HomeMy WebLinkAboutNCS000533_FINAL PERMIT_20101022STORIVIWATER DIVISION CODING SHEET
PERMIT NO.
NGS Do GJiJ`�
DOC TYPE
-FINAL PERMIT
❑ MONITORING INFO
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ ZOI�
YYYYM M DD
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 22, 2010
Mr. Peter Yurgel
Sitar LLC
333 Neils Eddy Rd.
Riegelwood, NC 28456
Subject: Final NPDES Stormwater Permit
Permit No. NCS000533
Sitar LLC
Columbus County
Dear Mr. Yurgel:
In response to your renewal application for continued coverage under NPDES Stormwater permit NCS000533,
the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of
Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as
subsequently amended).
This final permit includes no major changes from the draft permit sent to you on August 23, 2010. We
received comments by email from Silar's President John L. Shibley on September 24, 2010 and from Sitar's Plant
Manager Peter Yurgel on September 17, 2010. The comments were focused on concerns on responsible of
contamination that is beyond their.control. A meeting was held on October 14, 2010 in Wilmington with Sitar in
order to address these concerns. The final permit is consistent with permits for Hexion Specialty Chemicals, Inc
and Oak -Bark Corporation -
The qualitative monitoring strategy is quarterly. Please note that quarterly analytical monitoring is also required
in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit
noncompliance constitutes a violation of the Clean Water Act. Reference Part 11I, Section A, Item 2 "Duty to
Comply", Item 9 "Penalties for Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for
further information.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to
you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt
of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447,
Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding.
DWQ would like to have an updated site plan for our files. Please send DWQ Central Office and DWQ
Wilmington Regional Office (attn. Linda Willis) a site plan (each) including topographical lines and property
boundaries. ' If Sitar LLC owns or operates any areas, storages facilities or other facilities that are not within
Sitar's property boundary, please label these as well.
Wetlands and Stormwater Branch
1617 Mail Service Center, RaieO, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-6300 4 FAX: 919M7-64941 Customer Service: 1-877-623-6748
tnternet: www.ncwaterquality.org
NorthCarolina
An Foual Onwriunily i Afrmath,e Action Emnlover
Mr. Peter Yurgel
Silar LLC
Permit No. NCS000533
Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be follo%ved in case
of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain
other permits which may be required by the Division of Water Quality or permits required by the Division of
Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be
required.
If you have any questions or comments concerning this permit, contact Brian Lowther at (919)807-6368 or at
brian.lowther Qncdenr.zov.
Sincerely,
for Coieen H. Sullins, Director
cc: Wilmington Regional Office, Water Quality Section
Mike Mitchell, EPA Region IV
DWQ Environmental Science Section, Cindy Moore
Stormwater Permitting Unit
Central Files
Attachments
2
NCS000533
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
SiIar, LLC
is hereby authorized to discharge stormwater from a. facility located at
Silar, LLC
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, II, III, IV, V and VI hereof,
This permit shall become effective November 1, 2010.
This permit and the authorization to discharge shall expire at midnight on October 31, 2015.
Signed this day October 22, 2010.
for Coleen H. Sullins Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Pemiit No. NCS000533
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Pen -nit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A:
Stormwater Pollution Prevention Plan
Section B:
Analytical Monitoring Requirements
Section C:
Qualitative Monitoring Requirements
Section D:
On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
PERMITS
Section A: Compliance and Liability
1-.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
S.
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
i
Permit No. NCS000533
4. Individual Permit Modification, Revocation and Reissuance, or
Tennination
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 Stonnwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
.1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
62
Ankinat.-rj TUo;;eo,;,••li U3�l
7.
Spills
8.
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
it
Permit No. NCS000533
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 f6r a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certification NOI form to the Division; must receive
approval by the Division; must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stormwater pennit; and must reapply for the No Exposure Exclusion once
every five (5) years.
