HomeMy WebLinkAboutNCS000562_Permit (Issuance)_20130325-__"- STORMWATER-DIVISfON-CODING-SHEET - - T
PERMIT NO.
N C.S000S�- -
DOC TYPE
kFINAL PERMIT
❑ MONITORING INFO
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ a i���6_�s'_
YYYYM M D D
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
March 25, 2013
Mr. Timothy R. Basilone
Vice President — Environmental Affairs
Horsehead Corporation
4955 Steubenville Pike, Suite 405
Pittsburgh, Pennsylvania 15205
Dear Mr. Basilone:
John E. Skvarla, III
Secretary
Subject: Final NPDES Stormwater Permit
Permit No. NCS000562
Horsehead Corporation
Rutherford County
In response to your application for coverage under the NPDES stormwater permitting program, 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 changes from the draft permit sent to you on January 30, 2013.
Please note that analytical monitoring is required in this permit. Failure to complete the monitoring
as required is a violation of the permit and any permit noncompliance constitutes a violation of the
Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for
Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further
information.
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. The 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, our permitting decision shall be final and binding.
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604
Phone: 919-807-6300 t FAX 9IM07-6492
intemet: www.ncwaterguality.org
None
ithCarolina
naturally
An Equal Opporfunily 1 Affirmative Acton Employer
Mr. Basilone
March 25, 2013
Page 2 of 2
Please take notice this permit is not transferable except by the specific action of the Division. Part
III, B.2. addresses the requirements to be followed in case of change in ownership or control of this
discharge. This permit does not affect the legal requirements to obtain other permits which may be
required by the Division or permits required by the 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 Ken Pickle at (919) 807-
6376 or at ken.pickle@ncdenr.gov.
Sincerely,
ORIGINAL SIGNED B1
KEN PICKLE
for Charles Wakild, P.E., Director
cc: DWQ Asheville Regional Office, Surface Water Protection
Mike Mitchell, EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303
DWQ Stormwater Permitting Unit permit files
DWQ Central Files
Attachments
NCS000562
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
or.741. Eli►: 0 -1 ....1 _ u ►: 1► u_
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,
Horsehead Corporation
is hereby authorized to discharge industrial stormwater from a facility located at
Horsehead Metal Products, Inc.
484 Hicks Grove Road
Mooresboro, North Carolina
Rutherford County
to receiving waters designated as the Broad River, a class C water in the Broad River Basin,
in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts 1, 11, 111, and IV hereof.
This permit becomes effective April 1, 2013.
This permit and the authorization to discharge expire at midnight on March 31, 2018.
Signed this day March 25, 2013.
ORIGINAL SIGNED 81
KEN PICKLE
for Charles Wakild, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000S62
TABLE OF CONTENTS
PART I
INTRODUCTION
Section A:
Individual Permit Coverage
Section B:
Permitted Activities
Section C:
Location Map
PART II
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A:
Stormwater Pollution Prevention Plan
Section B:
Analytical Monitoring Requirements
Section C:
Qualitative Monitoring Requirements
PART III
Section A
Section B:
STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
S. Oil and Hazardous Substance Liabi
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
11. Onshore or Offshore Construction
12. Duty to Reapply
General Conditions
1. Permit Expiration
2. Transfers
3. Signatory Requirements
I
Permit No. NCSOOOS62
4. Permit Modification, Revocation and Reissuance, or Termination
S. Permit Actions
6. Annual Administering and Compliance Monitoring Fee
Requirements
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
S.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
S.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
it
Permit No. NCS000562
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, monitored, and reported as specified in this
permit.
If industrial materials and activities are not exposed to precipitation or runoff as described
in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES
stormwater discharge permit requirements. Any owner or operator wishing to obtain a No
Exposure Exclusion must submit a No Exposure Certification Notice of Intent (N01) form to
the Division; must receive approval by the Division; must maintain no exposure conditions
unless authorized to discharge under a valid NPDES stormwater permit; and must recertify
the No Exposure Exclusion annually.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the perk, ttee is authorized to discharge
stormwater to the surface waters of North Carolina that has een ad quately treated and
managed in accordance with the terms and conditions of this rm' . All stormwater
discharges shall be in accordance with the conditions of this per t.
Any other point source discharge to surface waters of the sta is pr ibited unless it is an
allowable non-stormwater discharge or is covered by anoth r permit, thorization, or
approval. The stormwater discharges allowed by this permit shall not cause or contribute
to violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree. k
Part I Page 1 of 2
SECTION C: LOCATION MAP
Permit No. NCS000562
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NCS000562
Horsehead Corporation
Rutherford County Facility
N
Latitude: 350 11' 36' N
w
F
Longitude:81° 50' 59" W
County: RuffuNford County
Receiving Stream: Broad River
Stream Class: C
Map Scale 1:24,000
Sub -basin: 03-08-02 Broad River Basin
��: �� rJrt1Y4 t/►`Mii:
Facility Location
Part I Page 2 of 2
Permit No. NCS000562
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Storrnwater Pollution Prevention Plan
(SPPP). The SPPP shall be maintained on site. The SPPP is public information in
accordance with Part III, Standard Conditions, Section E, paragraph 3 of this permit. The
SPPP shall include, at a minimum, the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility
and the potential pollutant sources that have the potential to contribute to
contamination of stormwater discharges. The Site Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent
map) showing the facility's location in relation to transportation routes and surface
waters; the name of the receiving waters to which the stormwater outfalls
discharge; and accurate latitude and longitude of the points of stormwater discharge
associated with industrial activity. The general location map (or alternatively the
site map) shall identify whet er any receiving waters are impaired (on the state's
303(d) list of impaired water or if the site is located in a watershed for which a
TMDL has been established, d what the parameters of concern are.
(b) A narrative description of storag pr tices, loading and unloading activities,
outdoor process areas, dust or parti ate generating or control processes, and
waste disposal practices. A narrati description of the potential pollutants that
could be expected to be present in he s mwater discharge from each outfall, and a
discussion of failure modes that ay impact e risk for polluted stormwater
discharges.
(c) A site map drawn at a scale sufficient -to -clearly dep ct: the site property boundary;
the stormwater discharge outfalls; all on -site a jacent surface waters and,
wetlands; industrial activity areas (including storage of materials, disposal areas,
process areas, loading and unloading areas, and haul roads); site topography and
.finished grade; all drainage features and structures; drainage area boundaries and
total contributing area for each outfall; direction of flow in each drainage area;
industrial activities occurring in each drainage area; buildings; stormwater Best
Management Practices (BMPs); and impervious surfaces. The site map must
indicate the percentage of each drainage area that is impervious, and the site map
must include a graphic scale indication and north arrow.
(d) A list of significant spills or leaks of pollutants during the previous three (3) years
and any corrective actions taken to mitigate spill impacts.
Part II Page 1 d 11
Permit No. NCS000562
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The permittee shall re -certify annually that the
stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. The certification statement will be signed in accordance with the
requirements found in Part III, Standard Conditions, Section B, Paragraph 3.
2. Stormwater Management Strategy. The, Stormwater Management Strategy shall
contain a narrative description of the materials management practices employed which
control or minimize the stormwater exposure of significant materials, including
structural and nonstructural measures. The Stormwater Management Strategy, at a
minimum, shall incorporate the following:
(a) Feasibility Study. An annual review by site management of the technical and
economic feasibility of changing the methods of operations and/or storage practices
to eliminate or reduce exposure of materials and processes to rainfall and run-on
flows. Wherever practical, the permittee shall prevent exposure of storage areas,
material handling operations, manufacturing, and fueling operations. In areas
where elimination of exposure and/or prevention of run-on contact are not
practical, the Feasibility Study shall document,the basis for the management
decision that such controls are not feasible.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials including petroleum products storage
in any amount of Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) water priority chemicals: and storage in any amount of
hazardous substancesin order to prevent 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. Prior to release into the
stormwaters conveyance system, any stormwater that accumulates in containment
areas shall be at a minimum visually observed for color, foam, outfall staining,
visible sheens, and dry weather flow. Accumulated stormwater may be released if
found to be uncontaminated by any material. Records documenting the individual
making the observation or analyses, the visual and analytical description of the
accumulated stormwaters, and the dates and times of the releases shall be kept for a
period of five (5) years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and on data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
Part 11 Page 2 of 11
Permit No. NCS000562
selected site BMPs. The BMP Summary shall be reviewed by site management and
updated annually.
3. Spill Prevention and Response Procedures, The Spill Prevention and Response
Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based
On a materials inventory of the facility. The SPRP shall address spill response and
failure mode preparations and responses. Site management shall identify facility
personnel responsible for implementing the SPRP in a Written list incorporated into the
SPRP along with dated signatures by each individual acknowledging his or her
responsibilities under the SPRP. A responsible person shall be on -site at all times
during facility operations that have the potential to contaminate stormwater runoff
through spills or exposure of,materials associated with the facility operations. The
SPRP must be site stormwater specific. Therefore, 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 Pr gram. A preventative
maintenance and good housekeeping program shall be veloped and implemented.
The program shall address all stor water control systems, stormwater discharge
outfalls, all on -site and adjacent su ace waters and wetlands, industrial activity areas
(including material storage areas, material handlin areas, disposal areas, process
areas, loading and unloading areas, \ d haul road , all drainage features and
structures, and structural BMPs. The rogram s all establish schedules of inspections,
maintenance, and housekeeping activ ties of s rmwater control systems, as well as
facility equipment, facility areas, and f cility' yytems that present a potential for
stormwater exposure or stormwater p llution where not already addressed under
another element of the SPPP. Inspectio of material handling areas and regular
cleaning schedules of these areas shall a incorporated into the program. Timely
compliance with the established schedu es for inspections, maintenance, and
housekeeping shall be recorded and mai tained in the SPPP.
5. Facility Inspections. Inspections of the fa iliLt
nd all stormwater conveyance and
control systems shall occur as part of the Pr ative Maintenance and Good
Housekeeping Program at a minimum on a)durin
nual schedule, once during the first
half of the year (January to June),/and oncee second half (July to December),
withat least 60 days separating inspectionnless performed more frequently
than semi-annually). These f ility inspecdifferent from, and in addition to,
the stormwater discharge cha acteristicmat the outUl required in Part 11
Sections B and C of this permit.
6. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill
response and cleanup, preventative maintenance activities, and for any of the facility's
operations that have the potential to contaminate stormwater runoff. The facility
Part II Page 3 of 11
Permit No. NCS000562
:personnel responsible for implementing the training shall be identified, and their
annual training shall be documented by the signature of each employee trained.
7. Responsible Party. Site management shall identify, and the SPPP shall document, a
specific position or positions responsible for the overall coordination, development,
implementation, and revision of the SPPP. Responsibilities for all components of the
SPPP shall be documented and position assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP
whenever there is a change in design, construction, operation, site drainage,
maintenance, or configuration of the physical features which may have a significant
impact on the potential for the discharge of pollutants to surface waters. All aspects of
the SPPP shall be reviewed and updated on an annual basis. The annual update
shall include all the aspects required immediately above in items 1-7; and a review and
comparison of monitoring analytical data to benchmark values over the pastyear,
including a discussion about Tiered Response status. The permittee shall use the
Division's Annual Summary Data Monitoring Report form, available from the
Stormwater Permitting Unit's website here:
http:././12ortal.ncdenr.org/web/wqlws/sulnpdess
The Director may notify the permittee when the SPPP does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee
shall submit a time schedule to the Director for modifying the SPPP to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes
have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution
Prevention Plan and all appropriate BMPs to prevent contaminants from entering
surface waters via stormwater, Among other actions identified herein, implementation
of the SPPP shall include the 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. Such documentation shall be kept on -site for a period of five (5)
years and made available to the Director or the Director's authorized representative
immediately upon request.
Part II Page 4 of 11
Permit No. NCS000562
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
`� Analytical monitoring of stormwater discharges shall be performed as specified in Table 1.
All analytical monitoring shall be performed during a measureable storm event at each
stormwater discharge outfall (SDO), Only SDOs discharging stormwater associated with
Q industrial activity must be sampled (See Definitions).
A measurable storm event is a storm event that results in an actual discharge from the
permitted site outfall. The previous measurable storm event must have been at least 72
hours prior. See Definitions. _
Table 1 Analvtical Monitoring Requirements
Discharge
Characteristics
Units
Measurement
Fre uenc 1
Sample
Type2
Sample
Location3
Total Suspended Solids
m L
quarterly
Grab
SDO
Total Nitrogen
m L
quarterly
Grab
SDO
Total Phosphorus
m L
quarterly'
Grab
SDO
Zinc, Total Recoverable lk
m L
quaryirly
Grab
SDO
Lead, Total Recoverable
m L
q rterly
Grab
SDO
Cadmium, Total Recoverable
m L
Xuarterly
Grab
SDO
Chlorides
m L
quarterly
Grab
SDO
Non -polar Oil & Grease/TPH
EPA Method 1664 SGT-HEM
m L
g/
quarterly
Grab
SDO
H
sta dard
quarterly
Grab
SDO
Total Rainfall¢
quarterly
Rain Gau e
-
Footnotes:
1 Measurement Frequency: Four times per year du 'ng a measureable storm event. The permittee may
petition DWQ to reduce the analytical monitoringfir uency to twice peryear after eight consecutive quarterly
monitoring results all within benchmark Val lees.
Subse ently, two consecutive benchmark exceedances for any
parameter re -institute quarterly monitorin for all Para eters.
2 Grab samples shall be collected within t first 30 minute of discharge.
3 Sample Location: Samples shall be coll ted at each storm ter discharge outfall (SDO):
4 For each sampled measureable storm vent, the total precipi tion must be recorded. An on -site rain gauge
reading must be recorded.
The permittee shall complete th analytical samplings in ccordance with the schedule
specified below in Table 2, unless adverse weather conditi ns prevent sample collection
(see Adverse Weather in Definitions). A minimum of 30 ' s must separate successive
sample events. Inability to sample because of adverse weather conditions must be
documented in the SPPP and recorded on the DMR. The permittee must report the results
from each sample taken within the monitoring period (see Part III, Section E).
Part II Page 5 of 11
Permit No. NCS000562
Table 2 Monitoring Schedule
Monitoring period1,2
Sample Number
Start
End
Year 1 - Period 1
1
April 1, 2013
June 30, 2013
Year 1- Period 2
2
July 1, 2013
September 30, 2013
Year 1- Period 3
3
October 1, 2013
December 31, 2013
Year 1- Period 4
4
January 1, 2014
March 31, 2014
Year 2 - Period 1
5
April 1, 2014
June 30, 2014
Year 2 - Period 2
6
July 1, 2014
September 30, 2014
Year 2 - Period 3
7
October 1, 2014
December 31, 2014
Year 2 - Period 4
8
January 1, 2015
March 31, 2015
Year 3 - Period 1
9
April 1, 2015
June 30, 2015
Year 3 - Period 2
10
July 1, 2015
September 30, 2015
Year 3 - Period 3
11
October 1, 2015
December 31, 2015
Year 3 - Period 4
12
January 1, 2016
March 31, 2016
Year 4 -- Period 1
13
April 1, 2016
June 30, 2016
Year 4 - Period 2
14
July 1, 2016
September 30, 2016
Year 4 - Period 3
15
October 1, 2016
December 31, 2016
Year 4 - Period 4
16
January 1, 2017
March 31, 2017
Year 5 - Period 1
17
April 1, 2017
June 30, 2017
Year 5 - Period 2
18
July 1, 2017
September 31, 2017
Year 5 - Period 3
19
October 1, 2017
December 31, 2017
Year 5 - Period 4
20
January 1, 2018
March 31, 2018
Footnotes:
1 Maintain quarterly monitoring until either another permit is issued for this facility or until this permit
is revoked or rescinded. The permittee must submit an application for renewal of coverage before the
submittal deadline (180 days before expiration) to be considered for renewed coverage under the
permit The permittee must continue analytical monitoring throughout the permit renewal process,
even if a renewal permit is not issued until after expiration of this permit
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" within 30 days of the end of the sampling period. For the first term of this
permit, the new facility start-up date is uncertain. Permittee need not sample for the listed
monitoring periods until the facility comes into operation. Accordingly, the "No Flow" monitoring
report is not required during the time before the facility comes into operation.
Failure to monitor quarterly per the permit terms may result in the Division requiring
monthly monitoring for all parameters for a specified time period. "No discharge" from
an outfall, or inability to collect a sample because of adverse weather conditions during a
monitoring period does not constitute failure to monitor, as long as it is properly reported.
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 management
guidelines for the permittee's responsive implementation of the Stormwater Pollution
Prevention Plan (SPPP).
PartII Page 6 of 11
Permit No. NCS000562
Table 3 Benchmark Values for Analytical Monitoring
Discharge Characteristics
Units
-Benchmark'
Total Suspended Solids
m L
100
Total Nitrogen
mg/L
30
Total Phosphorus
mg/L
2
Zinc, Total Recoverable
mg/L
0.067
Lead, Total Recoverable
mg/L
0.03
Cadmium, Total Recoverable
mg/L
0.001
Chlorides
mg/L
860
Non -polar Oil & Gr ase/TPH
[EPA Method 1664 ( GT-HEM)]
mg/L
15
pH
standar
6-9
Footnote
1. Analytical results mu not be reported via any f the notations, "BDL. ND, BRL, <MDL, <PQL,
non -detect" or any simil non -quantitative nota on. Instead, analytical results below method or
reporting limits must be r orted on the DMR ' the format, "<XX", where XX is the specific numerical
value descriptive of the met odor reporting limit
During the first term of this permit,
industrial activity and continuing for
sample quarterly as provided in Tabl
(minimum eight data points). Within
a summary report that uses the colle
benchmark, and response action sc4e
awareness and responsiveness to
term of this permit, benchmark e,
actions which are shown below fo
The summary report shall
to the benchmarks identif
status that would have bei
nd fo the period beginning with the on -site initiation of
years nominal duration thereafter, Horsehead shall
e 'shall tabulate and interpret the collected data
months of start-up Horsehead shall present DWQ with
edddata to support any proposed alternative monitoring,
me fo� the purpose of maintaining site management
�-ntial pollutant discharges from the site. For the first
dances Will not activate DWQ's standard Tiered Response
r reference
i cifically consider and4i
in this permit, and shall
triggered by the data col
terpret the collected data with respect
identify the Tiered Response action
While DWQ is considering Horsehead's summary report a d,etermining what revisions to the
permit, if any, may be reasonable and protective, and coot' ng on for the remainder of the
permit term until any such changes in the permit requiremen may be established by DWQ,
Horsehead shall be subject to the full provisions of sampling, c parison to the benchmarks,
and reporting contained in Part II Section B. All other provisions of the permit remain in effect
from the effective date of the permit until exlyiration.
Part II Page 7 of 11
Permit No. NCS000562
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to quickly evaluate the effectiveness of the
permittee's implementation of the SPPP, and to assess new sources of stormwater pollution,
and to prompt the permittee's response to observed pollution. Qualitative monitoring of
stormwater outfalls must be performed during a measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status. Qualitative monitoring shall be performed quarterly as
specified in Table 4, and concurrent with the required analytical monitoring events.
Inability to monitor because of adverse weather conditions must be documented in the
SPPP and recorded on the DMR (see Adverse Weather in Definitions). Only SDOs discharging
stormwater associated with industrial activity must be monitored.
Table 4 Qualitative Monitoring Requirements
Discharge Characteristics
Frequencyl
Monitoring
Location2
Color
quarterly
SDO
Odor
quarterly
SDO
Clarity
quarterly
SDO
Floating Solids
quarterly
SDO
Suspended Solids
quarterly
SDO
Foam
quarterly
SDO
Oil Sheen
quarterly
SDO
Erosion or deposition at the outfall
quarterly
I SDO
Other obvious indicators
of stormwater pollution
quarterly
SDO
Footnotes:
1 Measurement Frequency: Four times per year during a measureable storm event. See Table 2 for
schedule of monitoring periods through the end of this permitting cycle. The permittee must continue
qualitative monitoring throughout the permit renewal process until a new permit is issued. Qualitative
monitoring must be continued quarterly, and is not eligible for the semi-annual monitoring frequency under
step-down provisions that apply to analytical monitoring.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status.
