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HomeMy WebLinkAboutNCS000532_HISTORICAL WITH APPLICATION_20100823—STORM WATER -DIVISION CODING -SHEET PERMIT NO. NCB oc) DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO YAPPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ a D I d D YYYYM M DD t� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 23, 20I0 Mr. Wilber E. Lewis AUG 2 5 20Jp : !ant Manager Oak -Bark Corporation 333 Neils Eddy Road Riegelwood, North Carolina 28456 Subject: Draft NPDES Stormwater Permit Permit No. NCS000532 Oak -Bark Corporation Columbus County Dear Mr. Lewis: Dee Freeman Secretary Enclosed with this Ietter is..a copy of-tthe draft NPDES stormwater permit for your facility. Please review the draft permit very carefully to ensure thorough understanding of the conditions and requirements it contains. Note that the draft permit allows this site to discontinue monitoring four parameters if the first eight samples are i',elow benchmark values. These parameters were included in the draft permit at the request of the Wilt • .;!Jon Regional Office for consistency with the proposed NPDES stormwater permits for neighboring operation-, owned by Hexion Specialty Chemicals, Inc. and Silar, LLC. Please submit any comments to me no later than thirty (30) days foIIowing your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6372 or bethanv.�zeorgou lias@ncdenr.gov. Sincerely, Bethany A. Georgoulias Environmental Engineer Stormwater Permitting Unit cc: Wilmington Regional Office, Water Quality Section (w/attachment)/ L. Willis Stormwater Permitting Unit Attachments Wetlands and Stormwater Branch 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6494 i Customer Service: 1-877-623-6748 Internet. www ricwaterclual'ity.org An EauaF Opportunily t Affirmative Action Employer NorthCarofina .117atimally NCS000532 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER 7.4E NATIONAL POLLUTANT DISCHARGE ELIMINAT ON SYSTEM In compliance with the provisions of North Carolina General Statute I i" 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, Oak -Bark Corporation is hereby authorized to discharge stormwater from a facility located at Oak -Bark Corporation 333 Neils Eddy Road Riegelwood, NC Columbus County to receiving waters designated as Livingston Creek (Broadwater Lake), a class C; Sw stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 1I, III, IV, V and V1 hereof Note: Draft Permit Dates are Approximate This permit shall become effective November 1, 2010. This permit and the authorization to discharge shall expire at midnight on October 3I, 2015. Signed this day October 15, 2010. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Pemit No. NCS000532 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART I1 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance.and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability A. 8. Duty to Provid�. Information 9. Penalties for Tampenng 10. Penalties for Falsifuation of Reports Section B: General Conditions I. Individual Permit Expiration 2. Transfers 3. Signatory Requirements i Permit No. NCS000532 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense;. 3. Bypassing of Stormwater Control Faci,ties 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 74 Section E: Reporting R--quirements I. 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. father Information f PART IV LIMITATIONS RCOPENER - ;:.. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS IT Permit No. NCS000532 �' � �y � 1\M � ►Z�111L� � Cf%I 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 Exposur-2 Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a -No Exposure Certification 1,10I 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 reapply for the No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is mo4fied 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 fqlaccordance with the terms and conditions of this individual permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of tht- state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. - This permifdoes 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 I of 2 SECTION C: LOCATION MAP Permit No. NCS000532 (7 Fe's wvst: F"XKfh V4rw A'. Xtr 7' 0'j V, Oak --Bark Gorporation VC, ­7 V Sj C J, F U, 17 NCS000532 S /Va,'? Scale P24, 000 Oak -Bark Corporation Oak -Bark Corporation, Riegelwood Latitude: 34- 19'41" N Longitude: 7P 12'22"'0,' County: Columbus Receiving Stream: Livingston Creek Stream Class: C; Sw Sub -basin: C13-06-17 (Cape Fear River Basin) EF Facility Location Permit No. NCS000532 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard ` Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: l '. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. The gFperal location map (or alternatively the site map) shall identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is loca� din a watershed for which a TNIDL has been established, and what the parameter(s) 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 which could be expected to be present in the stormwater discharge from each jutfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occw"' ng in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is imperviou:;. . (d) A list of significant spills or leaks of pollutants that have occurred at 'lie facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section Part II Page] of 10 Permit No. NCS000532 B, Paragraph 3. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwa:;. rn Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the ston-nwater runoff 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) Y water priority chemicals; and storage in any amount of hazardous substances, in .order to prevent leaks and jpills from contaminating stormwater runoff. A table .,._ar summary of all such'Lanks 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), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by 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 years. (c) BMA Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the. ;asessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the speci lic.rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. -Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible Part IC Page 2 of 10 Permit No. NCS000532 person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility_ operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Hous,,keeping Program. A preventative maintenance and good housekeeping progt�em shall be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and 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. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into'the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded in writing and maintained in the SPPP. N, _ e 5. Employee Training. Training'programs shall be developed artul-raining 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 storr.-; . ,, ter runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee'trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan sha-H identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The penmittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a sigaicicant effect on the potential for the discharge of pollutants to surface waters. A=aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of si&mifi,�,ant spills or leaks of pollutants for the previous three years, or -the notation that no spilis_have occurred. The annual update shall include written re -certification that the stornr��,ater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall Part II Page 3 of 10 Permit No. NCS000532 submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility 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 -,nee during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspe0ons are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part II B and C of this permit. 9. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. n r r 1 Part II Page 4 of 10 Permit No. NCS000532 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 20 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time between this stor_a event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A singly: storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a dischargF •_�egins within 10 hours. Table 1. Analytical Monitoring Requirements Discharge Characteristics . Units Measurement Fre uenc l Sample Type2 Sample Location3 Total Suspended Solids (TSS) mg/L quarterly Grab SDO Biochemical Qxygen Demand (BODS) Chemical Ox en Demand (COD) mg/L quarterly Grab SDO mg1L quarterly Grab SDO Ammonia as Nitrogen (NH,-N) mg/L . quarterly. Grab SDO Total K'eldahl Nitto en (TKN) mg/L , quarterly Grab SDO_ . Nitrate + Nitrite Nitrogen mg/L v quarterly Grab SDO Total Phosphorus mg/L quarterly Grab SDO Methanol4-- mg/L quarterly Grab SDO Total Residual Chorine (TRC)4 myZL quarterly Grab SDO Hexamine mg/L quarterly Grab SDO Formaldehyde mg/L quarterly Grab SDO Copper, Total Recoverable mg/L quarterly Grab SDO Zinc, Total Recoverable mg/L quarterly Grab SDO Manganese, Total Recoverable mg/L quarterly Grab SDO Lead, Total Recoverable mg/L -quarterly Grab SDO EPA Method 1664 (SGT-HEM) -- Non- olar O&G/TPH mg/L g/ quarterly Grab SDO H standard _ quarterly Grab SDO Acute Toxicity _ annually Grab SDO Total Rainfall inches quarterly lain Gauge - Footnotes: I Measurement Frequency: Four times per year during a representative storm event. PartII Page 5 of 10 Permit No. NCS000532 2 Grab samples shall be collected within the first 30 minutes of discharge 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 May discontinue monitoring this parameter for the remainder of the permit after first eight (8) sampling events, if all results are below the benchmark value. 5 Acute toxicity shall be performed in accordance i ith Appendix A: Special Conditions at the end of this permit. 6 For each sampled representative storm event the tc. gal precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum 20 analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 30 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule Monitoring period1'2 Start End All Years — Quarter 1 January 1 March 31 All Years — Quarter 2 April l June 30 All Years — Quarter 3 July 1 September 30 All Years — Quarter 4 October 1 December 31, Footnotes: 1 Maintain quarterly monitoring during permit renewal process. If at the expiration of this permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be considered for renewed coverage. Quarterly monitoring shall be done all years of the permit and the applicant must continue quarterly monitoring until the renewed permit is issued. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the three-month sampling period. ' The permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare monitoring results to the be,;.,chmark values in Table 3. The benchmark values in Table 3 are not permit limits but should bt� used as guidelines for the permittee's Stormwater Pollutioniprevention 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) in a tiered program. See below the descriptions of Tier One and Tier Two. ` Part II Page 6 of 10 Permit No. NCS000532 Table 3. Benchmark Values for Analvtical MonitorinLy Discharge Characteristics Units Benchmark Total Suspended Solids (TSS) mg/L 100 Biochemical Oxygen Demand mg/L 30 Chemical Oxygen Demand (COD) mg/L 120 Ammonia as Nitrogen (NH3-N) mg/L 7.2 Total Kjeldahl Nitrogen (TKN) mg/L . 20 1`'-.I*rate + Nitrite Nitrogen mg/L 10 Total Phosphorus mg/L 2 Methanol mg/L 7,700 Total Residual Chlorine (TRC) mg/L 0.028 Hexamine mg/L 25,000 Formaldehyde mg/L 0.5 Copper, Total Recoverable 0.007 Zinc, Total Recoverable w;;L 0..067 Manganese, Total Recoverable mg/L N/A -,. ad, Total Recoverable mg/L 0.03 EPA Method 1664 (SGT-HEM) — Non -polar O&G/TPH mg/L -. 15 PH standard 6-9 Acute Toxicity See Appendix A: Special Conditions See Appendix A: Special Conditions Part II Page 7 of 10 Permit No. NCS000532 Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any at any outfall; Then: The permittee shall: 1. Conduct a stomnvater management inspection of the facility within two weeks of receiving sampling results. 2. Idea: i%y and evaluate possible causes of the benchmark value exceedance. 3. Iden,:1fy potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations within tr.: benchmark range. 4. Implei-nent the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedance, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two If: During the term of this permit, the first valid sampling results from three consecutive monitoring periods are above the benchmark values, or outside of the benchmark ranj,e, 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 for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitc ng shall continue until three consecutive sample results are below the benchmark values or within the benchmark range. 