SECTION B: PERMITTED ACTIVITIES
Until this pen -nit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that has been
adequately treated and managed in accordance with the terms and conditions of this individual
permit. All stormwater discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed by this 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 I of 2
SECTION C: LOCATION MAP
Permit No. NCS000533
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NCS000533
Silar LLC
i l
Ladtude; 340 19' 43" N-
Longitude: 780 12' 5" W
County: Columbus
RecEimng Stream: LWngstxi Creel:
Stream Cass: C; Sw
Sub -basin: 03-06-17 (Cape Fear Rives Basin)
Facility Location
MWScale 1.-24,000
Part I Page 2 of 2
Permit No. NCS000533
PART I[ MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance. with Part III, Standard
Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a
minimum, the following items:
1. Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle -map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation routes
and surface waters, the name of the receiving water(s) to which the stormwater
outfall(s) discharges, or if the discharge is 'to a municipal separate storm sewer
system, the name of the municipality and the ultimate receiving waters, and
accurate latitude and longitude of the point(s) of discharge. The general 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 located in a
watershed for ivhich 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 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 stortwater 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 II1, Standard Conditions, Section
Part 11 Page 1 of 11
Permit No. NCS000533
B, Paragraph 5. The permittee shall re -certify annually that the stonnnwater
outfalls have been evaluated for the presence of non-stonnwater 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 stonnwater, 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 penmittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater runoff. A table
or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected to stormwater conveyance systems, the connection shall be controlled
by manually activated valves or other similar devices (which shall be secured
closed with a locking mechanism), 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 stonnwater 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 Page 2 of 11
Permit No. NCS000533
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 stonnwater 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.
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 maintenance activities, and for any of the facility's operations
that have the potential to contaminate stormwater runoff. Facility personnel (or team)
responsible for implementing the training shall be identified, 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 Stormwater Management Plan.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the pen -nit. Within 30 days of such notice, the permittee shall
Part 11 Page 3 of 11
Perniit No. NCS000533
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 Ilt, 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 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.
Part iI Page 4 of I t
Permit No. NCS000533
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 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 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 discharge begins within 10 hours.
Table 1. Analytical Monitoring Requirements
Discharge
-Measurement
Sample
Sample
Characteristics
Units
Fre uenc 1
Tv e2
Location3
Total Suspended Solids (TSS)
ii-, L
quarterly
Grab
SDO
Biochemical Oxygen Demand (BODS)
mg/L
quarterly
Grab.
SDO
Chemical Oxygen Demand (COD)
mg/L,
quarterly,
Grab
SDO
Ammonia as Nitro en (NH3-N)
mvZL
quarterly
Grab
SDO
Total K'eldahl.Nitrogen (TKN)
mg/L
quarterly
Grab
SDO
Nitrate + Nitrite Nitro en
m L.
quarterly
Grab
SDO
Total Phosphorus
mg/L
quarterly
Grab
SDO
Methanol
mg/L
quarterly
Grab
SDO
Total Residual Chlorine (TRC)4
mg/L
quarterly
Grab
SDO
Hexamine
mg/L
quarterly
Grab
SDO
Formaldehyde
m 'L
u arteria
q .Y
r� . _ i_
Gtau
C1 7%l1
Oui.j
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) --
mg/L
quarterly
Grab
SDO
Non -polar O&GITPH
pH
Grab
SDO, 005
standard
quarterly
Effluent,
Downstream,
Upstream
Part II Page 5 of 1
Permit No. NCS000533
Dissolved Oxygen
Grab
005 Effluent,
mg/L
quarterly
Downstream,
Upstream
Acute Toxicity'
_
Annually
Grab
SDO
Total Rainfall$
inches
quarterly
Rain Gauge
-
Footnotes:
1 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 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 The pH at each SDO shall not be less than 6.0 standard units nor greater than 9.0 standard units for fresh water
classifications. The in stream samples are from swamp waters and may have a pH values as low as 4.3 if it is the
result of natural conditions.
6 Water Quality Standard for Dissolved oxygen: not less than 6.0 mg/1 for trout waters; for non -trout waters, not
less than a daily average of 5.0 mg/1 with a minimum instantaneous value of not less than 4.0 mg/I; swamp waters,
lake coves or backwaters, and lake bottom waters may have lower values if caused by natural conditions.
7 Acute toxicity shall be performed in accordance with Appendix A: Special Conditions at the end of this permit.
8 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.
The pennittee shall complete the minimum'20 anal ytical'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 period I,2
Start
End
All Years — Quarter 1
January 1
March 31
All Years — Quarter 2
April 1
June 30
All Years — Quarter 3
July l
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 sainple with valid results within the
monitoring period. The permittee shall compare monitoring results to the benchmark values in
Part It Page 6 of 11
Permit No. NCS000533
Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for
the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences 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.
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristics
Units
Benchmark
Total Suspended Solids (TSS)
mg/L
100
Biochemical Oxygen Demand (BODO
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
Nitrate + 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
mg/L
0.007
Zinc, Total Recoverable
mg/L
0.067
Manganese, Total Recoverable
mg/L
NIA
Lead, 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
See Appendix
A: Special
Conditions
Part II Page 7 of I I
Permit No. NCS000533
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any
parameter at any outfall;
Then: The permittec shall:
l . Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify 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 the benchmark range.