A minimum of 30 days must separate monitoring dates, unless additional sampling has
been instituted as part of other analytical monitoring requirements in this permit.
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are
ineffective, or that significant stormwater contamination is present, the permittee shall
investigate potential causes, evaluate the feasibility of corrective actions, and implement
Part I1 Page 10 of 11
Permit No. NCS000562
those corrective actions within 60 days of the qualitative monitoring event. A written
record of the permittee's investigation, evaluation, and response actions shall be kept in
the SPPP.
ualitative Monitoring Response
Qualitative monitoring is for the purposes of evaluating the effectiveness of the permittee's
implementation of the SPPP, and assessing new sources of stormwater pollution, and prompting the
permittee's response to pollution. If the permittee repeatedly fails to respond effectively to
correct problems indicated by qualitative monitoring, or if the discharge causes or contributes to a
water quality standard violation, DWQ may, but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency and
parameters (analytical or qualitative) for a specified time period;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
Part II Page 11 of 11
Permit No. NCS000562
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the initial permit and updated thereafter on an annual basis. Secondary containment,
as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12
months of the effective date of the initial permit issuance.
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan
shall be developed and implemented prior to the beginning of discharges from the operation of the
industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified
in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of
discharges from the operation of the industrial activity.
Existing facilities previously permitted and applying for renewal: All requirements, conditions,
limitations, and controls contained in this permit (except revised SPPP elements in a permit renewal)
shall become effective immediately upon issuance of this permit, New elements of the Stormwater
Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6
months of the effective date of this permit and updated thereafter on an annual basis. Secondary
containment, as specified in Part III, Paragraph 2(b) of this permit shall be accomplished prior to the
beginning of discharges from the operation of the industrial activity.
2. Duty tg Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes
a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal
application [40 CFR 122.41].
a. The permittee shall comply with standards or prohibitions established under section 307(a) of
the CWA for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of
the Act, or any permit condition or limitation implementing any such sections in a permit issued
under section 402, or any requirement imposed in a pretreatment program approved under
sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per
day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308,
318, or 405 of the Act, or any condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, or any requirement imposed in a pretreatment
program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or
both. In the case of a second or subsequent conviction for a negligent violation, a person shall be
Part III Page 1 of 9
Permit No. NCS000562
subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of
not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both. In the case of a second or subsequent conviction for a knowing violation, a person
shall be subject to criminal penalties of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, and who knows at that time that he thereby places another person in
imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of
not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a
second or subsequent conviction for a knowing endangerment violation, a person shall be subject
to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An
organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of
violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can
be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against
any person who violates or fails to act in accordance with the terms, conditions, or requirements
of a permit. [North Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section
301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act
Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the
maximum amount of any Class 1 penalty assessed not to exceed $37,500. Penalties for Class II
violations are not to exceed $16,000 per day for each day during which the violation continues,
with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)]
3. Day to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
permit which has a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
4. Civil and Criminal Liability
Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control
facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the
Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such
as fish kills, even though the responsibility for effective compliance may be temporarily suspended.
S. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Prop-cW Rights
The issuance of this permit does not convey any property rights in either real or personal property, or
any exclusive privileges, nor does it authorize any injury to private property or any invasion of
Part Ili Page 2 of 9
Permit No. NCS000562
personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR
122.41(g)].
The provisions of this permit are severable, and if any provision of this permit, or the application of
any provision of this permit to any circumstances, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23].
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information
which the Permit Issuing Authority may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine
compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon
request, copies of records required to be kept by this permit [40 CFR 122.41(h)].
Penalties for TamperinE
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not
more than two years per violation, or by both. If a conviction of a person is for a violation committed
after a first conviction of such person under this paragraph, punishment is a fine of not more than
$20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41].
10. penaltiCs for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or
by imprisonment for not more than two years per violation, or by both [40 CFR 122.41).
11. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
12. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
SECTION B: GENERAL CONDITIONS
Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as
are required by the agency authorized to issue permits no later than 180 days prior to the
expiration date, unless permission for a later date has been granted by the Director. (The Director
shall not grant permission for applications to be submitted later than the expiration date of the
existing permit.) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days
prior to expiration, or any permittee that does not have a permit after the expiration and has not
requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures
as provided in NCGS §143-215.36 and 33 USC 1251 et. seq.
Part 111, Page 3 of 9
Permit No. NCSOQ0562
2. Transfers
This permit is not transferable to any person without prior written notice to and approval from the
Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with
NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation
and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate
such other requirements as may be necessary under the CWA [40 CFR 122.41(l)(3), 122.61] or state
statute. The Permittee is required to notify the Division in writing in the event the permitted
facility is sold or closed.
3. Signatory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed
and certified [40 CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president of
the corporation in charge of a principal business function, or any other person who performs
similar policy or decision making functions for the corporation, or (b) the manager of one or
more manufacturing, production, or operating facilities, provided, the manager is authorized
to make management decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment recommendations,
and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager can
ensure that the necessary systems are established or actions taken to gather complete and
accurate information for permit application requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with corporate
procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively;
or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit issuing
Authority shall be signed by a person described in paragraph a. above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters for the company.
(A duly authorized representative may thus be either a named individual or any individual
occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements of paragraph (b) of this section must
be submitted to the Director prior to or together with any reports, information, or applications to
be signed by an authorized representative [40 CFR 122,22]
Part III Page 4 of 9
Permit No. NCS000562
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make
the following certification [40 CFR 122.22], NO OTHER STATEMENTS OF CERTIFICATION WILL
BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properlygather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible forgathering the information,
the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. l
am aware that there are significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations."
4. Permit Modification. Revocation and Reissuance. or Termination
The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the
laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123;
Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et at.
Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance does not stay any permit condition 140 CFR
122.41(o].
6. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H .010S(b)(2) may cause this Division to initiate action to revoke the permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Q12eration and n
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision requires
the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of this permit [40
CFR 122.41(e)].
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to
halt or reduce the permitted activity in order to maintain compliance with the condition of this permit
[40 CFR 122.41(c)].
3. Uy,passine of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass
unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
Part III Page 5 of 9
Permit No. NCS000562,
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 Siamplin
Samples collected and measurements taken, as required herein, shall be characteristic of the volume
and nature of the permitted discharge. Analytical sampling shall be performed during a measureable
storm event Samples shall be taken on a day and time that is characteristic of the discharge. All
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. Monitoring points as specified in this permit shall not be changed without
notification to and approval of the Permit Issuing Authority [40 CFR 122.410)].
Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee
shall record the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Flow MeasUrements
Where required, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge
requirements, then the most sensitive (method with the lowest possible detection and reporting
level) approved method must be used.
S. j;g=sentative 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.
Partill Page 6 of 9
Permit No. NCS000562
6, Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be
maintained on -site. The permittee shall retain records of all monitoring information, including
o all calibration and maintenance records,
o all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this permit,
o copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 5 years from the date of the
sample, measurement, report or application. This period may be extended by request of the Director
at any time [40 CFR 122,411.
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to:
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location [40
CFR 122.41(i)].
SECTION E: REPORTING REQUIREMENTS
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director. DMR forms are available on the
Division's website (httpillportal.ncdenr.org/web/wqlws/sU/ni2dessw). Submittals shall be
delivered to the Division no later than 30-days from the date the facility receives the sampling
results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required
to submit a discharge monitoring report, within 30 days of the end of the specified sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T15A 0213 .0506.
If the permittee monitors any pollutant more,frequently than required by this permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or
other appropriate instrument governing the discharge, the results of such monitoring shall be
included in the data submitted on the DMR.
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific
requirement to do so. Qualitative Monitoring Report forms are available at the website above.
Part III Page 7 of 9
Permit No. NCS000562
SubmittiKig 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
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. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
4.&12-Stormwater Discharges
If the storm event monitored in accordance with this permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under all other
applicable discharge permits and provide this information with the stormwater discharge monitoring
report.
Planned_ Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged [40
CFR 122.41(I)], This notification requirement includes pollutants which are not specifically listed in
the permit or subject to notification requirements under 40 CFR Part 122.42 (a).
Anticipated NoUCompliance
The permittee shall give advance notice to the Director of any planned changes at the permitted
facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)].
Sam
The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as
defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil spill
of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil
spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25
gallons that cannot be cleaned up within 24 hours.
8. Bypass
Notice [40 CFR 122.41(m)(3)1:
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of
an unanticipated bypass.
9. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the circumstances.
A written submission shall also be provided within 5 days of the time the permittee becomes
aware of the circumstances.
Part III Page 8 of 9
Permit No. NC5000562
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR
122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section
if the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at
the time monitoring reports are submitted [40 CFR 122.41(1)(7)].
11. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application,
or submitted incorrect information in a permit application or in any report to the Director, it shall
promptly submit such facts or information [40 CFR 122.41(1)(8)].
Part III Page 9 of 9
L
NCS000562,
PART IV DEFINITIONS
Aa
See Clean Water Act
Adymc—Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical.
When adverse weather conditions prevent the collection of samples during the sample period, the
permittee must take a substitute sample or perform a visual assessment during the next qualifying
storm event Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with your SPPP records. Adverse weather does not exempt the permittee
from having to file a monitoring report in accordance with the sampling schedule. Adverse events and
failures to monitor must also be explained and reported on the relevant DMR.
Allowable Non -St water 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 lire -fighting training, or emergency shower or eye wash
as a result of use in the event of an emergency.
4. Be"anagement-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:
htto:!lcf.pub.p at eovinpde5/stormwaterimenuofbmi2s./ind?x.cfm.
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system, which is not a designed or established operating mode for the facility.
6. Bulk -Storage of LiQuid Products
Liquid raw materials, 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.
Certificate of Coygrage
The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under the permit and is signed by the Director.
8. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
Division or DWD
The Division of Water Quality, Department of Environment and Natural Resources.
Part IV Page 1 of 4
Permit No. NCS000562
10. Director
The Director of the Division of Water Quality, the permit issuing authority.
11. EML
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or
qualitatively) must be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term
storage facility or a surface storage facility.
15. Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm
events during the sampling period, and obtains approval from the local DWQ Regional Office. Two
copies of this information and a written request letter shall be sent to the local DWQ Regional Office.
After authorization by the DWQ Regional Office, a written approval letter must be kept on site in the
permittee's SPPP.
16. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
17. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff. Industrial materials or activities include, but are not limited to, material handling equipment
or activities, industrial machinery, raw materials, intermediate products, by-products, final products,
or waste products. 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).
18. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's
notice of intent to seek coverage under a General Permit
19. Permit Issuing Authority
The Director of the Division of Water Quality (see "Director" above).
20. Permittee
The owner or operator issued this permit
Part IV Page 2 of 4 Pages
Permit No. NCSOQ0562.
21. PQint„Source Discharge of Stnrmwatar
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.
22. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status
allows the permittee to perform analytical monitoring at a reduced number of outfalls.
23. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to allow for the 25-year, 24-hour storm event.
24. Section 313 Water Priority Chemical
A chemical or chemical category which:
b. 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;
c. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
d. Meets at least one of the following criteria:
L Is listed in appendix D of 40 CFR part 122 on Table If (organic priority pollutants), Table III
(certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous
substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
25. Severe Property Damage
Substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
26. SignifiCant
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or
production; hazardous substances designated under section 101(14) of CERCLA; any chemical the
facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges.
27. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section
102 of CERCLA (Ref: 40 CFR 302.4).
28, Stormwater Discharge Outf ( DO)
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.
Part IV Page 3 of 4 Pages
Permit No. NCSOOOS62
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt
30. Stormwater Associated with industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40
CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from
the NPDES program.
31, Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution potential of the site.
32. Total Maximum Daily Load (TMDLI
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 gip: jjoortal.ncdenr.orgjweb jwa Ills/mtu jtmdl.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act
34. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations,
or airport deicing operations.
35. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
36.
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once
in 25 years.
Part IV Page 4 of 4 Pages
0
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG030000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
for establishments primarily engaged in the following activities:
Metal Fabrication
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, this permit is hereby issued to all owners or operators,
hereinafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage
by the Environmental Management Commission to allow the discharge of stormwater to the surface
waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters in
accordance with the terms and conditions set forth herein.
Coverage under this General Permit is applicable to:
♦ All owners or operators of stormwater point source discharges associated with activities classified as
establishments primarily engaged in activities classified as establishments primarily engaged in:
■ Rolling, Drawing, and Extruding of Nonferrous Metals, standard industrial classification (SIC 33S)
■ Heat Treating of Metal (SIC 3398)
■ Fabricating of Metal Products (SIC 34)
■ Manufacturing of Industrial and Commercial Machinery (SIC 35)
■ Manufacturing of Electronic Equipment (SIC 36)
■ Manufacturing of Transportation Equipment (SIC 37)
■ Manufacturing of Measuring and Analyzing Instruments (SIC 38))
♦ Stormwater point source discharges from like industrial activities deemed by DWQ to be similar to these
operations in the process, or the discharges, or the exposure of raw materials, intermediate products,
by-products, products, or waste products.
Except upon DWQ determination of similarity as provided immediately above, the following
activities and associated discharges are excluded from coverage under this General Permit:
Establishments primarily engaged in the ship and boat building and repairing (SIC 373), which is covered
by general stormwater permit NCG190000.
The General Permit shall become effective on November 1, 2012.
The General Permit shall expire at midnight on October 31, 2017.
Signed this day October 25, 2012.
Ordinal s�cjned by Matt Matthews
for Charles Wakild, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
0
TABLE OF CONTENTS
Permit No. NCG030000
PART I INTRODUCTION
Section A: General Permit Coverage
Section B: Permitted Activities
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: On -Site Vehicle and Equipment Maintenance Monitoring Requirements
Section D: Qualitative Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
Section A: Compliance and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
S.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
11.
Onshore or Offshore Construction
12.
Duty to Reapply
Section B: General
Conditions
1.
General Permit Expiration
2.
Transfers
3.
When an Individual Permit May be Required
4.
When an Individual Permit May be Requested
S.
Signatory Requirements
6.
General Permit Modification, Revocation and Reissuance, or
Termination
Permit No. NCGO30000
7. Certificate of Coverage Actions
8. Annual Administering and Compliance Monitoring Fee Requirements
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
I.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
S.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
S.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
im
•
Permit No. NCG030000
PART I — INTRODUCTION
SECTION A: GENERAL PERMIT COVERAGE
All persons desiring to have facilities covered by this General Permit must register with the Division
of Water Quality (DWQ) by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be
submitted and a certificate of coverage issued prior to any point source discharge of stormwater
associated with industrial activity to the surface waters of the state.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H
.0100, stating the reasons supporting the request. Any application for an individual permit should
be made at least 180 days prior to commencement of discharge.
This General Permit does not cover activities or discharges covered by an individual NPDES permit
until the individual permit has expired or has been revoked. Any person conducting an activity
covered by an individual permit but which could be covered by this General Permit may request
that the individual permit be revoked and coverage under this General Permit be provided.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion
must submit a No Exposure Certification Notice of Intent (NOI) form to the Division; must receive
approval by the Division; must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually.
Any facility may apply for new or continued coverage under this permit until a Total Maximum
Daily Load (TMDL) for pollutants for stormwater is established. A TMDL sets a pollutant -loading
limit that affects a watershed, or portion of a watershed, draining to a specific impaired water. For
discharges to watersheds affected by a TMDL, coverage under this permit may depend on the
facility demonstrating it does not have reasonable potential to violate applicable water
quality standards for those pollutants as a result of discharges. If DWQ determines that
discharges have reasonable potential to cause water quality standard violations, the facility shall
apply for an individual permit 180 days prior to the expiration date of this General Permit. Once
that individual permit is effective, the facility will no longer have coverage under this General
Permit. Note that the permittee must identify impaired waters (scheduled for TMDL development)
and waters already subject to a TMDL in the Site Overview, as outlined in the Stormwater Pollution
Prevention Plan, Part 11, Section A.
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.
Part I Page 1 of 2
Permit No. NCG030000
SECTION B: PERMITTED ACTIVITIES
Until coverage under this permit expires or is modified or revoked, the permittee is authorized to
discharge stormwater to the surface waters of North Carolina, or to a separate storm sewer system,
which has been adequately treated and managed in accordance with the terms and conditions of
this General Permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The discharges allowed by this General Permit shall not cause or contribute to violations of
Water Quality Standards.
Discharges authorized by this permit and site operations must meet applicable wetland standards,
as recorded in 1SA NCAC 213.0230 and .0231, and water quality certification requirements as
outlined in 15A NCAC 2H .OSOO.
This permit does not relieve the permittee's responsibility for compliance with any other applicable
federal, state, or local law, rule, standard, ordinance, order, or decree.
Part i Page 2 of 2
Permit No. NCG03000'0
PART II — MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The
SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP
is public information in accordance with Part III, Standard Conditions, Section E, paragraph 3 of this
permit. The SPPP shall include, at a minimum, the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility and the
potential pollutant sources that may be expected to contribute to contamination of stormwater
discharges. The Site Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent map),
showing the facility's location in relation to transportation routes and surface waters; the
name of the receiving waters to which the stormwater outfalls discharge, or if the discharge
is to a municipal separate storm sewer system, the name of the municipality and the
ultimate receiving waters; and accurate latitude and longitude of the points of stormwater
discharge associated with industrial activity. The general location map (or alternatively the
site map) shall identify whether any receiving waters are impaired (on the state's 303(d)
list of impaired waters) or if the site is located in a watershed for which a TMDL has been
established, and what the parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities, outdoor
process areas, dust or particulate generating or control processes, and waste disposal
practices. A narrative description of the potential pollutants that could be expected to be
present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the
stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands;
industrial activity areas (including storage of materials, disposal areas, process areas,
loading and unloading areas, and haul roads); site topography and finished grade; all
drainage features and structures; drainage area boundaries and total contributing area for
each outfall; direction of flow in each drainage area; industrial activities occurring in each
drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious
surfaces. The site map must indicate the percentage of each drainage area that is
impervious, and the site map must include a graphic scale indication and north arrow.
(d) A list of significant spills or leaks of pollutants during the previous three (3) years and
any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges. The
certification statement will be signed in accordance with the requirements found in Part 1I1,
Standard Conditions, Section B, Paragraph 3.
Part 11 Page 1 of 10
•
0
Permit No. NCG030000
Stormwater Management Strategy. The Stormwater Management Strategy shall contain a
narrative description of the materials management practices employed which control or
minimize the stormwater exposure of significant materials, including structural and
nonstructural measures. The Stormwater Management Strategy, at a minimum, shall
incorporate the following:
(a) Feasibility Study. An annual review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure of
materials and processes to rainfall and run-on flows. Wherever practical, the permittee
shall prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is not
practical, this review shall document the feasibility of diverting the stormwater run-on
away from areas of potential contamination.
(b) Secondary Containment Requirements and.Records. Secondary containment is
required for: bulk storage of liquid materials including petroleum products: storage in any
amount of Section 313 of Title III of the Suoerfund Amendments and Reauthorization Act
(SARA) water priority chemicals: and storage in any amount of hazardous substancesin
order to prevent leaks and spills from contaminating stormwater runoff. A table or
summary of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected to
stormwater conveyance systems, the connection shall be controlled by manually activated
valves or other similar devices which shall be secured closed with a locking mechanism.
Any stormwater that accumulates in the containment area shall be at a minimum visually
observed for color, foam, outfall staining, visible sheens, and dry weather flow, prior to
release of the accumulated stormwater. Accumulated stormwater shall be released if found
to be uncontaminated by any material. Records documenting the individual making the
observation, the description of the accumulated stormwater, and the date and time of the
release shall be kept for a period of five (5) years.
(c) BMP Summary. A listing of site structural and non-structural Best Management Practices
(BMPs) shall be provided. The installation and implementation of BMPs shall be based on
the assessment of the potential for sources to contribute significant quantities of pollutants
to stormwater discharges and on data collected through monitoring of stormwater
discharges. The BMP Summary shall include a written record of the specific rationale for
installation and implementation of the selected site BMPs. The BMP Summary shall be
reviewed and updated annually.
Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures
(SPRP) shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel responsible for implementing the SPRP shall be
identified in a written list incorporated into the SPRP and signed and dated by each individual
acknowledging their responsibilities for the plan. A responsible person shall be on site at all
times during facility operations that have 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.
Part 11 Page 2 of 10
Permit No. NCG030000
4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance
and good housekeeping program shall be developed and implemented. The program shall
address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site
and adjacent surface waters and wetlands, industrial activity areas [including material storage
areas, material handling areas, disposal areas, process areas, loading and unloading areas, and
haul roads), all drainage features and structures, and existing structural BMPs. The program
shall establish schedules of inspections, maintenance, and housekeeping activities of
stormwater control systems, as well as facility equipment, facility areas, and facility systems
that present a potential for stormwater exposure or stormwater pollution where not already
addressed under another element of the SPPP. Inspection of material handling areas and
regular cleaning schedules of these areas shall be incorporated into the program. Timely
compliance with the established schedules for inspections, maintenance, and housekeeping
shall be recorded and maintained in the SPPP.
S. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part
of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-
annual schedule, once during the first half of the year (January to June), and once during the
second half (July to December), with at least 60 days separating inspection dates (unless
performed more frequently than semi-annually). These facility inspections are different from,
and in addition to, the stormwater discharge characteristic monitoring at the outfalls required
in Part 11 B, C, and D of this permit.
Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response and
cleanup, preventative maintenance activities, and for any of the facility's operations that have
the potential to contaminate stormwater runoff. The facility personnel responsible for
implementing the training shall be identified, and their annual training shall be documented by
the signature of each employee trained.
7. Responsible Party. The SPPP shall identify a specific person(s) or positions) responsible for
the overall coordination, development, implementation, and revision of the SPPP.
Responsibilities for all components of the SPPP shall be documented and position assignments
provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there
is a change in design, construction, operation, site drainage, maintenance, or configuration of
the physical features which may have a significant effect on the potential for the discharge of
pollutants to surface waters. All aspects of the SPPP shall he reviewed and updated on an
annual basis. The annual update shall include:
(a) an updated list of significant spills or leaks of pollutants for the previous three (3)
years, or the notation that no spills have occurred (element of the Site Overview);
(b) a written re -certification that the stormwater outfalls have been evaluated for the
presence of non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs
(BMP Summary element of the Stormwater Management Strategy).
(d) a statement that annual training requirements were met in the year past;
(e) a review and comparison of sample analytical data to benchmark values (if
applicable) over the past year, including a discussion about Tiered Response status.
The permittee shall use the Division's Annual Summary Data Monitoring Report
(DMR) form, available from the Stormwater Permitting Unit's website (See
'Monitoring Forms' here: http_//portal.ncdenr.org/web/wq/ws/su/npdessw).
Part II Page 3 of 10
Permit No. NCG030000
The Director may notify the permittee when the SPPP does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit
a time schedule to the Director for modifying the SPPP to meet minimum requirements. The
permittee shall provide certification in writing (in accordance with Part III, Standard
Conditions, Section B, Paragraph 3) to the Director that the changes have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention
Plan and all appropriate BMPs to prevent contaminants from entering surface waters via
stormwater. Implementation of the SPPP shall include documentation of all monitoring,
measurements, inspections, maintenance activities, and training provided to employees,
including the log of the sampling data and of actions taken to implement BMPs associated with
the industrial activities, including vehicle maintenance activities. Such documentation shall be
kept on -site for a period of five (S) years and made available to the Director or the Director's
authorized representative immediately upon request.
10. Solvent Management Plan. Facilities that implement a Solvent Management Plan may so
certify, and the requirement for Total Toxic Organics (TTO) monitoring in Part I1, Section B.
may be waived. The Solvent Management Plan shall include:
(a) an annually updated and quantified inventory of the total toxic organic compounds
present on site during the previous three years;
(b) a narrative description of the in -plant locations and uses of the toxic organic
compounds, the method of disposal including quantities disposed on- and off -site;
(c) the management procedures and engineering measures for assuring that toxic
organics do not spill or leak into stormwater.
DWQ may at its discretion require submittal, review, and approval of the Solvent Management
Plan as a condition of continuing the TTO sampling waiver. For those facilities electing to
employ the TTO sampling waiver, the permittee shall include the following signed certification
statement on each discharge monitoring report: "Based upon my inquiry of the person or persons
directly responsible for managing compliance with the permit monitoring requirementfor total
toxic or (TTO), I certify that to the best of my knowledge and belief, no leak, spill, or
dumping of concentrated toxic organics into the stormwater or onto areas which are exposed to
rainfall or stormwater runoff has occurred since filing the last discharge monitoring report. I
further certify that this facility is implementing all the provisions of the Solvent Management Plan
included in the Stormwater Pollution Prevention Plan."
Part 11 Page 4 of 10
•
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Permit No. NCG0300M
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
analytical monitoring shall be performed during a measureable storm event at trash stormwater
discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must
be sampled (See Definitions).
A measurable storm event is a storm event that results in an actual discharge from the
permitted site outfall. The previous measurable storm event must have been at least 72 hours
prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter
interval is representative for local storm events during the sampling period, and the permittee
obtains approval from the local DWQ Regional Office. See Definitions.
Table 1 Analytical Monitoring Requirements
Discharge
Characteristics
Units
Measurement
Frequencyl
Sample
TypeZ
Sample
Location3
H
standard
semi-annual
Grab
SDO
-Total Suspended Solids
m L
semi-annual
Grab
SDO
Non -Polar Oil & Grease / TPH
EPA Method 166¢ SGT-HEM
mg/L
semi-annual
Grab
SDO
Copper, Total Recoverable
m L
semi-annual
Grab
SDO
Lead, Total Recoverable
m L
semi-annual
Grab
SDO
Zinc, Total Recoverable
m L
semi-annual
Grab
SDO
Total Toxic Organics (TTO)4
m L
semi-annual
Grab
SDO
Total Rainfa115
inches
semi-annual
I Rain Gauge
I
Footnotes:
1 Measurement Frequency: Twice per year during a measureable 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 (ROS) has been granted. A copy of the letter granting ROS shall be kept on site.
4 Total Toxic Organics sampling is applicable only for those facilities which perform metal finishing operations,
manufacture semiconductors, manufacture electronic crystals, or manufacture cathode ray tubes. For purposes of this
permit the definition of Total Toxic Organics is that definition contained in the EPA Effluent Guidelines for the
facility subject to the requirement to sample (for metal finishing use the definition as found in 40 CFR 433.1 1; for
semiconductor manufacture use the definition as found in 40 CFR 469.12; for electronic crystal manufacture use the
definition as found in 40 CFR 469.22; and for cathode ray tube manufacture use the definition found in
40 CFR 469.31.)
5 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge
or local rain gauge reading must be recorded. Where isolated sites are unmanned for extended periods of
time, a local rain gauge reading may be substituted for an on -site reading.
The permittee shall complete the analytical samplings in accordance with the schedule specified
below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse
Weather in Definitions). A minimum of 60 days must separate Period 1 and Period 2 sample
dates, unless monthly monitoring has been instituted as part of other requirements of this permit.
Inability to sample because of adverse weather conditions must be documented in the SPPP and
recorded on the DMR. The permittee must report the results from each sample taken within the
monitoring period (see Part III, Section E).
Part 11 Page 5 of 10
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Table 2 Monitoring Schedule
Permit No. NCG030000
Monitoring periodl,z
Sample Number
Start
End
Year 1 - Period 1
1
January 1, 2013
June 30, 2013
Year 1 - Period 2
2
July 1, 2013
December 31, 2013
Year 2 - Period 1
3
January 1, 2014
June 30, 2014
Year 2 - Period 2
4
July 1, 2014
December 31, 2014
Year 3 - Period 1
5
January 1, 2015
June 30, 2015
Year 3 - Period 2
6
July 1, 2015
December 31, 2015
Year 4 - Period 1
7
January 1, 2016
June 30, 2016
Year 4 - Period 2
8
July 1, 2016
December 31, 2016
Year 5 - Period 1
9
January 1, 2017
June 30, 2017
Year 5 - Period 2
10
July 1, 2017
October 31, 2017
Footnotes:
1 Maintain semi-annual analytical monitoring throughout the permit renewal process (unless other
provisions of this permit prompt monthly sampling).
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period.
Failure to monitor semi-annually per permit terms may result in the Division requiring monthly
monitoring for all parameters for a specified time period. "No discharge" from an outfail or
inability to collect a sample because of adverse weather conditions during a monitoring period, for
example does not constitute failure to monitor, as long as it is properly reported.
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 implementation of the
permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require
the permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions
of Tier One, Tier Two, and Tier Three response actions. In the event that DWQ releases the permittee
from continued monthly monitoring under Tier Three, DWQ's release letter remains in effect through
the subsequent reissuance of this permit, unless the release letter provides for other conditions or
duration.
Table 3' Benchmark Values for Analytical Monitoring
Discharge Characteristics
Benchmark Values
pH1
6 - 9 standard unitsl
Total Suspended Solids (TSS]
100 mg/L
TSS CORW, HWQ, Trout & PNA waters
50 mg/L
Non -Polar Oil & Grease TPH by EPA Method 1664 SGT-HEM
15 mg/L
Copper, Total Recoverable
0.007 mg/L
Lead Total Recoverable
0.030 mg/L
Zinc, Total Recoverable
0.067 mg/L
Total Toxic Organics (TTO)
1 mg/L
Footnotes:
1 If pH values outside this range are recorded in sampled stormwater discharges, but ambient precipitation
pH levels are lower, then the lower threshold of this benchmark range is the pH of the precipitation
instead of 6 S. U. Readings from an on -site or local rain gauge must be documented to demonstrate
background concentrations were below the benchmark pH range.
Part 11 Page 6 of 10
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Tier One
Permit No, NCG03000r0
I If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any
parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling
results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations
within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark
exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the
date the selected actions were implemented.
Tier Two
If: During the term of this permit, the first valid sampling results from two 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. Conduct monthly monitoring at every
outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly
(analytical and qualitative) monitoring shall continue until three consecutive sample results are below
the benchmark values or within benchmark range.