3. If no discharge occurs during the sampling period, the permitteeIis required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Tier Three During the term of this permit, if the valid sampling results'required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range;. for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is riot limited to: 4' • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • require the permittee to conduct acute toxicity testing on discharges; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part I Page 8 of 10 Permit No. NCS000532 This site discharges to impaired waters experiencing problems with turbidity. If a Total Maximum Daily Load (TMDL) is approved for this segment of Livingston Creek, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level-ijf control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the permittee still must conduct quarterly qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. r In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the tndition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qua] itative.Monitoring Requirements Discharge Characteristics Fre_quencvl Monitoring Location2 Color ly SDO Odor quarterly SDO Clarity uarte ly SDO Floating Solids quarterly SDO Suspended Solids quarterly SDO Foam `f Y quarterly SDO Oil Sheen quarterly. SDO Erosion or de osifion at -the 'outfall --, .- uarterly SDO Other obvious indicators of stormwater pollution quarterly SDO Footnotes: I Measurement Frequency: Four times per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal Part 11 Page 9 of 10 Permit No. NCS000532 deadline, the permittee will be considered for renewed coverage. The applicant must continue quarterly monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREIVIFI?TS Facilities which have any vehicle maintenance activity occurring on -site which uses more tha. - 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Sample Sample Fre uencyll Tv e2 Location3 H standard uarterl .; Grab SDO EPA Method 1664 (SGT-HEM) —- mio quarterly Grab SDO Non -polar O&G/TPH Total Suspended Solids mg/l quarterly Grab SDO , Total Rainfal14 .inches quarterly Rain gauge New Motor Oil Usage allons/month quarterly Estimate - Footnotes: 1 Measurement Frequency: Four times per year during azrepre.sentative storm event, for each year until either Y' another permit is issued for this facility or until this permit is revoked or rescinded. 1 f at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for renewed coverage. The applicant must continue quarterly monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. , 2 If the stormwater runoff is controlled by a stormwater deti-mtion pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond.- 3 Sample Location: Samples shall be collected at each-stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Part II Page 10 of 10 Permit No. NCS000532 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 stormwhter Best Management Practices (BMPs), as provided in Part I1 Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pH standard 6-9 EPA Method 1664 (SGT-HEM) — Non -polar O olar &G/TPH mg/L 15 Total Suspended Solids (TSS) mg/L 100 R- Part I1 Page I I of 10 Permit No. NCS000532 PART III STANDARD CONDITIONS FOR NPDES STORUIIWATER 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 pen —iit 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. SecQ-Aary containment, as specified in Pan II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. Duty to Comply The permittee must comply with all cu_e6itions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or pro!ii`;:i[ions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has ncl yet been modified to incorporate the requirement. b_ The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,006 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both, Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125, !1,0. [Ref Section 309 of the Federal.Act 33 USC 1319 and 40 CFR 122.41(a)] C. Under state law, a daily civil peaW.ty of not more than ten thousand dollars ($10,000) per violation may be assessed against any persrr, who violates or.fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref.- NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class If violations are not to exceed Pan III Page 1 of 8 Pen -nil No. NCS000532 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class H penalty not to exceed $125.000. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Except as provided in Part I11, Section C of this permit regardinL, bypassing of stormwater control facilities. nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.?, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the respc ; :ibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liqtility Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6_ Prcd erty Rights • :Lac issuance of thisindividual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal. State or local laws or regulations. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such.provision to other circumstances, and the remainder of this individual permit, shall not be atiected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The i:etrnittee shall also furnish to the Director upon request, copies of records required to be kept by this ndividual permit. PenzI 4 es for Tampering s The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by -imprisonment of not more than 4 years, or both. Part III Page 2 of 8 Permit No. NCS000532 10. Penalties for Falsification of Re arts The Clean Water Act provides that any person who knowingly makes any false statement. representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B- GENERAL CONDITIONS Individual Permit Expiration The pG�.nittee is not authorized to discharge after the expiration date. In order to receive automatic w-diorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modifi�,ation or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed{' 3. Signatory Requirements AIi -applications, reports, or -information submitted to the Director shall be signed and certified!r ` r-� a. All applications to be covered under this individual permit shall be signed as follows: (1) In the case ofa corporation: by a principal executive officer of at least the level ofvice- president,.or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2} In the case of a partnership or limited partnership: by a general partner; (3) In the case c-i a sole proprietorship: by the proprietor; ,'rr (4) In the case of a municipal, state, or other public entity: by a principal executive -,'officer, ranking elected official, or other duly authorized employee. b. All reports required by_ he individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if- (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent Part III Page 3 of 8 Permit No. NCS000532 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any.individual occupying a named position.); and (3) The written authorization is submitted to the Director. c. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification, Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. ' 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned ch?nges or anticipated noncompliance does not stay any individual permit condition. _- - - . . - f . SECTIOw C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS .L Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense ' It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt as reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part III Page 4 of 8 Permit No. NCS000532 There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance, and The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three condlt:ons listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: NION1TORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without•notification to and approval of the Director. 2. Recording Results For enr`"+neasurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individuals) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used, and f The results of such analyses. 3. Flow Measurements _4- F Wherz 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. PartIll Page 5 of 8 Permit No. NCS000532 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially idc=t0cal and the permittee is granted representative outfall status, then sampling requirements may o. performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Storrnwater Pollution Prevention Plan. Copies of analytical monitoring res„ t;s shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges thrc.,gh'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 doci>> -_nts 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 th's :,idividu.al permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS I . Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted -to the Divi.ivyi on Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office by March l of each year that summarizes data from the previous calendar year. The submittal shall be on forms supplied by the Division. Part III Page 6 of 8 Permit No. NCS000532 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 three-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. 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 fortes on site. Visual monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. 2. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional Office (RO) by March 1 of each year (See 1. above). Addresses for each RO and the counties covered by each RO can be found here: h(ti)://"-ww.enr.state.nc.us/htmUre,zionaloffices.htmi. The permittee shall retain the completed originals .. on site.w Visual monitoring results should not be submitted to the Regional Offices or Central Files unless i6 specifically requested by DWQ. 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly malting any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4..• Non-Stormwater Discharges If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. r Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the Individual Permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the Individual Permit requirements. Part III Page 7 of 8 Permit No. NCS000532 Skill", The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VI 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. Bypass . a. r.nticipated 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 articipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an -v_u.nticipated bypass. 9. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, an-4 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 plarxnrr-d to reduce, eliminate, and prevent reoccurrence of the noncompliance: The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 h, :ui �. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. IL Other Information Where the permittee becomes aware that it failed to submit.any relevant facts in a Notice of Intent to be covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or information. - Part III Page 8 of 8 NCS000532 PART 1V LIMITATIO,NS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water qua] ity standard so issued or approved-. a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or Controls any pollutant not limited in the individual perm: The individual permit as modified or reissued under this paragraph sha:'s also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE ]MONITORING FEE REQUIREMENTS . ' The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS p Act See Clean Water Act. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 3. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs :,gay take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://c fpub.epa. gov/npdes/stormwater/menuofbmps/index.c fm. 4. 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. Bulk Storaee of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Parts IV, V and VI Page I of Permit No. NCS000532 6. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water .act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resourc'--s. 4. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. IL 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 disc:rzrge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill . A disposal facility or part of a disposal facility inhere waste is placed in or o]P !arid and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous wasL^ long-term storage facility or a surface storage facility. 14, Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of.local self-government such as a city or toxwi. 15. No Exposure -_ A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-pfciducts, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES S!o-mwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122.26(g) 16, Notice of Intent ` The state application form which, when submitted to the DivisioiF,,officially indicates the facility's notice of intent to seek coverage under an Individual Permit. 17, Permittee The owner or operator issued a certificate of coverage pursuant to this Individual Permit. Part VI Page 2 of Pages Permit No. NCS000532 18. 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 storrnwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of noPrecipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge; a sample may be collected if the next rain producing a discharge begins within 10 hours. - .. 20. Representative Outfall Status When it i.; established that the discharge of stormwater runoff from a single outfail is representative of the discharge at multiple outfalls, the DWQ may grant representative outfail status. Representative outfail stan!,< allows the permittee to perform analytical monitoring at a reduced number of outfalls. 21. Secondary Containment Spill containment for the contents of the single largest tank within -the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section-313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning -and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels_at.a facility subject to SARA title'Ili, Section 313 reporting requirements; and c. Meets at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 - CFR 116.4; or (3) is a pollutant for which EPA has published acute or chronic water quality criteria. 