4. Implement 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 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
fic discharge outfall;
Then: The permittee shall:
I . 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
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Maintain a record of the Tier Two response in the Stonnwater 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 not Iimited to:
• 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 11 Page 8 of
Permit No. NCS000533
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 pennittee
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 of 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.
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall
document the suspected cause of the condition and any actions taken in response to the
discovery. This documentation will be maintained with the SPPP.
Table 4, Qualitative Monitoring Requirements
Discharge Characteristics
Frequencyl
Monitoring
Location2
Color
quarterly
SDO
Odor
quarterly
SDO
Clarity
uarterly
SDO
Floating Solids
uarterly
SDO
Suspended Solids
quarterly
SDO
Foam
quarterly
SDO
Oil Sheen
quarterly
SDO
Erosion or deposition at the outfall
quarterly
SDO
Other obvious indicators
of stonnwater 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
deadline, the permittee will be considered for renewed coverage. The applicant must continue quarterly
Part II Page 9 of I 1
Permit No. NCS000533
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 stonnwater 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 uenc Xt
Sample
Tv e2
Sample
Location3
H
standard
quarterl
Grab
SDO
Total Petroleum Hydrocarbons
[EPA Method 1664 (SGT-HEW)
mg/I
quarterly
Grab
SDO
Total Suspended Solids
MO I
uarterl
Grab
SDO
Total Rainfalls
inches
quarterly
Rain gauge -
New Motor Oil Usage
gallons/month
quarterly
Estimate
-
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
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 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.
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). Exceedences of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), as provided in Part II Section B.
Part II Page 10 of I I
Penilit No. NCS000533
Table 6.
Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge Characteristics
Units
Benchmark
pH
standard
6-9
Total Petroleum Hydrocarbons (TPH)
(EPA Method 1664 (SGT-HEM)]
mg/L
15
Total Suspended Solids (TSS)
mg/L
100
Part II Page I I of I I
Permit No. NCS000533
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIMNCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the
initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11,
Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of
the initial permit issuance.
New Facilities applying for coverage for the first time 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 11, Section A, Paragraph
2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the
industrial activity.
2. Duty to Comply
The permittee must comply with all conditions of this individual permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
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 I year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to.$50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum
amount not to exceed $125,000. [Ref. Section 309 of the Federal Act 33 USC 1319 and 40 CFR
122.41(a).]
Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit. [Ref. 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 I1 violations are not to exceed
Part III Page 1 of 8
Permit No. NCS000533
$10,000 per day for each day during which the violation continues, with the maximum amount of
any Class 11 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.
4. Civil and Criminal Liability
Except as provided in Part 1I1, 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 maybe
temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Riuhts
The issuance of this individual permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
7. Severability
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
8. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
permit issued pursuant to this individual permit or to determine compliance with this individual permit. The
permittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit.
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this individual permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more
than two years per violation, or by both. If a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of
violation, or by imprisonment of not more than 4 years, or both.
Part III Page 2 of 8
Permit No. NCS000533
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 $10,000 per violation, or by imprisonment for not more than two years
per violation, or by both.
SECTION B: GENERAL CONDITIONS
1. Individual Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be
subjected to enforcement procedures as provided in NCGS $143-2153.6 and 33 USC 1251 et. seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is
required to notify the Division in writing in the event the permitted facility is sold or closed.
3. Signatory Requirements
All applications, reports, or information submitted to the 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-
,• , ,
peesidetii, ui ti,s duly auuiurized representative, 11 such representative is responsibie 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 III Page 3 of 8
Permit No_ NCS000533
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
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 143-2 15.1 et al.
5. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause_ The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this individual permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation
is necessary to achieve compliance with the conditions of this individual permit.
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this individual permit.
Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
Part III Page 4 of 8
Permit No. NCS000533
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
C. The permittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.,
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the
requirements of this individual permit, the permittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity-,
b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity;
C. The date(s) analyses were performed,
d. The individuat(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
3. Flow Measurements
Where required, appropriate (low 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 USG 1314, of the. Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136,
Part III Page 5 of 8
Permit Ne. NCS000533
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 identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stormw-ater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this individual permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time.