3. Submit a monthly monitoring report indicating "No Flow" if no discharge occurs during the sampling
period.
4. Benchmark exceedances for a different parameter separately trigger a tiered response.
S. Maintain a record of the Tier Two response and monitoring results in the SPPP.
Tier Three
During the term of this permit, if the first 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 monitoring frequency for some or all
parameters;
• rescind coverage under the General Permit, and require that the permittee apply for an individual
stormwater discharge permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize impacts on
receiving waters; or
• require the permittee implement site modifications to qualify for the No Exposure Exclusion.
Part 11 Page 7 of 10
Permit No. NCG030000
SECTION C: ON -SITE VEHICLE AND EQUIPMENT MAINTENANCE MONITORING
REQUIREMENTS
Facilities that have any vehicle maintenance activity occurring on -site which uses more than 55
gallons of new motor oil and/or hydraulic oil per month when averaged over the calendar
year shall perform analytical monitoring as specified below in Table 4. All analytical monitoring
shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs)
that discharge stormwater runoff from vehicle and equipment maintenance areas, and in accordance
with the schedule presented in Table 2 (Section B). Sampling is not required outside of the
facility's normal operating hours.
Table 4 Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Frequencyl
Sample
Typez
Sample
Location3
H
standard
semi-annual
Grab
SDO
Non -Polar Oil & Grease / TPH
EPA Method 1664 SGT-HEM
mg/L
semi-annual
Grab
SDO
Total Suspended Solids
m L
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual
Rain gauge
-
New Motor Oil Usage
gallons/month
1 semi-annual
Estimate
-
Footnotes:
1 Measurement Frequency: Twice per year during a measureable storm event, until either another permit
is issued for this facility or until this permit is revoked or rescinded. See Table 2 for schedule of
monitoring periods through the end of this permitting cycle.
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) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
4 For each sampled measureable storm event the total precipitation must be recorded. An on -site or local
rain gauge reading must be recorded. Where isolated sites are unmanned for extended periods of time, a
local rain gauge reading may be substituted for an on -site reading.
Failure to monitor semi-annually per permit terms may result in the Division requiring monthly
monitoring for all parameters for a specified time period, as provided in Part II Section B.
Monitoring results shall be compared to the benchmark values in Table 5. The benchmark values
in Table 5 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 permiee to
increase monitoring, increase management actions, increase record keeping, and/or install
stormwater Best Management Practices (BMPs), as provided in Part 11 Section B.
Table 5 Benchmark Values for On -Site Vehicle and Equipment Maintenance Activities
Discharge Characteristics
Benchmark Values
H
6 - 9 standard units
Non -Polar Oil & Grease / TPH
EPA Method 1664 SGT-HEM
15 mg/L
Total suspended solids (TSS)
100 m L
TSS ORW, HQW, Trout, and PNA waters
50 m L
Part It Page 8 of 10
Permit No, NCGO30000
SECTION D: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the permittee's
implementation of the SPPP and to assess new sources of stormwater pollution. Qualitative
monitoring of stormwater outfalls must be performed during a measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status. Qualitative monitoring shall be performed semi-annually as specified
in Table 6 and concurrent with the required analytical monitoring events (unless the permittee is
required to perform further qualitative sampling per the Qualitative Monitoring Response,
below). Inability to sample because of adverse weather conditions must be documented in the SPPP.
Only SDOs discharging stormwater associated with Industrial activity must be monitored (See
Definitions).
Table 6 Qualitative Monitoring Requirements
Discharge Characteristics
Freyuencyl
Monitoring
Location2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators of stormwater pollution
semi-annual
SDO
Footnotes:
1 Measurement Frequency: Twice per year during a measureable storm event. See Table 2 for schedule
of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative
monitoring throughout the permit renewal process.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status.
A minimum of 60 days must separate monitoring dates, unless additional sampling has been
instituted as part of other analytical monitoring requirements in this permit.
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 shall be maintained with the SPPP.
Part I1 Page 9 of 10
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Permit No. NCGO30000
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that
significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate
the feasibility of corrective actions, and implement those corrective actions within 60 days, per the
Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation,
and response actions shall be kept in the SPPP.
Mo
Qualitative monitoring is for the purposes of evaluating the effectiveness of the perjittee's
implenetaion of the SPPP, and for assessing new sources of stormwater pollution, and for prompting
the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to
correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a
water quality standard violation, DWQ may but is not limited to:
• require that the permittee revise, increase, or decrease monitoring frequency for some or
all parameters (analytical or qualitative);
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
Part 11 Page 10 of 10
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Permit No. NCG030000
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for Stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the Certificate of Coverage and updated thereafter on an annual basis. Secondary
containment, as specified in Part II, Section A, Paragraph 2(b) of this general permit, shall be
accomplished within 12 months of the effective date of the issuance of the Certificate of Coverage.
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan
shall be developed and implemented prior to the beginning of discharges from the operation of the
industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified
in Part 11, Section A, Paragraph 2(b) of this general permit shall be accomplished prior to the
beginning of discharges from the operation of the industrial activity.
Existing facilities previously permitted and applying for renewal under this General Permit:
All requirements, conditions, limitations, and controls contained in this permit (except new SPPP
elements in this permit renewal) shall become effective immediately upon issuance of the Certificate
of Coverage. New elements of the Stormwater Pollution Prevention Plan for this permit renewal
shall be developed and implemented within 6 months of the effective date of this general permit and
updated thereafter on an annual basis. Secondary containment, as specified in Part 111, Paragraph
2 (b) of this general 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 general permit. Any permit noncompliance
constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal
application [40 CFR 122.41].
a. The permittee shall comply with standards or prohibitions established under section 307(a) of
the CWA for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the general permit has not yet been modified to incorporate
the requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of
the Act, or any permit condition or limitation implementing any such sections in a permit issued
under section 402, or any requirement imposed in a pretreatment program approved under
sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per
day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308,
31B, or 405 of the Act, or any condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, or any requirement imposed in a pretreatment
program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or
both. In the case of a second or subsequent conviction for a negligent violation, a person shall be
Partill Page 1 of 10
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Permit No. NCG030000
subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment
of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3
years, or both. In the case of a second or subsequent conviction for a knowing violation, a person
shall be subject to criminal penalties of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
Any person who knowingly violates section 301, 302, 303, 306, 307, 30B, 318 or 405 of the Act,
or any permit condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, and who knows at that time that he thereby places another person in
imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of
not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a
second or subsequent conviction for a knowing endangerment violation, a person shall be
subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(13)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and
can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
F. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against
any person who violates or fails to act in accordance with the terms, conditions, or requirements
of a permit. [North Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section
301, 302, 306, 307, 308, 31B or 405 of this Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act.
Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the
maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class I1
violations are not to exceed $16,000 per day for each day during which the violation continues,
with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)]
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
general permit which has a reasonable likelihood of adversely affecting human health or the
environment [40 CFR 122.41(d)].
4. Civil and Criminal Liability_
Except as provided in Part 111, Section C of this general permit regarding bypassing of stormwater
control facilities, nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6, or
Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may
be temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this general 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.
Probe Right
The issuance of this general 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
Part III Page 2 of 10
1 J
Permit No. NCG030000
invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40
CFR 122,41(g)].
Severability
The provisions of this general permit are severable, and if any provision of this general permit, or the
application of any provision of this general permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this general permit, shall
not be affected thereby [NCGS 150B-231.
Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating the general permit issued pursuant to this general
permit or to determine compliance with this general permit. The permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required to be kept by this general permit
[40 CFR 122.41(h)].
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this general permit
shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is for
a violation committed after a first conviction of such person under this paragraph, punishment is a
fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or
hoth [40 CFR 122.41].
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this general permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
11. Onshore or Offshore Construction
This general permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
12. Duty to Reapply
Dischargers covered by this general permit need not submit a new Notice of Intent (NO[) or renewal
request unless so directed by the Division. If the Division chooses not to renew this general permit,
the permittee will be notified to submit an application for an individual permit [15A NCAC 02H
.0127(e)].
SECTION B: GENERAL CONDITIONS
General Permit Expiration
General permits will be effective for a term not to exceed five years, at the end of which the Division
may renew them after all public notice requirements have been satisfied. If a general permit is
renewed, existing permittees do not need to submit a renewal request or pay a renewal fee unless
directed by the Division. New applicants seeking coverage under a renewed general permit must
submit a Notice of Intent to be covered and obtain a Certificate of Coverage under the renewed
general permit [15A NCAC 02H .0127(e)].
Part l ll Page 3 of 10
Permit No. NCG030000
2. Transfers
This general permit is not transferable to any person without prior written notice to and approval
from the Director in accordance with 40 CFR 122.61. The Director may condition approval in
accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require
modification or revocation and reissuance of the Certificate of Coverage, or a minor modification, to
identify the new permittee and incorporate such other requirements as may be necessary under the
CWA [40 CFR 122.41(I)(3), 122.61] or state statute. The Permittee is required to notify the
Division in writing in the event the permitted facility is sold or closed.
When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a certificate of
coverage issued pursuant to this general permit to apply for and obtain an individual permit or an
alternative general permit. Any interested person may petition the Director to take action under this
paragraph. Cases where an individual permit may be required include, but are not limited to, the
following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, altering the constituents and/or characteristics of
the discharge such that the discharge no longer qualifies for a general permit;
C. The discharge violates the terms or conditions of this general permit;
d. A change has occurred in the availability of demonstrated technology or practices for the
control or abatement of pollutants applicable to the point source;
e. Effluent limitations are promulgated for the point sources covered by this general permit;
f. A water quality management plan containing requirements applicable to such point sources
is approved after the issuance of this general permit;
g. The Director determines at his or her own discretion that an individual permit is required.
4. When an Individual Permit May Requested
Any permittee operating under this general permit may request to be excluded from the coverage of
this general permit by applying for an individual permit When an individual permit is issued to an
owner/operator the applicability of this general permit is automatically terminated on the effective
date of the individual permit
S. 5ienatory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed
and certified [40 CFR 122.41(k)].
a. All Notices of Intent to be covered under this general permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing, production, or operating facilities, provided, the manager is
authorized to make management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure
long term environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions taken to gather complete
and accurate information for permit application requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with corporate
procedures.