23. Severe Property Damaee Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Significant Materials _ Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents,'and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical this facility is required to report pursuant to section 313 ofrTide III of SARA; fertilizers; pesticides; and waste_p'oducts such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). Part VI Page 3 of 4 Pages Permit No. NCS000532 26. Stormwater Dischart=e Outfall (SDO} The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, stortn 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, 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowy, .tlt. 28. Stormwater Ass.--ciated with Industrial Activit The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to mpnufacturing, 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 r.o! include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. 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://h2o.enr.state.nc.us/tmdll) s 31. Toxic Pollutant - Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 32. Vehicle Maintenance Activi Vehicle rehabilitafoi., mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing ope-ations. F 33. 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. 34. 25-year. 24 hour storm event. The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 4 of 4 Pages Permit No. NCS000532 APPENDIX A. ACUTE TOXICITY TESTING FOR STORNIWATER OUTFALLS L ANNUAL TESTING (PASS/FAIL ACUTE TOXICITY TESTING): The permittee shall conduct acute toxicity tests on a yearly basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology for Determining Acute Toxicity in a Single Effluent Concentration" (Revised -July, 1992 or subsequent versions). The monitoring shall be performed as a "water flea" (Ceriodaphnia dubia) 48-hour static test. Stormwater samples shall be collected as a single grab sample. Samples for self -monitoring purposes must be obtained during a representative storm event. The tests will be performed during the first six months of the year (January -June). . If at any time there is significant mortality at a stormwater effluent concentration of 100%, the results will be considered as a benchmark exceedance of toxicity. All toxicity testing results required as part of this permit condition will be entered on the Stormwater Discharge Monitoring Form (DMR) for the month in which it was performed, using the parameter code TGA3B. One copy shall be submitted to Central Files, and one copy shall be submitted to the Stormwater Permitting Unit as follows: Attention: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Attention: Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 a Additionally, DWQ Form AT-2 for Acute Pass/Fail Tests (original) is to be sent to the following address: Attention: NC DENR 1 D`i'Q / Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ` Completed Aquatic Toxicity Test Forms shall be sent and postmarked to the Environmental Sciences Section and Central Files no later than 30 days after the end of the month in which the test was conducted. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the stormwater toxicity sample must be measured and reported if chlorine is employed for disinfection of the stormwater discharge. If there is no stormwater discharge from the facility during the months which toxicity monitoring is required, the permittee will complete the information located at both the top of the aquatic toxicity (AT) Appendix A: Page 1 of 4 Permit No, NCS0005 32 test form and DMR indicating the facility name, permit number, stormwater outfall number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The permittee shall submit three (3) "no flow" reports: one report shall be submitted to the Environmental Sciences Section, one to the Stormwater Permitting Unit (SPU) Central Office, and one report shall be sent to Central Files at the address cited above. The permittee shall submit acrtte toxicity monitoring as outlined above, at the nest available representative storm event. II. ACTIONS FOR FAILURE OF PASS/FAIL TESTING. Should any single scheduled monitoring indicate a failure to meet toxicity benchmark levels, a series of measures shall occur: 1) Within 30 calendar days from availability of the test results, the pf.i.nittee shall contact the Division SPU Central Office and the Regional Office Supervisor in writing. a. If other stormwater monitoring parameters have exceeded benchmark values, the Regional Office may exempt the permittee from additional acute toxicity monitoring (other than regularly scheduled test periods), at the Regional Offiice's discretion. The permittee shall continue to address all other stormwater parameter benchmark exceedances. b. .if the permittee has not exceeded other benchmark values, or if the Regional Ot ice does not exempt the permittee from additional monitoring, the permittee shall immediately institute monthly acute toxicity monitoring with a 48-hour multiple cs*ion test per U.S. EPA Method 2002.0: "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms," EPA 821/R-02/012 (October 2002). Ill. ACTIONS IFMONTHLYMONITORING IS INSTITUTED (AIULT IPLE-DILUTION TESTING):--): 'If monthly acute toxicity monitoring is instituted per Section II above, the permittee shall perform the tests per the following conditions: 1) An LC50 greater than 1.00% shall be used as a benchmark passing endpoint; Stormwater Permitting Unit (SPU) Central Office may determine alternative endpoints as"passing" on a case -by -case basis, depending on the specific characteristics of the facility's stormwater discharge. Multiple dilution tests will be run at 100%, 50%, 25%, 12.5%, 6.25% and 0° 1 stormwater unless other test concentrations are determined appropriate by the Stormwat.ep; Permitting Unit (SPU) Central Office. 2) Multiple Dilution Test Results shall be submitted on form AT-1 for Acute Multiple Dilution z Tests. The parameter code is TAA3B. The permittee shall: a. Submit form ATA (original) to the DWQ Environmental Sciences Section. b. Send a completed a Stormwater DMR form (original) with an attached form AT-1 (original) to DWQ Central Files. c. Send a completed a Stormwater DMR form (copy) with an attached form AT-1 (copy) to the DWQ Stormwater Permitting Unit. Appendix A: Page 2 of 4 Permit No. NCS000532 3) The permittee shall perform monthly acute toxicity monitoring until one of the follo.,vina permit conditions is met: a. THREE CONSECUTIVE MULTIPLE -DILUTION TESTS PASS. No further tests need to be performed until next regularly scheduled test period. -OR- b. EITHER OF THE FOLLONVING OCCURS: i. A TOTAL OF FIVE MULTIPLE -DILUTION TESTS FAIL -OR- ii. THREE CONSECUTIVE MULTIPLE -DILUTION TESTS FAIL. If either of the above occurs, fiirther actions are necessary. See IV. below. 4) The permittee shall submit a summary of all test results for the multiple dilution test series along with complete copies of the test reports as received from the laboratory to the Regional Office Supervisor, to DWQ Central Files and to SPU. These shall be sent and postmarked within 30 calendar days of receipt of the last failed or passed multiple -dilution test (as described above in III, 3)), IV. ACTIONS FOR FAILURE OF MULTIPLE DILUTION TESTS TRE TRI or OTHER MEASURES): If the permittee fails either A TOTAL OF FIVE multiple -dilution tests or THE THIRD CONSECUTIVE multipleAilution test as desc:-Wd in Section III 3) b., the permittee shall.execute the following: 1) A toxicity reduction evaluation (TRE) shall be automatically instituted. Within 30 calendar days from availability of the test results, the permittee shall contact the Division SPU Ccntrai'Office and the Regional Office Supervisor -in writing. a. The permittee shall submit one copy of a plan for conducting a TRE to the DWQ SPU, and one copy to the DWQ Environmental Sciences' Section. These copies shall be submitted within 60 calendar days of the'date of DWQ SPU's direction'to perform the TRE. b. This plan must be approved by DWQ SPU before the TRE is begun. A schedule for completing the TRE shall be established in the plan approval. A Toxicity Identification Evaluation (TIE) may be a component of the TRE. c. Upon DWQ's approval, the TRE schedule may be modified if toxicity is intermittent q during the TRE investigations. A revised WET test schedule may be established by DWQ for this period. �. 2) Additionally after the first year that TRE results have been collected.and submitted, depending on results the Regional Office may (among options): • Require the permittee to install structural stormwater controls; • Require the permittee to implement other stormwater control measures or BMPs; • Require the permittee to collect and treat the discharge and/or eliminate the discharge; • Require that the permittee implement site modifications to qualify for the No Exposure Exclusion; or Appendix A: Page 3 of 4 Permit No. NCS000532 • Require that the pennittee perform up -stream and downstream biological assessment in the receiving water. V MEASURES APPLICABLE TO ALL TESTS: All acute toxicity test results shall be submitted in a concise summary at the end of the five year permit term. One copy of this report shall be sent to the Regional Office Supervisor, one copy to the FPU Central Office, and one copy to the DWQ Environmental Sciences Section. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Quality indicate potential impacts. to the receiving stream, this permit may be re- opei., i and modified to include alternate monitoring requirements. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all Acute Toxicity Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Appendix A: Page 4 of 4 is 06/15/09 Oak -Bark Corporation 333 Neils Eddy Rd. Riegelwood N.C. 28456 Mr. Bradley Bennett Division of Water Quality Storm Water Permitting Unit 1617 Mail Service Center Raleigh N.C. 27699-1617 r-t cr- Ref: Oak -Bark Storm Water Permit Application EPA Form 2F, Sec. VII Item C Mr. Bennett When I submitted OBC's Storm Water application, I placed a note on the EPA Form 2F, Sec.Vll Item C, stating that I would forward the lab results, of a sample pulled from OBC's SWO07 on 5122/09, as soon as I got the lab results back. Attached you will find those results. Should you need further clarification or more information, please do not hesitate to contact meat (910) 655-6980 ext. 5205. Res ppeectctful ) W.E. Levis Plant Manager Oak -Bark Corporation Page i of 1 p Environmental Chemists, Ine: 6602 Windmill Way • Wilmington, NC 28405 (910) 392-0223 (Lab) •. (910) 392-4424 (Fax) SM 710 Bowsertown Road • Manteo, NC 27934 ANALYTICAL & CONSULTING (252) 473-5702 CHEMISTS NCDENR: DWQ CERTIFICATE #94. DLS CERTIFICATE #37729 Customer: OAK -BARK Date of Report: June 10, 2009 333 Neils Eddy.Road Riegelwood, NC 28456 Purchase Order No: Attn: Red Lewis Report Number: 9-4612 REPORT OF ANALYSIS Date Sampled: 05/26/09 Report To: Phil Busovne Sampled By: Phil Busovne/ Dave Maddox Project: STORMWATER: Parameter 007 Date # 11834 Analyzed Biochemical Oxygen Demand, 23 05/27/09 BODs as OZ m SM 5210 B Total Suspended Solids, TSS mg/L 13 05127109 SM 2540 D Chemical Oxygen Demand, COD. mg/L 93 06/01/09 SM 5220 D Ammonia Nitrogen, 3.7 06/02/09 N113-N mg/L EPA 350.1. Total Kjeldahl Nitrogen,:TKN mg/L 9.1. 06/08/09 EPA 351.2 Nitrate + Nitrite Nitrogen, < 0.02 06/04/09 NO3+NO2-N mg/L EPA 353.2 Total Lead, Pb mg/L 0.005 05/27/09 EPA 200.9 Copper, Cu mg/L 0.061 06/03/09 EPA 200.8 Zinc, Zn mg/L 0.443 06/03/09 EPA 200.8 Manganese, Mn mg/L 1.93 06/03/09 EPA 200.8 Analyte 007 Quantitation Date # 11834 Limit Analyzed Hexamine, mg/L BQL 1.0 05/26/09 EPA METHOD 8015 Formaldehyde, µg/L 466 300 06/10/09 Hach Method 8110 Comments: BQL = Below Quantitation Limit. Reviewed by- I ENVIRONMENTAL CHEMISTS INC 6602 Windmill Way + Wilmington, NC 28405 Sample Collection and Chain of Custody Phone: (910) 392-0223 c;aiC-a' 4- 0, S Fax (910) 392.4424 ComnlQ Tuna. I = I f_ F. = FftlnQnt_ W =WPII_ ST =Stream_ SIB =Snil_ Sir Sindve Other. i n-" n Sample Identification e �+ z Collection .2 � vF ° S.1. o V 2 0 c 96 s �U PRESERVATION ANALYSIS REQUESTED w z0 z a x o c x S O z a_ �; F O DATE TIME TEMP �) 3 `+' -U. 1 i :a f S*I G P X BOD,TSS,Hexamine, Formaldehyde c � -24,07 C :M X C0D,NH3,TKN, NO3+NO2 G, 0Z) G X Total Pb [� Mi, E�um Storage 01 G G X X X See above list Ne Lab 00 G G X X X See above list Droj t 003 ry G G X X X " Silar 0 G G X X X See above list Form ldeh e'004 G G X X X C P G G C P G G Transfer Relinquished By: Date/Time Received By: Date/Time >. �✓�u -� s- - r r 2. Temperature when Received: 3 -V Accepted: e e ed: Resample Requested: Delivered By- u--- 5 1,✓ Received B 2� . �. Date: U-o Time: _J�f = SO Y Please print or Type in the unshaded areas only (fill-in areas are spaced for elite type, i.e., 12 charactersfinch). For Approved. OMB No, 2040-0086. Approval expires b-31-92 FORM U.S. ENVIRONMENTAL PROTECTION AGENCY 1, EPA I.D. NUMBER GENERAL INFORMATION S T!A C N/A D Consolidated Permits Program GENERAL(Read the "General Instructions" before starting.) 