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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 f- i►*"-'1Z ! 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J-r t�?�'�`y,� U:1� le rYiM �''}}}tt17% r� ti.-1%7 �. .y ,t...L •; i 1 r r 1 r s 3 i �y jf�;^_- : '�'+'��,,�,,; i.���� :�; r�, �c alp• � 'i } r NCGO00295 \' w*-E 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..................