PartI II Page 4 of 10
Permit No. NCG030000
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official [40 CFR 122.22].
b. All reports required by the general permit and other information requested by the Permit
Issuing Authority shall be signed by a person described in paragraph a. above or by a duly
authorized representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters for the company.
(A duly authorized representative may thus be either a named individual or any individual
occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements of paragraph (b) of this section must
be submitted to the Director prior to or together with any reports, information, or applications to
be signed by an authorized representative [40 CFR 122.221
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make
the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL
BE ACCEPTED:
'7 certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properlygather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible forgathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties forsubmitting false information,
including the possibility of fines and imprisonment for knowing violations."
General Permit M di Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Permit Issuing Authority from reopening
and modifying the general permit, revoking and reissuing the general permit, or terminating the
general 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.
After public notice and opportunity for a hearing, the general permit may be terminated for cause.
The filing of a request for a general permit modification, revocation and reissuance, or termination
does not stay any general permit condition. The Certificate of Coverage shall expire when the
general permit is terminated.
Certificate of Coverage Actions
The general permit may be modified, revoked and reissued, or terminated for cause. The notification
of planned changes or anticipated noncompliance does not stay any general permit condition [40
CFR 122.41(f)].
PartI11 Page 5 of 10
C�
E
Permit No. NCG030000
8. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H .0105(b)(2) may cause this Division to initiate action to revoke coverage under the general
permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision requires
the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of this permit [40
CFR 122.41(e)].
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
general permit [40 CFR 122.41(c)].
3. Bypassing of 5tor1nwatgr Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass
unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
c. The permittee submitted notices as required under, Part III, Section E of this general 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
Representatives rnpling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume
and nature of the permitted discharge. Analytical sampling shall be performed during a measureable
storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. Monitoring points as specified in this general permit shall not be changed
without notification to and approval of the Permit Issuing Authority [40 CFR 122.410)].
Recording Results
For each measurement or sample taken pursuant to the requirements of this general permit, the
permittee shall record the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
PartIll Page 6 of 10
Permit No. NCG030000
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.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this general permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported down to
the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below general permit
discharge requirements, then the most sensitive (method with the lowest possible detection and
reporting level) approved method must be used.
S. 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.
Records R,gtentjQn
Qualitative monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan (SPPP). Copies of analytical monitoring results shall also be
maintained on -site. The permittee shall retain records of all monitoring information, including
o all calibration and maintenance records,
o all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this general permit,
o copies of all data used to complete the Notice of Intent to be covered by this general permit.
These records or copies shall be maintained for a period of at least 5 years from the date of the
sample, measurement, report or Notice of Intent application. This period may be extended by
request of the Director at any time [40 CFR 122.411. If this volume of records cannot be maintained
on -site, the documents must be made available to an inspector upon request as immediately as
possible.
Inspection and En
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to:
PartIII Page 7 of 10
Permit No. NCG030000
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this general permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this general permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this general permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location [40
CFR 122.41(i)].
SECTION E: REPORTING REQUIREMENTS
Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this general permit shall be submitted to the
Division on Discharge Monitoring Report (DMR) forms provided by the Director. DMR forms are
available on the Division's website (http-././por-tal.ncdenr.org/web/wq/ws/su/npdessw). Submittals
shall be delivered to the Division no later than 30 days from the date the facility receives the
sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required
to submit a discharge monitoring report, within 30 days of the end of the specified sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
If the permittee monitors any pollutant more frequently than required by this general permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this general
permit or other appropriate instrument governing the discharge, the results of such monitoring shall
be included in the data submitted on the DMR.
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific
requirement to do so. Qualitative Monitoring Report forms are available at the website above.
Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal
Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this general permit coincides with a non-
stormwater discharge, the permittee shall separately monitor all parameters as required under all
Part III Page 8 of 10
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Permit No. NCG030000
other applicable discharge permits and provide this information with the stormwater discharge
monitoring report.
S. Planned Chanees
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged [40
CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in
the general permit or subject to notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes at the permitted
facility which may result in noncompliance with the general permit (40 CFR 122.41(1)(2)].
7. Spills
The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as
defined in Part IV of this general permit. Additionally, the permittee shall report spills including: any
oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters,
any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less
than 25 gallons that cannot be cleaned up within 24 hours.
8. Bypass
Notice [40 CFR 122.41(m)(3)]:
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of
an unanticipated bypass.
9. Twenty-four Hour ReDortin
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the circumstances.
A written submission shall also be provided within 5 days of the time the permittee becomes
aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR
122.41(1) (6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section
if the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
10, Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at
the time monitoring reports are submitted [40 CFR 122.41(1)(7)].
Part III Page 9 of 10
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Permit No. NCG030000
ll. 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 general permit, or submitted incorrect information in that Notice of Intent
application or in any report to the Director, it shall promptly submit such facts or information [40
CFR 122.41(1)(8)].
Part ❑I Page 10 of 10
PART IV DEFINITIONS
1. Act
See Clean Water Act.
Permit No. NCG030000
2. Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical.
When adverse weather conditions prevent the collection of samples during the sample period, the
permittee must take a substitute sample or perform a visual assessment during the next qualifying
storm event. Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with your SPPP records. Adverse weather does not exempt the permittee
from having to file a monitoring report in accordance with the sampling schedule. Adverse events
and failures to monitor must also be explained and reported on the relevant DMR.
3. Allowable Non-Stormwater Discharges
This general 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, irrigation waters, flows from riparian habitats and
wetlands.
c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye
wash as a result of use in the event of an emergency.
4. Best Management Practices (BMP4
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://cf 2ub.epa.gov/nudes f stormwater/menuofbmpsf index.cfm.
S. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system, which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above
ground storage container having a capacity of greater than 660 gallons or with multiple above
ground storage containers located in close proximity to each other having a total combined storage
capacity of greater than 1,320 gallons.
7. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under the general permit and is signed by the Director.
B. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
9. Division or D_WO
The Division of Water Quality, Department of Environment and Natural Resources.
Part IV Page 1 of 4
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Permit No. NCG030000
10. Directo
The Director of the Division of Water Quality, the permit issuing authority.
11. EMC
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively
or qualitatively) must be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term
storage facility or a surface storage facility.
15. Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not
apply if the permittee is able. to document that a shorter interval is representative for local storm
events during the sampling period, and obtains approval from the local DWQ Regional Office. Two
copies of this information and a written request letter shall be sent to the local DWQ Regional Office.
After authorization by the DWQ Regional Office, a written approval letter must be kept on site in the
permittee's SPPP.
16. Municipal Separate Storm Sewer System M 4
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
17. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff. Industrial materials or activities include, but are not limited to, material handling equipment
or activities, industrial machinery, raw materials, intermediate products, by-products, final products,
or waste products. 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).
18. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's
notice of intent to seek coverage under a general permit.
19. Permit Issuing Authority
The Director of the Division of Water Quality (see "Director" above).
20. Permittee
The owner or operator issued a Certificate of Coverage pursuant to this general permit.
21. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
Part IV Page 2 of 4
6 0
Permit No. NCG03000c .
22. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
23. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to allow for the 25-year, 24-hour storm event.
24. Section 313 Water Priority Chemical
A chemical or chemical category which:
b. 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;
c. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
d. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4, or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
2S. Severe Property Damage
Substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
26. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or
production; hazardous substances designated under section 101(14) of CERCLA; any chemical the
facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges.
27. Significant Spills
includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section
102 of CERCLA (Ref: 40 CFR 302.4).
28. Stormwater Discharge Outf l (SDQ)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including
but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection
areas, from which stormwater Flows directly or indirectly into waters of the State of North Carolina.
29, Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
Part IV Page 3 of 4
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Permit No. NCG030000
30. 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.
31. Stormwater Pollution Prevention Plan (SPPP)
A comprehensive site -specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution potential of the site.
32. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be
found at http: j jportal.ncdenr.org/web /w!g/so /mtu jtmdl.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations,
or airport deicing operations.
35. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water,
air, gravity, or ice from its site of origin which can be seen with the unaided eye.
36. 25-year. 24 hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once
in 25 years.
Part IV Page 4 of 4
G 0
CDEN
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 28, 2013
Mr. Timothy Basilone
VP, Environmental Affairs
Horsehead Metal Products, Inc.
4955 Steubenville Pike
Suite 405
Pittsburgh, PA 15205
Subject: Air Permit No. 10248R01
Division of Air Quality
Sheila C. Holman
Director
Horsehead Metal Products, Inc. - Forest City Plant
Mooresboro, Rutherford County, North Carolina
Permit Class: Synthetic Minor
Facility ID# 9100224
Dear Mr. Basilone:
John E. Skvarla, III
Secretary
In accordance with your completed application received July 30, 2013, we are forwarding
herewith Permit No. 10248R01 to Horschead Corporation - Forest City Plant, Mooresboro,
Rutherford County, North Carolina for the construction and operation of air emissions sources or air
cleaning devices and appurtenances. Additionally, any emissions activities determined from your air
permit application as meeting the exemption requirements contained in 15A NCAC 2Q .0102 have
been listed for information purposes as an "ATTACHMENT" to the enclosed air permit. Please note
the records retention requirements are contained in General Condition 2 of the General Conditions
and Limitations.
If any parts, requirements, or limitations contained in this permit are unacceptable to you,
you have the right to request a formal adjudicatory hearing within 30 days following receipt of this
permit, identifying the specific issues to be contested. Such a request will stay the effectiveness of
the entire permit. This hearing request must be in the form of a written petition, conforming to G.S.
15OB-23 of the North Carolina General Statutes, and filed with the Off ce of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. The form for requesting a formal
adjudicatory hearing may be obtained upon request from the Office of Administrative Hearings.
Unless a request for a hearing is made pursuant to G.S. 15013-23, this air permit shall be final and
binding.
Asheville Regional office - Division of Air Quality
2090 U.S. Highway 70, Swannanoa, Forth Carolina 28778
Phone: 828-296-45001 FAX 828-299-7043
Internet: www.ncair.org
An Equal Opportunity 1AffirmativeAction Employer- Made in part by Recycled Paper
Mir. Timothy Basilone
August 28, 2013
Page 2
You may request modification of your air permit through informal means pursuant to G.S.