1 2 13 14 15 LABEL ITEMS GENERAE INSTRUCTIONS If a preprinted label has been provided, affix it I. EPA I.D. NUMBER N/A in the designated space. Review the information carefully; if any of it is incorrect, Oak- Balk Corporation cross through it and enter the correct data in 111. FACILITY NAME the appropriate fill-in area below. Also, if any of the preprinted data is absent (the area to the left of the label space fists the information that V. FACILITY Attn: W.E. Red Lewis should appear), please provide the proper fill-in area{s} below. If the label is complete and MAILING LIST correct you need not complete Items t, 111, V. and V((except VI-B which must be competed 333 Neils Eddy Rd. regardless). Compplete al items if no label has the instructions the VI. FACILITY detailed 4em. descriptions legal LOCATION Riegelwood N.C. 28456 authorization under which this data is collected, II. POLLUTANT CHARACTERISTICS INSTRUCTIONS: Complete A through J to determine whether you need to submit any permit application forms to the EPA. If you answer "yes" to any questions, you must submit this form and the supplemental from listed in the parenthesis following the question. Mark 'W in the box in the third column if the supplemental form is attached. if you answer "no" to each question, you need not submit any of these forms. You may answer "no" if your activity is excluded from permh r uirements' see Section C of the instructions. See also Section D of the instructions for definitions of bold-faced terms. MARK "X" MARK'x" SPECIFIC QUESTIONS SPECIFIC QUESTIONS YES NO FORM YES NO FORM ATTACHED ATTACHED A. Is this facility a publicly owned treatment works which results in a discharge to waters of the ® B. Does or will this facility (either existing or proposed) include a concentrated animal U.S.? (FORM 2A) feeding operation or aquatic animal production facility which results in a discharge 16 t7 is 1g 20 21 to waters of the U.S.? {FOiiM 28) C. is this facility which currently results in (oth D. Is this proposal facility er than those describedEl discharges to waters of the U.S. other than in A or B above) which will result in a discharge 22 23 24 25 2e 27 those described in A or 8 above? (FORM 20) to waters of the U.S.? (FORM 2D) E. Does or will this facility treat, store, or dispose of hazardous wastes? (FORM 3) ® F. Do you or will you inject at this facility industrial or municipal effluent below the lowermost stratum ® ❑ containing, within one quarter mile of the well bore, underground sources of drinking water? 28 29 30 31 32 33 (FORM 4) G. Do you of will you inject at this facility any H. Do you or vnll you inject at this facility fluids for Produced rioter other fluids which are brought to the surface in connection with conventional oil or ❑ ® ❑ special processes such as mining of suffer by the Frasch process, solution raining of minerals, in ❑ ® ❑ natural gas production, inject fluids used for situ combustion of fossil fuel, or recovery of enhanced recovery of oil -or natural gas, or inject geothermal energy? (FORM 4) fluids for storage of liquid hydrocarbons? 34 35 36 37 � 39 FORM 4 L is this facility a proposed stationary source J. Is this facility a proposed stationary source which is one of the 28 industrial categories listed which is NOT one of the 28 industriat categories ❑ ❑ ® ❑ in the instructions and winch will polent€ally emit listed in the instructions and which will potentially too tons per year of any air pollutant regulated emit 250 tons per year of any air pollutant under the Clean Air Act and may affect or be regulated under the Clean Air Act and may affect 45 located in an attainment area? FORM 5 40 41 1 42 1 of be located in an attainment are? (FORM 5) 43 44 111. NAME OF FACILITY e SKIP Oak -Bark Corporation 1 15 1 B-29 30 89 IV. FACILITY CONTACT A. NAME $ TITLE past, first, & title) B. PHONE (area code & no.) C 1 Lewis Wilber E. / Plant manager 910 80 2 15 16 "5152 45 46 48 455 V. FACILITY MAILING ADDRESS A. STREET OR P.O. Box s 333 Neils Eddy Rd. 15 1 16 45 B. CITY OR TOWN C. STATE D. ZIP CODE a Riegelwood N.C. 28456 1 k"41 15 1 16 40 42 47 51 V1. FACILITY LOCATION A. STREET, ROUTE NO. OR OTHER SPECIFIC IDENTIFIER 5 333 Neils Eddy Rd., 1s ss 4s t3. COUNTY NRME Columbus 4s 70 C. CITY OR TOWN D. STATE E. ZIP CODE F. COUNTY CODE c Riegelwood C- 28456 Columbus 6 LN. 1 42 52 54 75 16 4rJ 47 57 ' CONTaUED FROM THE FRONT VII. SIC CODES (4-digit, in order of priority) A. FIRST S. SECOND 7 2869 (specify) 7 (Specify)15 to 17 15 16 19 C. THIRD D. FOURTH 7 lsPecifY) 7 !S�«fy) 15 18 17 15 16 19 Vila. OPERATOR INFORMATION A. NAME B. Is the name listed in Item c Oak -bark Corporation VIII-A also the ner'? ow❑ YES ❑ NO a 18 19 55 C. STATUS OF OPERATOR Enter the appropriate letter into the answer box, if 'Other.` specify.) D. PHONE (area code & no. F = FEDERAL M = PUBLIC (other than federal orstate) P (specify) c 910 655 6980 S = STATE O = OTHER (specify) A P =PRIVATE 58 15 16 18 19 21 22 25 E_ STREET OR PO BOX 333 Neils Eddy Rd. 26 55 1 - F. CITY OR TOWN G. STATE H. ZIP CODE I IX. INDIAN LAND c Riegelwood N.C. 28456 Is the facility located on Indian lands? B ❑ ® 42 42 47 51 YES NO 15 16 40 X. EXISTING ENVIRONMENTAL PERMITS A. NPD✓*S (Discharges to Surface Water) D_ PS (Air Emissions from Proposed Sources) p a 09749R00 Synthetic Minor Air Permit 15 1 6 1 17 1 18 30 T I NIAC 9 15 18 17 18 30 6. UiC Unde roundtn'ectron of Fluids E. OTHER: (Specify) Sludge Disposal Monofill I N/A T a WQ0005699 9 U 9 15 1 16 1 17 1 18 30 15 1 16 1 17 1 18 30 C. RCRA (Hazardous Wastes) E. OTHER (specify) (specify) 9 TR NIA 9 T BI W00003361 Closed Loop Recycle 15 ifi 1 17 1 18 30 15 16 17 18 30 XI. MAP Attach to this application a topographic map of the area extending to at least one mile beyond property boundaries. The map must show the outline of the facility, the location of each of its existing and proposed intake.and discharge structures, each of its hazardous waste treatment, storage, or disposal facilities, and each well where it injects fluids underground. Include all springs, rivers and other surface water bodies in the mae area. See instructions for precise requirements. XII. NATURE OF BUSINESS (provide a brief description) Oak -Bark operates two distinct operations. Dry Projects & Pharma Plant The Dry Projects Plant, located on the Southwest guardant of the plant site, produces animal feed additives. There are three different products produced here. About 57% of the plant's production is Zinc Mintrex, about 27% is Copper Mintrex and the remaining 16% is Manganese Mintrex. The Mintrex process consist of reacting a weak acid (Alimet) with one of the above three minerals. This produces a weak exothermic reaction. The product is then vacuum dried and milled to meet particle size. All waste associated with the production of Mintrex are Non -Hazardous and are shipped off site to a state approved disposal site. The Pharma Plant is currently idle and has been idle since 2004. There are currently no Storm Water Outfalls associated with this plant Xlll. CERTIFICATION (see instructions) 1 certify under penalty of law that l have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those persons immediately responsible for obtaining the informatioel contained in the application, l believe that the information is true, accurate and complete. 1 am aware that there are significanit penalties for submitting false information, including the possibififX of fine and imprisonment. A. NAME & OFFICIAL TITLE (type or print) B. S)GN TURE C. DA E SIGNED W. E. Oakley/ President (J Z 15 COMMENTS FOR OFFICIAL USE ONLY c C 15 1fi 55 EPA ID Number (copy from item f of Form 1) Form Approved. OMB No, 2340-D086 Please print or Woe in the unshaded areasonty. NCD 024 766 719 Aporovalexores 5-31-92 FORM 2F NPDES U.S. Environmental Protection Agency 1ashington, m 20460 SOPA Application for Permit to Discharge Storm Water Discharges Associated with Industrial Activity Paperwork Reduction Act Notice Public reporting burden for iris application is estimated to average 28.6 hours per application, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate, any other aspect of this collection of information, or suggestions for improving this fom>, including suggestions which may increase or reduce this burden to: Chief, 1plonnation Policy Brarr A PM-223, U.S. Environmental Protecton Agency, 1200 Pentsytv"a Avenue, NW, Washington, DC 20460. or Director. Office of trdormatron and Regulatory Affairs, Office of Management and Budget Washington, DC 20503. i. Outfall Location For each ou tall, fist the latitude and longitude of its location to [tie nearest 15 seconds and the name of the receiving crater. A Outfall Number (list) 8 Latitude C. Longitude D. Receiving Water (name 007 34,00 19,00 71-cc 79.00 22-00 22.00 Livingston Creek il. Improvements A Are you now required by any Federal, State, or total authority to meet any implementation schedule for the construction, upgrading or operation of wastewater treatment equipment or practices or arty other environmerdal programs which may affect the discharges described in this application? This includes, but is not limited to, pemvt conddions, admrnrstrative or enforcement orders, enforcement corrphance schedule letters, sUputations, court orders, and grand or loan conditions. 1. Identification of Conditions, Agreements, Etc_ 2. Affected Outfalls 3. Brief Description of Project 4. Final Compliance Date number source of discharge a. feQ. b. pro', Not applicable 8: You may attach additional sheets describing any additional water pollution (or other environmental projects which may affect your discharges) you now have under way or which you plan. Indicate whether each program is now under way or planned, and indicate your actual or planned schedules for construction. III. Site Drainage Map Attach a site map showing topography (or indicating the outline of drainage areas served by the outfalls(s) covered in the application if a topographic map is unavailable) depicting the facility including: each of its intake and discharge structures; the drainage area of each storm water outfall; paved areas and buildings with in the drainage area of each storm water outfag, each [crown past or present areas used for outdoor storage of disposal of significant materials, each eidsting sb ct ral control measure to reduce pollutants in storm water runoff, materials loading and access areas, areas where pesticides, herbicides, soil conditioners and fertilizers are mpplied; each of its hazardous waste treatment, storage or disposal units (including each area not required to have a RCRA permit which is used for accumulating hazardous waste under 40 CFR 262.34); each well where fluids from the facility are injected underground; springs, and other surface water bodies which received storm waater discharges from the facility. EPA Form3510-2F (1-92) Page 1 of 3 Continue on Page 2 Continued from the Front IV. Narrative Description of Pollutant Sources A. For each outfall, provide an estimate of the area (ftWe units) of imperious surfaces (including paved areas and buik ing roofs) drained to the outfall, and an estimate of tt t mtal surface area drained by the outfatL CKXall Number Area of Impervious Surface (povide units) Totat Area Drained (provide units) outfar Number Area of impervious Surface (provge U11ft) Total Area Drained (povide unks) 007 8,465 square feet 57,687 sq. feet B. Provide a narrative description of significant materials that are currently or in the past three years have been treated, stored or disposed in a manner to allow exposure to storm water; method of treatmer storage, or disposal, past and present materials management practices employed to minimize contact by these materials with storm water runoff; materials loading and access areas, and the location, manner, and frequency in which pesticides, herbicides, soil conditioners, and fertiftzers are applied. e Attachments: A; SWO07 C. For each outfall, provide the location and a description of existing stnxtural and nonstructural control measures to reduce pollutants in storm water runoff; and a description of the treatment the storm water receives, including the schedule and type of maintenance for control and treatment measures and the ultimate disposal of any solid or fluid wastes other than by discharge. outfall List Codes from Number Treatment I Table 2F-1 007 r,ocared Approximately 25 yards west of the Dry Projects Shipping Warehouse. Control Measures. A spoil retention pond. Housekeeping Training f Monthly Audits by St:2 Housekeeping / regular sweeping in production areas to minimize the chance of contaminants being tracked outside Nonstormwater A I certify under penalty of law hat the cu,fall(s) covered by this application have been tested or evaluated for the presence of nonstormAater discharges, and that all nonstormwater discharged from these outfall(s) are identified in either an accompanying Form 2C or From 2E application for the outfaii. Name and (Yficial Title (type o-print) W.E. Oakley / Preident B- Provide a description of the method used, the date of any testing, and the onsite drainage points that were directly observed during a test .On December 6, 2007, a visual observation was conducted on Outfalls 002, 005. and 007. During this visual observations, it gas noted that there were no additional discharges to these outfalls. (inspection conducted with no rain present) !.On October 21, 2009, a visual observation was conducted on Outfalls 002, 005, and 007. During this visual observation, it was noted that there were no additional discharges to these outfalls. (Inspection conducted with no rain. present) .On April 01 d, 02 a visual observation was conducted on Outfall 007. This observation was conducted during a rainfall event. Ic ras noted that there was no oatfallfrom this source. All runoff was retained in the small retention pond south of the rutfall.rt was also observed that there was no indication of oil sheen. li. Significant Leaks or Spills Provide existing information regarding the history of significant leaks or spills of toxic or hazardous pollutants at the facility in the last three years, including the approximate date and location of the spill or feaK and the type and amount of material released. 