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to;
a. Enter upon the petmittee's premises where a regulated facility or activity is -located or conducted,
or where records must be kept under the conditions of this individual permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of
this individual permit;
C. inspect at reasonable times any facilities, equipment (inciuding 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 by March 1 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
Pennit No. NCS000533
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 forms 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:
htt ://-.v,i%•.-.,.enr.state.ne.us/html/reaionaloffices.htmi. The permittee shall retain the completed originals
on site. Visual monitoring results should not be submitted to the Regional Offices or Central Files unless
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 making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.6E or in Section 309 of the Federal Act,
4. Non-Stormwater Discharues
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 per-mittee 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 III Page 7 of 8
Permit No. NCS000533
7. 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.
8. 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.
4. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shall be provided orally within 24 hours from
the time the permittee became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue: and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been received
within 24 hours.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitonng 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 8
NCS000533
PART IV LIMITATIONS REOPENER
This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and
307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit; or
Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by
the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this
Division to initiate action to revoke the Individual Permit.
PART VI DEFINITIONS
Act
See Clean Water Act.
Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater convevance 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.epa.gov/npdes/stormwater/menuofbmps/index.cfm.
4. B}Pass
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.
Appendix A: Page 1 of 4
Permit No. NCS000533
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 pern-iit 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 Resources.
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or
qualitatively) must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or
a surface storage facility.
14. Municipal Sel2arate 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, snoNvmelt, 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.
Appendix A: Page 2 of 4 Pages
Permit No. NCS000533
18. Point Source DischaEge 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
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. 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 is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
21. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm event.
22. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
C. 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 t 16.4, or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.'
23. Severe Pronertv Daniar'e
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. Sienificant 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 storm,.vater 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).
Appendix A: Page 3 of 4 Pages
Permit No. NCS000533
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 'low ofwater which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
2& Stormwater Associated with Industrial Activi
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.
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 Dailv Load TMDL
TN1DLs 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
hitp://h2o.enr.state.ne.us/tmdL/)
31. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Chan Water Act.
32. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
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.
Appendix A: Page 4 of 4 Pages
NCS000533
APPENDIX A: ACUTE TOXICITY TESTING FOR STORMWATER OUTFALLS
L ANNUAL TESTING (PASS/FAIL ACUTE TOXICITY TESTIN
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" (Cerio(faphnia 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 sit
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
TGA313. 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
Additionally, DWQ Form AT-2 for Acute Pass/Fail Tests (original) is to be sent to the following
address:
Attention: NC DENR / DNN'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 infonnation located at both the top of the aquatic toxicity (AT)
Appendix A: Page 1 of 4
Pennit No. NCS000533
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 acute toxicity monitoring as
outlined above, at the next available representative storm event.
H. ACTIONS FOR FAILURE OF PASS/FAIL TESTIVG:
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 permittee shall contact the
Division SPU Central Office and the Regional Office Supervisor in itTitin�.
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 Office'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 Office
does not exempt the permittee from additional monitoring, the permittee shall
immediately institute monthly acute toxicity monitoring with a 43-hour multiple dilution
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).
III. ACTIONS IFM_O_NTHLYMONITORINGISINSTITUTED_(MULTIPLE-DILUTION
TESTING):
If nronthlr acute toxicity monitoring is instituter) per Section IT nhnvpti the. permittee chall norfarm
the tests per the following conditions:
I ) An LC50 greater than 100% 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 stonnwater
discharge. Multiple dilution tests will be run at 100°/,, 50'%4, 251vo, 12.5'%,, 6.251% and 0'Yo
stormwater unless other test concentrations are determined appropriate by the Stormwater
Permitting Unit (SPU) Central Office.
2) Multiple Dilution Test Results shall be submitted on forni AT-] for Acute Multiple Dilution
Tests. The parameter code is TAA313. The permittee shall:
a. Submit form AT-1 (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 Pages
Permit No. NCS000533
3) The permittee shall perform monthly acute toxicity monitoring until one of the following
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 FOLLOWING OCCURS:
i. A TOTAL OF FIVE MULTIPLE -DILUTION TESTS FAIL
-OR-
ii. THREE CONSECUTIVE MULTIPLE -DILUTION TESTS FAIL.
If either of the above occurs, f rrther 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 OFAIULTIPLE DILUTION TESTS (TRE, TRI or OTHER
AfEASURES):
If the permittee fails either A TOTAL OF FIVE multiple -dilution tests or THE THIRD
CONSECUTIVE multiple -dilution test as described in Section II13) 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 Central 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
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 Pages
Pennit No. NCS000533
• Require that the permittee perform up -stream and downstream biological assessment
in the receiving water.
K 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
SPU 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-
opened 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 Pages