. NCS000295
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division, except upon the Division's
specific requirement to do so. Qualitative Monitoring Report forms are available at the website
above.
Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Availability of Reports ",
11--z
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the -terms of this permit shall be
available for public inspection at the"offices of the Division. As required by the Act, analytical data
shall not be considered confidential. Knowingly making any
false statement on any such report may
result in the imposition of criminal penalties as provided`f6r ill NCGS 143-215.68 or in Section 309 of
the Federal Act. Z,� _ ._\, X
4. Non-Stormwater Discharges
If the storm event monitored in actor
discharge, the permittee shall separal
applicable discharge permits and pro
monitoring report.;
th.this permit coincides with a non-stormwater
for all parameters as required under all other
information with the stormwater discharge
5. Planned Chanties 1 "
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility whichcould•significantly alter the nature or quantity of pollutants discharged [40
CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in
the permit or subject to notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes at the permitted
facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)].
7. S . is
The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills
as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil
spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any
oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than
25 gallons that cannot be cleaned up within 24 hours.
8. Bypass
Notice [40 CFR 122.41(m)(3)]:
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and effect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of
an unanticipated bypass.
Part III Page 8 of 9
Permit No, NCS000295
Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the circumstances.
A written submission shall also be provided within 5 days of the time the permittee becomes
aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue, and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR
122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section
if the oral report has been received within 24 hours.
c. Occurrences outside normal business hours mayno be reported toTthe Division's Emergency
Response personnel at (800) 662-7956, (800) 858-0368 or (99 9)r733-3300.
10. Other Noncompliance
The permittee shall report all instances of nonco pllance n>treported under 24 hour reporting at
the time monitoring reports are submitted [40'CFR-122:41(I)(7)].
11. Other Information.
Where the Permittee becomes,aware,tha` rt fai` ed.to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
X
Director, it shall promptly suit suc�h1 fa�or information [40 CFR 122.41(1)(8)].
Part III Page 9 of 9
NCS000295
PART IV DEFINITIONS
Act
See Clean Water Act
2. AdverseWeather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical.
When adverse weather conditions prevent the collection of samples during the sample period, the
permittee must take a substitute sample or perform a visual assessment during the next qualifying
storm event. Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with SPPP records. Adverse wea`hendoes not exempt the permittee from
having to file a monitoring report in accordance with the sampling schedule. Adverse events and
failures to monitor must also be explained and reported on the relevanVDMR.
3. Allowable NQn-Stormwater Discharges
This permit regulates stormwater discharges. However, non -storm water discharges which shall be
allowed in the stormwater conveyance system include:
a. All other discharges that are authorized by anon-stormwater NPDES permit.
b. Uncontaminated groundwater, foundation drains," air -conditioner condensate without added
chemicals, springs, discharges of uncontaminate1d potable water, waterline and fire hydrant
flushings, water from footing drainsflows,from riparian habitats and wetlands.
c. Discharges resulting from fire -fighting or -fire -fighting training, or emergency shower or eye
wash as a result of use n•the event oflan emergency.
4. Best Management Practices/ MB P )
Measures or practices used to reduce -the amount of pollution entering surface waters. BMPs may
take the form of a process, activity,or physical structure. More information on BMPs can be found at:
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system, which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid 'd Products
Liquid raw materials, intermediate products, manufactured products, waste materials, or by-
products with a single above ground storage container having a capacity of greater than 660 gallons
or with multiple above ground storage containers located in close proximity to each other having a
total combined storage capacity of greater than 1,320 gallons.
7, Certifigate of Covgrage
The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under any General Permit and is signed by the Director.
8. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
9. Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
10. Director
Part 1V Page 1 of 4
Permit No. NCS000295
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority.
11. EM
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively
or qualitatively) must be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an injection well hazardous waste long-term
, storage facility or a surface storage facility. ,,
15. Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 723iours prior. The 72-hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm
events during the sampling period, and obtains, approva I from the local DEMLR Regional Office. Two
copies of this information and a written request letter shall be sent to the local DEMLR Regional
Office. After authorization by the DEM LR'Regional Office, a written approval letter must be kept on
site in the permittee's SPPP. �� f
16. Municipal Separate Storm Sewer System (MS4)
A stormwater collection system�wi&n an,incorporated area of local self-government such as a city or
town.
17. No Exposure . C Y
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff. Industrial materials or activities include, but are not limited to, material handling equipment
or activities, industrial machinery, raw materials, intermediate products, by-products, final products,
or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a Nb Exposure Exclusion from NPDES
Stormwater Permitting requirements only if a facility complies with the terms and conditions
described in 40 CFR §122.26(g).
18. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's
notice of intent to seek coverage under a General Permit.
19. Permit Issuing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see "Director' above).
20. Permittee
The owner or operator issued this permit.
21. Point Source Di char e of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
Part IV Page 2 of 4 Pages
Permit No. NCS000295 r
22. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
23, Seery Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to contain the 25-year, 24-hour storm event.
24. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.6S 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 h hh
c. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table 11, organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV [certain toxic pollutants and
hazardous substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or U
iii. Is a pollutant for which EPA has publ s� he acute or chronic water quality criteria.
25, Severe Property Damage Substantial physical damag` o proper ll damre to agthe 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. f
26. Sigpificant Materials
Includes, but is not limited f0:1111aw materials; fuels, materials such as solvents, detergents, and plastic
pellets; finished materials'such as metallic products; raw materials used in food processing or
production; hazardous substances designated under section 101(14) of CERCLA; any chemical the
facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges.
27, Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section
102 of CERCLA (Ref: 40 CFR 302.4).
28. Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including
but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection
areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina.
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
30. Stormwater Asso:iated with Industrial Activity
Part IV Page 3 of 4 Pages
Permit No. NCS000295
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in "industrial activities" include those activities defined in
40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded
from the NPDES program.
31. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution potential of the site.
32. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be
found at http://deg.nc.gov./about/divisions/water-resources/planningf modelinp-
assessment/tmdls. _ /�,
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) oft
34. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting,-fueling� brication, vehicle cleaning operations,
or airport deicing operations. /,/ \_
35. Visible Sedimentation
Solid particulate matter, both mineral -and organic j t has been or is being transported by water,
air, gravity, or ice from its site of origin whicNit h•cari be seen with the unaided eye.
36. 25-year. 24 hour Storm Event/
The maximum 24-hour prercipit is onr event expected to be equaled or exceeded, on the average, once
in 25 years. /( * /V
Part IV Page 4 of 4 Pages
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
DATE: October 7, 2016
TO; [RECIPIENT NAME, RECIPIENT E-MAIL]
FROM: Laura Alexander, Division of Energy, Mineral, and Land Resources
SUBJECT: PUBLIC NOTICE
PAGES: 1
Secrerarn=
TRACY DAVIS
Uirecrur
Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper
by Wednesday, October 26, 2016, Please email a copy of the proof to Laura Alexander at
Laura.Alexander@ncdenr.gov for final approval prior to publication. Within 10 days after publish date,
please send the invoice and two copies of the original affidavit to:
Laura Alexander
NCDEQ/DEMLR/Stormwater
1612 Mail Service Center
Raleigh, NC 27699-1612
NC DIV. OF ENERGY, MINERAL, AND LAND RESOURCES' INTENT TO ISSUE A STORMWATER
DISCHARGE PERMIT
Jackson Paper Manufacturing Company, P.Q. Box 667, Sylva, NC 28779 has applied for an
NPDES permit to discharge stormwater from an industrial facility located at: Jackson Paper
Manufacturing — Sylva Plant, 152 W. Main St, Sylva, NC, Jackson County. The facility discharges
to Scott Creek in the Yadkin -Pee Dee River Basin.
A copy of the draft permit No. NCS000295 is available at: http-//deg.ne.gov/news/events/public-
notices-hearings or by contacting:
Julie Ventaloro
DEMLR Stormwater Permitting Program
1612 Mail Service Center
Raleigh, NC 27699-1612
Phone: (919) 807-6370
julie.ventaloro@ncd_enr.Pov
Public comment or objection to the draft permit is invited. Comments should be submitted in
writing to DEMLR at the above address. All comments received prior to November 25, 2016
will be considered in the final determination regarding permit issuance and permit provisions.
State of North Carolina I Environmental Quality I Hnergy, Mineral and Land Resources
1612 Mail Service Center 1 512 Nenh Salisbury Street I Raleigh, NC 27699-1612
919 707 9200 T
NC DIV. OF ENERGY, MINERAL,
AND LAND RESOURCES' INTENT
TO ISSUE A STORMWATER 4
DISCHARGE PERMIT 11
-Jackson Paper Manufacturing 1
Company, P.O. Box 667, Sylva, NC
28779 has applled for an NPDES per-
mit to discharge stornwater from an
industrial facility located at: Jackson
Paper Manufacturing - Sylva Plant,
152 W. Main St, Sylva, NC, Jackson
County. The facility discharges to
Scott Creek in the Little Tennessee
River Basin.
A copy of the draft permit No.
NCS000295 Is available at: http:!/
deq.nc.gov/newsievenia/public-no-
tices-hearings or by contacting:
Julie Ventaloro
DEMLR Stormwater Permitting
Program
1612 Mail Service Center
Raleigh, NC 27699-1612 I
Phone: (919) 807.6370
julle.ventaloro@ncdenr.gov
Public comment or objection to
Eha draft permit is Invited. Comments
phouid be submitted in writing to
DEMLR at the above address. All
:omments received prior to Novem.
ier 25, 2016 will be considered in the
final determination regarding permit
'ssuance and permit provisions.
( We
RECEIVED
OCT 2120t6
DENR-LAND QZIALIiy
STOrRMWA7ER PERMITTING
NORTH CAROLINA
Jackson County
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and State,
duly commissioned, qualified, and authorized by law to
administer oaths, personally appeared ..............................................
Betty Crawford
who is first duly sworn, deposes and says: that he -she is
Authorized Employee
........................................................................................................
(Owner, partner, publisher, or other officer or employee authorized to make this affidavit)
of The Sylva Herald and Ruralite, engaged in the publication of a
newspaper known as The Sylva Herald and Ruralite published,
issued, and entered as second class mail in the Town of Sylva, in said
County and State; that he -she. is authorized to make this affidavit
and sworn statement; that the notice or other legal advertisement, a
true copy of which is attached hereto, was published in The Sylva
Herald and Ruralite on the following dates;
October 13, 2016
........................................................................................................
and that the said newspaper in which such notice, paper, document,
or legal advertisement was published was, at the time of each and
every such publication, a newspaper meeting all of the requirements
and qualifications of Section 1-597 of the General Statutes of North
Carolina and was a qualified newspaper within the meaning of
Section 1-597 of the General Statutes of North Carolina.
13th October 2016
This............ day.gf ........ ................... .. ......................
(Signatur person making ffidavit)
13th
Sworn to and subscribed before me,
October
dayof .............. .......
My Commission expires: .............
,�°1�,1N,E Cy,;,.
2016
��'AbldL'[G..................