0/3/07. Approximately one (11 gallon of Alimet leaked outside of the containment / repair was made / residue cleanod mmediately EPA Farm 351 0-2F (1-92) Page 2 of 3 Cor-tinue on Page 3 Continued from Page 2 NCo0z47fi67 Number (copy from Item ? ofFarm 1) II. Discharge Information A, B, C, & D: See instructions before proceeding. Complete one set of tables for each outfall. Annotate the outfatl number in the space provided Table Vll-A, VII-B, Vtl-C are included on separate sheets numbers VII-1 and VII-2- E. Potential discharges not covered by arrdlysis - is any toxic pollutant listed in table 2r-2, 2F-3, or 2F-4, a substance or a component of a substance Which you currently use or manufacture as an intermediate or final product or byproduct? Q Yes (list all such pollutants below) ❑ No (go to Section !X) SWO07: Manganese, Copper 6 Zinc, III. Biological Toxicity Testing Data Do you have arty knowledge or reason to believe that any biological test for acute or chronic toxicity has been made on any of your discharges or on a receiving water in relation to your discharge within the last 3 years? ❑ Yes (list all such poflutants bebM ✓❑ No (go to Sactrdm IX) IX. Contract Analysis Information Were any of the analyses reported to ttem V11 performed by a contract laboratory or consulting firm? ❑✓ Yes (list the name, add,-ess, andtelephane number of, and pollutants ❑ No (go to Soctcn X) analyzed by, each such laboratory or firm beloM A Name B. Address C. Area Code & Phone No. D. Pollutants Analyzed Oxford Labs 1316 S. 5th Street 91C-763-9793 All data through 4/2007 Wilmington, NC 2e401 Environmental Chemists, Inc. 6602 Windmill Way 910-392-0223 All data after 4f2007 Wilmington, NC 28405 X. Certificatiol7 ! certify under penalty of law that this document and all aftach-nents were prepared under my d hr rtion or supervision in sceorlrice Rath a system designed to assure that qualified personnel property gather and evaluate the information submitted. Based on my roquiry of the person orpersoris who manage the system c7r those persons directly responsible for gathering the information, the rnfommaboo submitted is, to the best or my knoWedge and betel, fire, accurafe, and completef am aware that there are significant penalties for submitting false information, including time possibility ol fine and imprisonment for krKming vida5ons, A Name & Official Title (Type Cr Pnnt) B. Area Code and Phone No. W.E. Oakley, President (910) 251-0234 C_ Si,'rWre D_ Date Signed k L //U b -- L �—/ L Lf� EPA Form 3510-2F (1-92) %I-V- ✓ Pace 3 of 3 EPA ID Number (copy from Item 1 Of Form 1) Form Approved. OMB No. 2040-0086 acnp24766719 Approval expires 5.31-92 VII. Discharge Information (Continued from page 3 of Form 2F) Part A —You must provide the results of at least one analysis for every pollutant in this table. Compete one table for each outfall. See instructions for additicrraI details Maximum Values Average Values (-jude -its) (include units) Number Pollutant Grab Sample Grab Sample of and Taken During Taken During Storm CAS Number First 20 Flow -Weighted First 20 Flow -Weighted Events (if —fable) Minutes Composite Minutes Composite Sampled Sources of Pollutants a[ and Grease WA BioiogicalOxygen Demand(BOD5 Spe Attach Chemical Oxygen Demand (COD) Total Suspended Solids (fSS) Total Nitrogen Total Phosphorus pH I Minimum IMaximum I Minimum IMaximum Pan B— List each pollutant that is IiMlled in an effluent guideline which the facility is sut ect to or any pollutant listed in the facility's NPDES permit for its process wastewater (if the facility is operating under an existing NPDES permit). Complete one table for each outfall. See the instructions for additional details and requireme nts- Maximum Values Average Values (u7clutie rants) (inchida units) Number Pollutant Grab Sample Grab Sample of and Taken During Taken During Storm CAS Number First 20 Flow -Weighted First 20 Flow -Weighted Events (if available) Minutes Composite Minutes Composite Sampled Sources of pollutants N/A EPA Form 3510-2F (1-92) Page VII-1 Conti nue on Reverse Continued from the Front Part C - List each pollutant shown in Table 2F-2, 2F-3, and 2F-4 that you know or have reason to believe is present. See the instructions for additional details and requirements. Complete one table for each outfall. Pollutant and CAS Number (f avaitabfe) Maximum Values (include units) Average Values (include ands) Number of Storm Events Sampled Sources of Pollutants Grab Sample Taken During First 20 Minutes Flow -Weighted Composite Grab Sample Taken During First 20 Minutes Flow -Weighted Composite Samples were pulled 5/22/09 rill forrard results as soon as they are available Part D — Provide date for the stone event($) which resulted in the maximum values for the flow weighted composite sample, 1. Date of Storm Evert 2, Duration of Storm Event (in minutes) 3. Total rainfall during storm event (in inches) 4. Number of hours behveen beginning of storm measured and end of previous measurable rain evert 5. Maximum flow rate during rain evert (gallons/minute or sp-ify units) 6. Total flow from rain event (gallons or specify units) 8/8/2006 85 minutes i.1 inches 108 hours 0.099 MG 0.215 MG 7. Provide a description of the method of flow measurement or estimate. The total flow during a rain event was estimated from the drainage area of each outEall and total precipitation. EPA Form 3510-2F (1-92) Page VII-2 1): Attachment A SW 007 EPA Form 2F — Item IV-B Page 1 Of 3 The following materials are or have been stored within the affected area of Oak-Bark's Storm Water Outfall SW007. The 5torap areas are either covered, with built in secondary containment or uncovered ASTs with secondary containment. Containments are managed to prevent overflows and are tested before any rain water is released Material State Category Primary Best Management Material Handling Containment Practice Dicyanamide Solid Raw Material Bag Stored in Warehouse Delivered by Van, Transported to Plant via forklift Ammonium Solid Raw material Bag Stored in Warehouse Delivered by Van, Transported Chloride to Plant via forklift Zinc Oxide Solid Raw material Bag Stored in Warehouse Delivered by Van, Transported to Plant via forklift Manganous Solid Raw material Bag Stored in Warehouse Delivered by Van, Transported Oxide to Plant via forklift Copper Carbonate Solid Raw material Bag Stored in Warehouse Delivered by Van, Transported to Plant via forklift Mintrex ZN Solid Finished Goods Bag Stored In Warehouse Transported from plant to warehouse via forklift. Loaded on vans and shipped out Mintrex MN Solid Finished Goods Bag Stored In Warehouse Transported from plant to warehouse via forklift. Loaded on vans and shipped out Mintrex CU Solid Finished Goods Bag Stored In Warehouse Transported from plant to warehouse via forklift. Loaded on vans and shipped out Alimet Liquid Raw Material AST Stared in Aove Ground Received in Tank Trucks, Storage Tank (AST) unloaded within Containment with Secondary and pumped to AST Containment Attachment A SW 007 EPA Form 2F — Item IV-B Page 2 Of 3 Material State Category Primary Best Management Material alldliug Containment Practice Release Oil Liquid Finished Goods Drum Stored in Warehouse Transported from plant to warehouse via forklift. Loaded on vans and shipped out Gastofac Liquid Raw Material Drum Stored in Warehouse Delivered by Van, Transported to Plant via forklift Oleic Acid Liquid Raw Material Drum Stored in Warehouse Delivered by -Van, Transported to Plant via forklift Palguard 11020 Liquid Finished Goods Drum / Totes Stored in Warehouse Transported from plant to warehouse via forklift. Loaded on vans and shipped out Tall Oil I Liquid Raw Material Drum Stored in Warehouse Delivered by Van, Transported to Plant via forklift Sea Brooke Liquid Raw Material Diem Stored in Warehouse Delivered by Van, Transported to Plant via forklift Lubraphos Liquid Raw Material Drum Stored in Warehouse Delivered by Van, Transported to Plant via forlkdift Emery Liquid Raw Material Drum Stored in Warehouse Delivered by Van, Transported to Plant via forklift Aresol OT Liquid Raw Material Drum Stored in Warehouse Delivered by Van, Transported to Plant via forklift Palsoft Liquid Finished Goods Drum / Totes Stored in Warehouse Transported from plant to warehouse via forklift. Loaded on vans and shipped out Areomatic Liquid Raw Material Drum Stored in Warehouse Delivered by Van, Transported to Plant via forklift Bimethly Glutrate Liquid Raw Material Drum Stored in Warehouse Delivered by Van, Transported to Plant via forklift Attachment A SW 007 EPA Form 2F -- Item IV-B Page 3 Of 3 Material State Category Primary ?Hest Management Material Handling Containment Practice Ninate 411 Liquid Raw Material Drum Stored in Warehouse Delivered by Van, Transported to Plant via forklift Sodium Solid Finished Goods Bags Stored in Warehouse Transported from plant to MetaBisulfite warehouse via forklift. Loaded on vans and shipped out Paraformaldehyde Solid Finished Goods Bags Stored in Warehouse Transported from plant to warehouse via forklift. Loaded on vans and shipped out Attachment B EPA Form 2F Section VII part "A" There has been no analytical obtained from SW 007 because there has been no recorded flow from that monitoring station. Tfiere.is a`sm" U retention pond _prior to the overflow and all"runoff is captured in that pond. Oh- 22-May-09: a sample-was�pulled from that pond -and is being analyzed. Results will be forwarded to NCDENR as soon as results are available. Attachment to EPA Form 2F Item VII part A & part B Oalc-Bark Corporation = STORM WATER SAMPLING REPORT Columbus County, North Carolina Personnel Collecting Samples: P. Busovne/D. Maddox/M. Bass Certified Laboratories: Envirochem Lab ID: 75 ANAi.VTfrAl. RRRU .TS Outfall Date mo/dd/yr 50050 Total Flow MG 00400 pH s,u. 00310 DOD mg/I 00340 COD mg/l 00530 TSS mg/l 610 NH3 mg/I 00625 TKN mg/1 00630 NO3+NO2 mg/l 01051 Total Lead mg/I 71880 Formaldehyde mgll Hexamine mgll 002 - Lab Weir 2/18/2009 0.016 6,97 322 1899 141 16.1 438 1.52 0.005 42.8 577 005 - Silane Weir 2/19/2009 0.009 6,73 113 391 95 5.6 60.8 1.52 0,009 4.8 46 001- Silar Warehouse 2/19/2009 0.036 5.82 88 450 118 83.9 119.0 0.004 0.004 43 <1 007 - Dry Projects 2/18/2009 No Flow STORM EVENT CHARACTERISTICS Start Date: 21l 8/2009 Event Duration (hours): 3 'Total Event Precipitation (inches): 0.33 Permit Sampling Period: 30 Note: CERTIFICATION STATEMENT By this signature, I certify this report is accurate and complete to the best of my knowledge. Signature ol'Permittee or Designee _W.E. Lewis _ _Plant Manager Print Namc and Title Date Mail duplicate copies to: Division of Water Quality Water Quality Section Attn: Central Piles 1617 Mail Service Center Raleigh, NC 27699-1617 Company Information Oal-Bark Corporation 333 Neils Eddy Road Riegelwood, NC 28456 (910) 655-6990 Oak -Bark SWP3 WORKSHEET #1 BEST MANAGEMENT PRACTICES (BMPs) IDENTIFICATION Completed by: W.E.(Red) Lewis Title: Pit. Managerr Date: April 2009 Instructions: Describe the Best Management Practices that you have selected to include in your plan. For each of the baseline BMPs, describe actions that will be incorporated into facility operations. Also, describe any additional BMPs (activity -specific and site -specific) that you have selected. BMPs Brief Description of Activities Good Housekeeping Storage of chemicals to minimize contact with storm water (under cover & on pallets); maintain clean working. areas; training of employees; minimize waste accumulation. Preventative Weekly inspections of bulk storage and chemical handling areas; monthly inspections of all containment/diking Maintenance structures. Inspection On a semi-annual basis, perform visual inspection to identify any potential problems that may cause storm water contamination (e.g., leaks/cracks in dikes). Spill Prevention and Educate employee on proper handling of chemicals; inform employees about MSDS information and reporting Response procedures for any spill/leak incident; maintain a readily available supply of spill prevention kit materials (e.g., absorbent materials). Sediment and Erosion Regrade and seed the facility property as, necessary to minimize erosion. Construction zones which involving land Control disturbment should be reseeded. Management of Build curbing to direct strom water around processing areas. Runoff Additional BMPs Verify proper dike pump -out methods. Monitor chemical receiving of bulk chemicals and ensure safe & (Activity- and Site- environmentally neutral procedures are followed.. Specific) . ;e Oak -Bark SWP3 WORKSHEET 92 IMPLEMENTATION OF BMPs Instructions: Develop a schedule for implementing each BMP. Provide a brief description of each BMP, the steps necessary to implement the BMP (e.g., any construction or design), and the schedule for completing those steps (list approximate dates). BMPs Description of Action(s) Required for Implementation Scheduled Notes Completion Date Good Housekeeping 1. Perform weekly sweeping of floors in the warehouses and other 1. On -going building areas. 2. Conduct employee training. 2. Annual Preventative 1. Weekly inspection of the processing areas and schedule timely 1. On -going Maintenance Mauling (disposal) of the waste materials. 2. Inspect chemical containers and equipment for any potential leaks/spills. 2. On -going .Inspection 1. Conduct visual inspection of the facility and record the inspection 1. Semi-annual results using the record sheet provided. Spill Prevention and 1. Maintain a readily available supply of spillAcak clean-up kit 1. On -going Response materials. 2. Infirm; employees about MSDS info. 2. Annual Sediment and Erosion I. Keep areas seededlgrassed. 1. On -going Control 2. Regrade and seed site to minimize erosion. 2. On -going Management of Storm 1. Maintain the storm water drainage ditches and keep clear of debris. 1. On -going Water Runoff 2• Build curbing around processing areas. 2. On -going .. . NC® Nit Aj;A A- w- UAd2 �Ws {�s North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Oak -Bark Corporation NPDES Permit Number: NCS000532 Facility Location: 333 Neils Eddy Road, Riegelwood, NC (Columbus County) Type of Activity: Organic Chemical Manufacturing (Produces animal feed additives) SIC Code (if applicable): 2869 Receiving Streams: Livingston Creek (Broadwater Lake), See Figure 1 River Basin: Cape Fear River Basin, Sub -basin 03-06-17 Stream Classification: C; Swlj Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Response Requested by (Date): June 28, 2010 (Scheduled to notice July 7) 1 Central Office Staff Contact: Return to Bethany Georgoulias, (919) 807-6372 � 7}PA� Fprmc 1": � 6-" J Special issues: Issue Rating Scale: 1 (easy) to 10 (hard) Compliance history 8 Benchmark exceedances 4 Location (TMDL, T&E. species, etc) 5 Other Challenges: • Complicated site 10 Difficulty Rating: 27/40 Special Issues Explanation: • Site has since been split up from one previous owner, Wright Chemical, into three owners (Oak -Bark, Hexion, and Silar). Oak -Bark Corporation now retains a small portion of the site and has applied for a separate individual NPDES permit. o Outfalls and responsibilities and permits need to be defined for each company. ■ Hexion's stormwater outfalls are 003, 004, 006, 008, and 009 (from 2008 application). ■ Oak -Bark Corp. manufacturing area drains to stormwater outfall 007. ■ Silar areas drain to stormwater outfalls 001, 002, and 005. 0 3 Permits for Hexion, Oak -Bark and Silar should be coordinated. Page 1 of 6 r � f NCS000532 ` 5 " lo Past problems with SW and WW issues. Des&iAtidn of Orisite Activities: • Facility has two operations: Dry Projects and Pharma Plant. • Dry Projects plant produces animal feed additives (57% Zinc Mintrex, 27% Copper Mintrex, and 16% Manganese Mintrex. Weak acid (Alimet) is reacted with these minerals, and the product is vacuumed dried and milled to meet.particle size specifications. • Pharma Plant has been idle since 2004. Documents Reviewed: • NPDES Stormwater Permit Application Materials (EPA Forms 1 & 2F) • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU/Central Files on Hexion Specialty Chemical, previously Wright Corp. • EPA Sector -Specific Permit, 2008 • 303(d) List, 2006 final and proposed additions • TRldatabase History: • Date permit (for larger site under Wright Chemical) first issued: 1994, Effective Feb 1, 1995 • Date that permit re -issued: Effective 2000, Expired Feb 28, 2005. • . Wright submitted name change on Jan 16, 2007 (changed to Borden Chemical, Inc.) Changed again to Hexion Specialty Chemical, Inc., on March 13, 200Z (submitted). Apparently sent change name letter on June 22, 2005 but the change was not completed. • Date Oak -Bark submitted application for new, separate individual permit: June 4, 2009. Analytical monitoring provided on June 18, 2009. Figure 1: Map of Facility Page 2 of 6 NCS000532 Central Office Review Summary: Owner's Other Permits: • 09749R00 — Synthetic Minor Air Permit • WQ0005699 — Sludge Disposal Monofill • WQ0003361 —Closed-loop Recycle (non -discharge) 2. General Observations: • Several dry products stored in the warehouse; good housekeeping will be essential to prevent residues from being tracked -out and exposed to stormwater. Several materials transported inside by forklift on delivery. • Oils may also be a potential contaminant from any truck traffic in drainage area. Also noted oils and lubricants stored in the warehouse. • See application for more details. • 2007 Toxic Release Inventor�-is available for Hexion and Wright (entire site); reported emissions included acrylamide, ammonia, analine, copper compounds, formaldehyde, n-hexane, methanol, polycyclic aromatics, toluene, and zinc compounds. 3. Impairm_ ent: Proposed to be added to the 303(d) list for turbidity impairment. The 2005 Basinwide Plan notes low DO impacts to aquatic life, but this may be an older listing. The Plan does not discuss the creek in detail. 4. Threatened and Enda�: No threatened or endangered aquatic animals identified nearby. 5. Location: This site is part of a larger site that used to be operated by Wright Chemical. Most recently the site has been divided by three companies: Silar, Hexion, and Oak -Bark. This permit for Oak -Bark applies to the manufacturing activities on the_ southwestern corner of the property and stormwater discharges through outfall 007. 6. Industrial Changes Since Previous Permit: N/A; see description of current activities. 7. Analytical Monitoring Notes. Application indicated there had been no recorded flow from SDO 007 because a small retention pond captures and contains the runoff from most storms (WiRO confirmed overflow likely only in large events). Sample taken from the pond on 5/22/09 for analysis (see next page). 8. Qualitative Monitoring Notes: N/A. 9. Consideration of Acute Toxicity Monitoring: Note that Silar and Hexion portions of this site under separate individual Stormwater Permits have annual Acute Toxicity (WET) Monitoring requirements. This permit does not include that requirement because stormwater contamination problems have not been as severe at this outfall and because discharge is infrequent (only in large events; confirmed by WiRO). Page 3 of 6 Table 1: Analytical Monitoring Sample —BOD5 ��TSS m Y. Total Lead.::I T6t�l,C6PjY6,e,,, I.:wI-..-,Tot6 Zinc,.,,,°,M ahg6n6se'- Date Benchmark: 30 mg/L Benchmark. 100 mg/L Benchmark: 120 mg/L Benchmark: 7.2 mg1L Benchmark: 20 mg/L Benchmark. 10 mg/L Benchmark: 0.03 m /L Benchmark: 0.007 mg/L Benchmark: 0-067 m /L Benchmark-. None Outfall 007 5/22/2009-1 23 13 3 3.7 ----9.1 < 0.02 0.005 z�-�*6.% VI 1.93 Sample Hexamine-, Formaldehyde Date Benchmark: 25,000 mg1L Benchmark: 0.5 mg/L• Outfall 007, cont. 5/22/2009- < 1.0 0.466 Page 4 of 6 Permit Recommendations; 1. Parameters in this permit include all chemicals reported by the applicant for the May 2009 sampling event, except for lead. > BOD and COD are appropriate for the various organic chemicals stored and used on Oak-Bark's area of the facility, and the rest of the site has had numerous instances of elevated levels in the stormwater discharge (Outfalls 002, 003, 004, 005, & 006). ..> T55 is indicative of housekeeping or other problems, particularly the effectiveness of the retention pond ,(structural BMP) for this drainage area; TSS is also appropriate for a discharge to receiving waters plagues with turbidity problems. > Ammonia, TKN (organic nitrogen), and Nitrate/Nitrite were reported below benchmarks in the submitted analysis but are present with this industrial activity. It is possible the retention pond is affected by ammonia`" emissions from other parts of the site. If levels prove not to be a problem during this permit cycle, future reviewers may consider scaling back or eliminating monitoring. > Total Lead is not proposed in the monitoring scheme because levels were well below the 0.03 mg/I benchmark, and it does not appear to be present in the -materials here. Noted that there were very few benchmark exceedances in data collected from other outfalls at this site between 2000-09 (see attached summary for Hexion and Silar outfalls). > Total Copper, Zinc, and Manganese included because activity at this site involves production of feed additives with these metals. Note -benchmarks may change prior to issuance depending on final strategy for 'r 5PU to iMplemer.)r new dissolved metals standards. > Hexamine and formaldehyde are included in the permit because they are potential pollutants from past L_ activities and/or activities in close proximity to Oak-Bark's operations. The sample's formaldehyde concentration was very close to the benchmark of 0.5 mg/I. > pH is included because of its use as a general and immediate indicator of problems (especially with acid storage at this facility), as well as its importance in interpreting other data such as metals. > Total Petroleum Hydrocarbons (TPH) is included because several oils are stored at this site, and fork-lift traffic may introduce such materials into the discharge. An alternative to just Oil and Grease (O&G), TPH can v be measured with the same method EPA has approved for 0&G: Method 1664, but using Silica Gel Treated N- Hexane Extractable Material (SGT-HEM) and an additional step that removes polar/fatty non -petroleum based material from the sample. This method is not compound -specific but is less costly, and still provides an estimate of petroleum hydrocarbon concentration. This parameter is better targeted for petroleum based materials than 0&G, which can include animal -based fats and oils. 2. All analytical monitoring is quarterly during a representative storm event as defined in Part it Section B. This frequency is higher than the standard semi-annual, but is consistent with proposed monitoring in draft permits for the other manufacturers at this site (Hexion and Silar). The frequency is also appropriate given DWQ's elevated concern about stormwater contamination from past activities. Because the retention pond discharges more rarely, Oak -Bark will probably not see flow from its one outfall for many of those quarters. 3. Benchmarks for analytical monitoring are included with this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility should follow the Tiered response guidelines. 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during a representative storm event as defined in Part II Section B. Qualitative monitoring is required to coincide. 5. The flow reporting requirement is not included, per DWQ revised strategy. Total rainfall is in the permit, however, and can be used with impervious area information to estimate flow. Impervious area detail is required to be documented in the permittee's SPPP. 6. Vehicle maintenance monitoring included, if ever applicable at this site (proposed quarterly to be consistent Page 5 of 6 NCS000532 with other monitoring, which would occur at the same outfall). Recommendations: Based on the documents reviewed, the application information submitted on June 4, 2009 and June 18, 2009 are sufficient to issue an Individual Stormwater Permit. 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Ili ea' � � I�"'4 ]� i n n 2 C Z C 2 ± >oSooSSB$S88o aooSS88800088S�8$S000SSS� ry G ry O m �n ZrZY o���� o`er m;s m11 3 r?ry i i L Ok 5i Wen - _ ti 4"4 _ --$• 5 iA NCS000532 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE L POLLUTANT DISCHARGE ELIi<-IIN In compliance with the provisions of North Carolina General Statute'l43-215.1, other lawful standards and regulations promulgated and adopted by, the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act as amended Oak-Bark,Corporation is hereby authorized'40,discharge stormwater from a facility located at ak-Bark Corporation 33 Neils Eddy Road Riegelwood, NC Columbus County to receiving waters designated as Livingston Creek (Broadwater Lake), a class C;Sw strearn in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective September 1, 2010. This permit and the authorization to discharge shall expire at midnight on August 31, 2015. Signed this day August 27, 2010. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000532 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES` Section A: Stormwater Pollution Prevention Plan 4, `fig Section B: Analytical Monitoring Requirements;14, Section C: Qualitative Monitoring Requirements Section D: On -Site VehicleMT-enance.,Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability. 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. Oil and Hazardous Substance Liability 6: Property Rights 7. Severability $. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. 'Individual Permit Expiration 2. Transfers 3. Signatory Requirements Permit No. NCS000532 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records f I. Representative Sampling f% � 2. Recording Results I 3. Flow Measurements 4. .may Y Test Procedures 5. Representative Outfall rf' 6. Records Retention ' 7. Inspection. and Entry Section E: Reporting Requirements:.t. 1. Discharge Monitoring Reports 2. Su8n itt ng,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 LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS Permit No, NCS000532 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 E-posure Certification must submit a No Exposure Certif cation* VOI-- q to the Division; must receive approval by the Division; must maintain no exposure'�connditlons unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for tliW o Exposure Exclusion once every five (S) years. SECTION B: PERMITTED ACTIVIT Until this permit expires or is modified or revokedthe 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``acca_rdance with the terms and conditions of this individual permit. All stormwater discharges shall• b'e in accordance with the conditions of this permit. �eji 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 individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with. any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000532 1',%i.{.l, • i 4 �f,r ,_"ww+a jjir..n 't� 'S`s !`�- _ _ av F.,+�•e.-,t y d JF� _ a ; A�'4 i i�_ /:+ ;��• fir - ..:/ r �h rytilr-r-1 z� c ls+ Y�1� 7 'r: r 3 r 'r + i t _p _ . i- s".'.! i ! r+.. F 1 r,i`s ! 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Vrl;• � "� �I e�5 ^I. -7 t`4'F{ ' w•`2 � ��''.'� n•: _ I n d F 1C Y^CrkE If r_ � r - l;'. ,f � . I `� e} i � :: t � � � -• 5 r ti ,A rF 'C � .�•+!�'��iY�s�ei�'e ar a� }� P �� ` t ^� �If� �f �u�.t�,�} ,. __ :i^�r 4-'.f``� ��f ��::� r/•Stti�- � r'�s.,._ F }1��� 1-+ `-d-�+�`+�� ��x��'�. _a:�. �? tw ���_-. � t�l�r NCS000532 t t, iE S h'13 , SC310 1: ,000 Oak -Bark Corporation Oak -Bark Corporation, Riegelwood Latitude: 3.1� 19` 4111 N Longitude: 78'- 1Z1 ZZ" VV Counts: Columbus Recei-ving Stream. U%iingst_on Creek Strearn Class: CI Sw Sub -basin: 03-06-17 (Cape Fear- River Basin) Facility Location Permit No. NCS000532 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with'Pa<< III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of thephysicalfacility r.:?d the potential pollutant sources which may be expected tole tribute to contamination of stormwater discharges. The site plan shall contain ti; 'following: (a) A general location map (USGS quadrangle;_map or appropriately drafted equivalent map), showing the facility}s Iocation.in relation to transportation routes and surface waters, the name of the'recetiving.water(s) to which the stormwater outfall(s) discharges, or if the discharge pis,Jo a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the-'point(s) of discharge. The'general location map (or alternatively:thi Vsitd.map) shall identify whether each receiving water is impaired (on the state's 303(d)`Iist of impaired waters) or is located in a watershed for which'a TMDL has been established, and what the parameter(s) A of concern are.4•' h (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part Ill, Standard Conditions, Section Part H Pa-e I of 10 Permit No. NCS000532 B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or'storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas`where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away fr6ffi areas of potential contamination. (b) Secondary Containment Requiremerits.'and Records. Secondary containment is required for: bulk storage of liquid rriaterials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage_.in any amount of hazardous substances, in order to prevent leaks and spills'fro contaminating stormwater runoff. A table or summary of all such tanksrdnd stored materials and their associated secondary containment areas ,shall.be maintained. If the secondary containment devices are connected to st_orrmwater conveyance systems; the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a lockingmechanism), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by 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 years. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible Part 11 Pa-e 2 of 10 Permit No. NCS000532 person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwatee 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;Joading 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 fact Iity-equipment, facility areas, and facility systems that present a potential for stone' water exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with'the established schedules for inspections, maintenance, and housekeeping shall be recorded in writing and maintained in the SPPP.T 5. 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 mainferiahce activities, and for any of the facility's operations that have the potentials o contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the trc:ning shall be identified, and their annual training shall be documented by the'signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be -reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stonnwater Management Plan. The Director may notify the pennittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 clays of such notice, the permittee shall Part II Page 3 of l0 Permit No. NCS000532 submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part 1II, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 8. 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 required in Part II B and C of this permit. 9. Implementation. The permittee shall implementP,the Plan; Implementation of the Plan 'Pr shall include documentation of all monitoring;-.- easurements inspections, maintenance activities, and training provided to employees;'fiifcluding the'iog of the sampling data and of actions taken to implement BMPs associateduthahe industrial activities, including vehicle maintenance activities. Such docurrientation hall be kept on -site for a period of five years and made available to the Director'or,=theDirector's authorized representative immediately upon request. A ` Part 11 Page 4 of 10 Permit No, NCS000532 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 20 analytical samplings being conducted over the term -of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event aild the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. Tor example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. Table 1. Analytical Monitoring Requirements,, t ... -Discharge"'-,..: r• a 'Meas_urernent :. Sample,:: ;Sample '= Characteristics `'' .. -.Units _ Fre uencv� . T ez. _.; Location Total Suspended Solids (TSS) mg/L �.Au rterly Grab SDO Biochemical Oxygen Demand (BOD5) A01R mg/Lh9 •� quarterly Grab SDO Chemical Oxygen Demand (COD) ,rrg/L quarterly Grab SDO Ammonia as Nitrogen (NH3-N) ff mg/L- quarterly Grab SDO Total K3eldahl Nitrogen (TKN) ` JV rng, L quarterly Grab SDO .� Nitrate + Nitrite Nitrogen r N. .mg/L quarterly Grab SDO Total Petroleum H ydrocar` ci- s TPH y { ) Grab SDO :I ,ie mg/1 quarterly EPA Method 1664 (SGT-HEr1�1)' , , Hexamine - mg/L quarterly Grab SDO Formaldehyde mg/L quarterly Grab SDO Copper, Total Recoverable mg1L quarterly Grab SDO Zinc, Total Recoverable mg/L quarterly Grab SDO Manganese, Total Recoverable mg/L quarterly Grab SDO H standard Quarterly Grab SDO Total Rainfall`t . inches quarterly ain Gauge - Footnotes: I Measurement Frequency: Four times per year during a representative storm event. 2 Grab samples shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part Il Page 5 of IO Permit No. NCS000532 The permittee shall complete the minimum 20 analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 30 days must separate Period l and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule Monitoring periodI°Z'. Start ..: .. End•: All Years — Quarter I January. I March 31 All Years -- Quarter 2 April 1 June 30 All Years — Quarter 3 July l September•,30 ' All Years — Quarter 4 October 1 Decelm- ber`SI,4. Footnotes:`• 1 Maintain quarterly monitoring during permit renewal process:•If at the expiration of this permit, the permittee has submitted an application for renewal of.coverage before the submittal deadline, the permittee will be considered for renewed coverage.. Quarterly' monitoring shall be done all years of the permit and the applicant must continue quarterly monitoring until the renewed permit is issued. 2 If no discharge occurs during the sampling p6iriod„the permittee must submit a monitoring report indicating "No Flow" within 30 days of the -end of the`three month sampling period. ,^ The permittee shall report the analytical results, from the first sample with valid results within the monitoring period. The permittee,shall ,compare monitoring results to the benchmark values in Table 3. The benchmark values in Table-,3 are not permit limits but should be used as guidelines for the permittee's Storntwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, � 1; and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Anal tical Monitoring Discharge Characteristics ; Units`' ::': Benchmark.. . Total Suspended Solids (TSS) mg/L 100 Biochemical Oxygen Demand (BODO mg/L a0 Chemical Oxygen Demand (COD) mg/L 120 Ammonia as Nitrogen (NH3-N) mg/L 7.2 Total Kjeldahl Nitrogen (TKN) mg/L 20 Nitrate + Nitrite Nitrogen mg/L 10 Total Petroleurn Hydrocarbons (TPH) [EPA Method 1664 (SGT-HEM)] mg/L 15 Hexamine mg/L 25,000 Part Il Page 6 of 10 Permit No. NCS000532 Discharge Characteristics Units Benchmark Formaldehyde mg/L 0.5 Copper, Total Recoverable mg/L 0.007 Zinc, Total Recoverable mg/L 0.067 Manganese, Total Recoverable mg/L N/A pH standard. 6-9 Tier One If: The first valid sampling results are above a benchmark value, :or oufside,of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection „ofthe •facilify within two weeks of receiving sampling results.%,ry. 2. Identify and evaluate possible causes of -the be" cltmark value exceederice _ 3. Identify potential and selectthe specific: source controls, operational controls, or physical improvements to reduce concentrations-ofthe parameters of concern, or to bring concentrations within the benchmark range 4. Implement the selected actions wit hin`two months of the inspection. 5. Record each instance of ajier One response in the Stormwater Pollution Prevention Plan. Include the date and value of the;bMlimark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two - If: During the term of this permit, the first valid sampling results from three consecutive monitoring periods 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 for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within the benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitorin, report indicating "No Flow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. Part I1 Page 7 of 10 Permit No. NCS000532 .: . Tier Three During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit, • require the pennittee to conduct acute toxicity testing on discharges; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. } This site discharges to impaired waters experiencing ptoblems with.ti'irbidity. If a Total Maximum Daily Load (TMDL) is approved for this segment of Livingston Creek, the permittee may be required to monitor for the pollutant(s) of concern in'fhe future and submit results to the Division of Water Quality. The Division will considWtheirronitoring results in determining whether additional BMPs. are needed to control the polIutant(s) of concern to the maximum extent practicable.- F If additional BMPs are needed to'"achieve.thexequired level of control, the permittee will be required to (1) develop a.strategy for 161 leinentrng appropriate BMPs, and (2).submit a timetable for incorporation of those BMPsInto the -;permitted Stormwater Pollution Prevention Plan. f SECTION C: QUALITATIVEMMONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the permittee still must conduct quarterly qualitative monitoring.] Qualitative monitoring is for -the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Part II Page 8 of 10 Permit No. NCS000532 Table 4. Qualitative Monitorino. Requirements Discharge Characteristics Frequencyt : _ -Monitoring ; Location2 ... Color quarterl SDO Odor quarterly SDO Clarity quarterly SDO Floating Solids SDO _quarterly Suspended Solids quarterly SDO Foam quarterly SDO Oil Sheen quarterly SDO Erosion or deposition at the outfall quarterly SDO )A-,:SDO Other obvious indicators of stormwater pollution quarterly Footnotes:. ^ I Measurement Frequency: Four times per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropnate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for,rencwed coverage. The applicant must continue quarterly monitoring until the renewed permit is'issued: See Table 2 for schedule of monitoring periods through the end of this permitting cycle. Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics - . Units Measurement Fre uencyl Sample Tv e2 Sample Location3 H standard quarterly Grab SDO Total Petroleum Hydrocarbons (EPA lvfcthod 1664 (SGT-HENl)J mg/l quarterly Grab SDO Total Sus ended Solids mg/1 quarterly Grab SDO Total RainfaI14 inches quarterly Rain gauge New Motor Oil Usage I gallons/month quarterly I Estimate I- Part ll Page 9 of l0 Permit No. NCS000532 Footnotes: 1 Measurement Frequency: Four times per year during a representative storm event, for each year until either . another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for renewed coverage. The applicant must continue quarterly monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond a grab santple of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond.- 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SQO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur.- 4 For each sampled representative storm event the total precipitation must sbe're corned. An on -site or local rain r FGz4 [ gauge reading must be recorded. Monitoring results shall be compared to the benchmarkvalues in Table 6. The benchmark values in Table 6 are not permit limits but should. -be used`as.guidelines for the permittee's 1� y Stormwater Pollution Prevention Plan (SPPP)..,Exceeddnces of benchmark values require the permittee to increase monitoring, increase ma agement'actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs)�, as provided in Part 11 Section B. w Table 6. Benchmark Values'fortiVehicle Maintenance Anal tical Monitorinc, Discharge Characteristics' Uritts :;:-'-'Ben•ehmark pH standard 6-9 Total Petroleum Hydrocarbons (TPH) [EPA Method 1664 (SGT HEAf)J mg/L 15 Total Suspended Solids (TSS) mg/L 100 Part ll Page 10 of 10 Permit No. NCS000532 PART III STANDARD CONDITIONS FOR NPDES STORNIWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY I. 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 tinie: 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 I1, Section A, Paragraph 2(b) of this permit, shall be accomplished within,l2 months C..' the effective date of y P the initial permit issuance. ;. :' New Facilities applying for coverage for the first time and exiistmg•f . ilit s previously permitted and applying for renewal under this permit: The Stormwatei;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 contanrment:as. specified in Part II,'Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity.' Duty to Com 1 The permittee must comply wiihball conditibnstiof this individual permit. Any permit noncompliance constitutes a violation of the Cleaii' titer Act and is grounds for enforcement action; for permit termination, revocation and reissirance,:or,modification; or denial of a permit upon renewal application. W _ a. The permittee shall comply.,with standards or prohibitions established under section 307(a) of the Clean Water Act foi toxic'pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed S10,000 per violation with the maximum amount not to exceed S 125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] Under state law, a daily civil penalty of not more than ten thousand dollars (S10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 303, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class i penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed Part III Page 1 of Permit No. NCS000532 S 10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed S 125,000. Duty to Mitizate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal-Liabili Except as provides! in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended.' 5. Oil and Hazardous Substance.Liabiii ti Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities,.or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 6f the -Federal Act, 33 USC 1321. C^y �y1 6. PropeM Right',; ter. r L" 4� x� The issuance of this individual permit does h6t,convey any property rights in either real or personal ';5 .:,, property, or any exclusive privileges, nor doe"s'it authorize any injury to private property or any invasion of personal rights, nor any infringement" F.,ederal, State or local laws or regulations. 7. Severability «r;.. The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Du to Provide Information The permittee shall famish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the perniit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part III Page 2 of 8 Permit No. NCS000532 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon. conviction, be punished by a fine of not more than 510,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration . The permittee is not authorized to discharge after the expiration date._ -In order to receive automatic authorization to discharge beyond the expiration date, the permittee.shall submit forms and fees as are required by the agency authorized to issue permits no later than '-66 days prior to the expiration date. Any permittee that has not requested renewal at least t 80 days pr & to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least.180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS,§ 143-2153.6 and 33 USC 1251 et. seq. Transfers =' This permit is not transferable to any person except after=notice to and approval by the Director. The Director may require modification or revocation.and reissuance of the permit to change the name and incorporate such other require ,m' ents as may be necessary under the Clean Water Act. The Permittee is required to notify the Division;id,writing in the event the permitted facility is sold or closed. Signatory Requirements, ,• z_ y .Y All applications, reports, o�nformation submitted to the Director shall be signed and certified. a. All applications to be"covered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor-, (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent Part Ill Page 3 of g Permit No. NCS000532 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible 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 perialt�ies for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit !Modification. Revocation and Reisstian"ce: or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual•permit"or terminating the individual permit as 1? ;wee, . "..z... 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 Ad riistrativeCode, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 5. Permit Actions u f 1 The permit may be modified,aevoked and reissued, or terminated for cause. The notification of planned r changes or anticipated noncompliancez""dos✓es not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures_ This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part III Page 4 of 8 Permit No. NCS000532 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director. may approve an anticipated bypass after considering its adverse effects. SECTION D: NIONITORLNG AND RECORDS - Representative Sampling Samples collected and measurements taken, as required'hereinrshall;6E5 chat acteristic of the volume and nature of the permitted discharge. Analytical sampling'shall',be perfJ ed during a representative storm event. Samples shalt be taken on a day and time that is.characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste=stream,"body of water, or substance. Monitoring points as specified in this permit shall;not.be.changed without notification to and approval of the Director. y 7 Recording Results For each measurement, sample;-inspection^or,maintenance activity performed or collected pursuant to the requirements of this individual permit,"the permittee shall record the following information: a. The date, exact place, and tini'e of sampling, measurements, i1-.?1--ction or maintenance activity; ram;. b. The individual (s): w ho performed the sampling, measurements,'inspection or maintenance activity; The date(s) analyses were performed; d_ The individual(s) who performed the analyses; The analytical techniques or methods used; and The results of such analyses. flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges_ 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Page S of 8 Permit No. NCS000532 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwate�-discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Records Retention Visual monitoring shall be documented and records maintained at the,facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information; including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Inspection and Entry The permittee shall allow the Director, or an.authonzed 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, uponh'the presentation of credentials and other documents as may be required by law, to; 01 ? 1. pp a. Enter upon the peyAittee's premises where a regulated facility or activity is located or conducted, or where records Imust be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; c. Inspect at reasonable. times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on forms supplied by the Division. Part III Page 6 of S Permit No. NCS000532 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 three-month sampling period, giving all required information and indicatin,- "NO FLOW" as per NCAC T15A 02B .0506. 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. Visual monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Submitiing Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Quality" 1617 Mail Service Center '�:`� 7. AF '27 Raleigh, North Carolina699= 7n L61Ek�,"' In addition, a separate signed Annual Summary ryDMR �co y shall be submitted to the local DWQ Regional Office (RD) by March 1 of each year. r �- Addresses' for each RO and the counties covered by.each RO.can be found here: http://N%,ww.ettr.state.ne.us/htzni/regionaafi ces.htmi. The permittee shall retain the completed originals on site.- Visual monitoring results should nbt be submitie'd to the Regional Offices or Central Files unless specificall,- requested by DWQ:" r :t W Availability of Reports A. Except fo: r-:a determined to be coni%dential.under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the Individual Permit or subject to notification requirements under 40 CFR Part 122.42 (a). Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the Individual Permit requirements. Part Ili Pave 7 of 8 Permit No. NCS000532 Spills The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VI 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. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. a� 9. Twenty-four.H_ our_ Reporting r j� 3�w `?K-;? 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. the written submission shall also be provided within 5 days of the time the permittee becomes a ware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact"dates and times;`and if the noncompliance has not been corrected, the anticipated time compliance is expected to�;continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 4 N jV 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 11. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 9 NCS000532 PART IV LIN]ITATIONS REOPEN ER This individual permit shall be modified or alternatively; revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b_ Controls any pollutant not limited in the individual permit The individual permit as modified or reissued uri&.-r this Act then applicable. PART V ADMINISTERING AND COMP REQUIREMENTS so,.contain any other requirements in the MONITORING FEE The permittee must pay the administering and compliance;inonitbrine fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely mariner in ace_ ordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the'lridividual•Permit. PART VI DEFINITIONS 1. Act See Clean Water Act. Allowable Non-Stormwater Discharge~ This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and Fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 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: http://cfpub.cpa.gov/npdes/stomiwater/nienuofbmps/index.cfni. 4. 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. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Parts IV, V and V1 Paige l of Permit No. NCS000532 6. Certificate of Coverage . The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1351, et. seq. S. Division or DW The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing�auil ority.-s _ 10. EMC a` The North Carolina Environmental Management Commission.', 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the firsf,30 minutes of discharge. z.ty 12. Hazardous Substance Any substance designated under 40 CFR Part,116 pursuant to Section 311 of the Clean Water Act. 13. Landfilla; 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"impouniiment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. "'�%*.`�"" 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122.26(g) 16. 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 an Individual Permit. 17. Permittee The owner or operator issued a certificate of coverage pursuant to this Individual Permit. Part VI Page 2 of 4 Pages Permit No. NCS000532 18. Point Source Discharee 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. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous stoma event measuring greater than 0.I inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectal; le discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 20. Representative Outfall Status • When it is established that the discharge of stormwater runoff from a single outfall is representative of tlr7' discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative ou"ill status allows the permittee to perform analytical monitoring at a -reduced number of outfalls. 21. Secondary Contaitunent g Spill containment for the contents of the single largest [aiik;within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. dU 22. Section 313 Water Prioritv Chemical <> A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant`to Section 313 of Title 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 II1, Section 313 reporting requirements; and ==. C. Meets at least one of the foilowmg criteria: (1) Is listed in appendix':D of 40 CFR part 122 on Table II (organic priority pollutants). 1 -able III (certain metals,=:cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous -.substances); (2) Is listed as a hazardous substance pursuant to section 31 I(b)(2)(A) of the CWA at 40 CFR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 23. Severe Property Damage Means substantial physical damage to property, damage. to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Sianificant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref 40.CFR 110. 10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302A), Part VI Page 3 of4 Pages Permit No. NCS000532 26. 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. 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. A,z=:< 29. Stormwater Pollution Prevention Plan is `'r 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 th site 30. Total Maximum Daily Load (TIv1DL) w TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. (A list of approve&TMDLs for the state of North Carolina can be found at a:sr- http:l/h) t2o.enr.state.ne.tis/tmdi/,' . 31. Toxic Pollutant Any pollutant listed as toxic underSecton 307(a)(1) of the Clean Water Act. 32. Vehicle Maintenance Activity . „ --- Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations..W�':",_'= 33. 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. 34. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled -or exceeded, on the average, once in 25 years. Part VI Page 4 of 4 Pages