150B-22. This request must be submitted in writing to the Director and must identify the specific
provisions or issues for which the modification is sought. Please note that the permit will become
final and binding regardless of a request for informal modification unless a request for a hearing is
also made under G.S. 150B-23.
Unless exempted by a condition of this permit or the regulations, construction of new
air pollution sources or air cleaning devices, or modifications to the sources or air cleaning
devices described in this permit must be covered under a permit issued by the Division. of Air
Quality prior to construction. Failure to do so is a violation of G.S. 143-215.108 and may
subject the Permittee to civil or criminal penalties as described in G.S. 143-215.114A and 143-
215.114B.
This permit shall be effective from August 28, 2013 until December 31, 2017, is
nontransferable to future owners and operators, and shall be subject to the conditions and Iimitations
as specified therein.
Changes have been made to the permit stipulations. The Permittee is responsible for
carefully reading the entire permit and evaluating the requirements of each permit
stipulation. The Permittee shall comply with all terms, conditions, requirements, limitations
and restrictions set forth in this permit. Noncompliance with any permit condition is grounds
for enforcement action, for permit termination, revocation and reissuance, or modification, or
for denial of a permit renewal application. Speck changes and additions are summarized
below (note: this list may not include all changes and additions):
o One emergency electricity generator (1,040 kilowatt electrical output) powered by a
stationary natural gas -fired internal combustion engine (1,462 brake horsepower) is
added to the permit;
m A condition regarding National Emission Standards for Hazardous Air Pollutants
(NESHAP), Subpart ZZZZ for stationary reciprocating internal combustion engines
(RICE) is added to the permit; and
A Equipment descriptions are updated as requested in your letter dated March 8, 2013.
Should you have any questions concerning this matter, please contact Christopher Scott at (828)
246-4500.
Sincerely,
Paul K. MuIler, P.E.
Regional Air Quality Supervisor
PKM.ces
Enclosures
c: AsheviIle Regional Office
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF AIR QUALITY
AIR PERMIT NO. 10248ROI
Issue Date: August 28, 2013
Expiration Date: December 31, 2017
Effective Date: August 28, 2013
Replaces Permit: 10248R00
To construct and operate air emission source(s) and/or air cleaning device(s), and for the
discharge of the associated air contaminants into the atmosphere in accordance with the provisions
of Article 21 B of Chapter 143, General Statutes of North Carolina (NCGS) as amended, and other
applicable Laws, Rules and Regulations,
Horsehead Metal Products, Inc.
484 Hicks Grove Road
Mooresboro, Rutherford County, North Carolina
Permit Class: Synthetic Minor
Facility ID# 8100224
(the Permittee) is hereby authorized to construct and operate the air emissions sources and/or air
cleaning devices and appurtenances described below:
Emission
Emission Source
Control Control System
Source ID
Description
System 1D Description
Area 100 - Leaching
101 oxidic fries handler (with a maximum CD-101 'lone bagflter .
process rating of 7.0 tons per hour) (1,467 square feet of filter area)
_ ......_ .._..... .......... . _..............._._......................................_. _............
11Area 200 - Solvent Extraction
j 201 jorganic tank (503,565 gallons)
N/A N/A
202 thirty-four (34) mixers (6,630 gallons,
each)
N/A NIA
204.1, 204.2
and 204.3
three stage extraction settling tanks
(203,306 gallon capacity, each)
NIA NIA
204.4 and
204.5
two washing settling tanks NIA NIA
(203,306 gallon capacity, each)
204.6
ffthird stage washing settling tank NIA NIA
4,460 gallon capacity)
204.7 second stage stripping settling tank N/A N/A
1(203,306 gallon capacity)
204.8 first stage stripping settling tank NIA NIA
(114,460 gallon capacity) . F
9 i
Permit No. 10248ROI
Page 2
Emission Emission Source Control Control System
Source ID Description System ID ]Description
4.9 depletion settling tank N/A NIA
(114,460 gallon capacity)
20
204.10 'loaded electrolyte after settler
(114,460 gallon capacity)
i....... _ ..._ ..............................
... ........._..
i 204.11 organic regeneration settling tank N/A N/A
(14,795 gallon capacity)
204.12 hydrochloric acid after settler
(14,795 gallon capacity) NIA NIA
206 hydrochloric acid recovery process CD-206 one packed tower scrubber
(minimum liquid injection rate of
15 gpm)
j 208 Iliquid VOC service area N/A N/A
219 organic intermediate tank NIA NIA
(47,967 gallon capacity)
220_F
organic tank from regeneration mixer NIA N/A
{5,236 gallon capacity)
'Area 300 - BIeed Treatment
301 bleed treatment exhaust fans NIA
i 302 zinc dust handling CD-302
Area 400 - Electrowinnmg
�401 electrowinning process (with a maximum
process rating of 14,310 gallons per N/A
minute) including five coolie towers
L.. .......... _.. _..._.._.. _- ............... _ ......._ ....... g.... _......._... .....:
jArea 500 - Melting, Alloying and Casting
501 one melting furnace (with a maximum CD-501
power rating of 2,700 kw and ten natural
gas -fired burners, each with 0.2 million
Btu per hour maximum heat input rate)
502 one Special High Grade (SHG) holding
furnace (with a maximum power rating of
450 kw and three natural gas -fired burners,
each with 0.2 million Btu per hour
maximum heat input rate)
503 one alloy furnace (with a maximum power
rating of 450 kw and three natural gas -fired
burners, each with 0.2 million Btu per hour
maximum heat input rate)
N/A
one bagfilter
(100 square feet of filter area)
N/A
ie bagfilter
9,596 square feet of filter area
Permit No. 10248RO I
Page 3
i
..._.._........... _...... _ _ ... ....... . .. ......... _....... ................ ...... .....
Emission Emission Source I Control Control System
Source ID Description System ID Description
;Area 500 - Melting, Alloying and Casting (continued)
504 one Prime Western (PW) alloy furnace CD-501 one bagfilter
(with a maximum power rating of 450 kw ° (29,596 square feet of filter area)
and three natural gas -fired burners, each
with 0.2 million Btu per hour maximum
I heat input rate)
;Area 600 - PLINT
I 601 JPLINT process I NIA N/A
Area 700 - Reagents, Preparation and Distribution
701
one limestone silo CD-701
one bagfilter
(with a storage volume of 6,200 cubic feet)
F
(1,039 square feet of filter area)
J 702
one Waelz Oxide silo
CD-702
: one bagfilter
(with a storage volume_ of 5,000 cubic feet)
(1,039 square feet of filter area)
703
one Waelz Oxide silo
CD-703
bagf Iter
..........................
with a storage volume of 5,000 cubic feet)
......................................:.._..._.........._.._.._.._.__............................._....__.._......._.
fone
1,039 square feet of filter area}
704
one Waelz Oxide silo [ CD-704
one bagfilter
.... . ... ......
(with a storage volume of 5,000 cubic feet) !
.. ......
(1,039 square feet of filter area)
705
_
one Waelz Oxide silo CD-705 lone
bagfilter
j
(with a storage volume of 5,000 cubic feet)
(1,039 square feet of filter area)
706
one Waelz Oxide silo
CD-706
one bagfilter
j(with
a storage volume of 5,000 cubic feet)
(1,039 square feet of filter area)
707
one Waelz Oxide silo CD-707
one bagfilter
(with a storage volume of 5,000 cubic feet)
(1,039 square feet of filter area)
708
storage silo building CD-708
one bagfilter
(1,467 square feet of filter area)
709 one soda ash silo CD-709 one bagfilter
{with a storage volume of 1,000 cubic feet) (280square feet of filter area)
............ .................. ............... _ ..... _... .
710 one lime silo CD-710 one bagfilter
(with a storage volume of 1,800 cubic feet) (280 square feet of filter area)
Area 800 - Utilities
-._........_.._......_............................................................ ........ ........._... ......... ... ..... ......... .... ......... ..................... . _............._.............
801 and 802 two natural gas -fired boilers (36.197
NSPS million Btu per hour maximum heat input N/A N/A
rate, each)
i. ......... .. ....................... .......... .. ....................................... ....... ... .......... _. ............. ..... .-.....-- ..... -..... .. ..-..... ... . ....... .. ....... .. ... .. .......,,..., .,............,......
807 one emergency electricity generator
? (1,040 kilowatt electrical output) powered
by a stationary natural gas -fired internal NIA N/A
combustion engine (1,462 brake
horsepower)
�J
Permit No. 10248ROI
Page 4
fEmission Emission Source Control Control System
L... Source ID.- �................ _ ...... Description .. System ID _ Description
Area 900 - Physical Classification and Grinding
901
lone grinding mill (with a maximum
process rating of 15 tons per hour)
902
.one 5-foot by 12-foot screen (with a
maximum process rating of 15 tons per
hour)
903, 904,
four 24-inch belt conveyors
905and 906
s
907 and 908
1two 12-inch screw conveyors
CD-901 one bagfilter
(9,000 square feet of filter area)
in accordance with the completed application 8100224.13A received July 30, 2013 including any
plans, specifications, previous applications, and other supporting data, all of which are filed with the
Department of Environment and Natural Resources, Division of Air Quality (DAQ) and are
incorporated as part of this permit.
This permit is subject to the following specified conditions and limitations including any
TESTING, REPORTING, OR MONITORING REQUIREMENTS:
A. SPECIFIC CONDITIONS AND LIMITATIONS
Any air emission sources or control devices authorized to construct and operate above must
be operated and maintained in accordance with the provisions contained herein. The
Permittee shall comply with applicable Environmental Management Commission
Regulations, including Title 15A North Carolina Administrative Code (NCAC), Subchapter
2D .0202, 2D .0503, 2D .0515, 2D .0516, 2D .0521, 2D .0524 (40 CFR 60, Subparts Dc, IIII
and JJJJ), 2D .0535, 2D .0540, 2D .0605, 2D .1100, .2D .1111 (40 CFR 63, Subpart ZZZZ),
2D. 1806, 2Q .0315 and 2Q .0711.
2. PERMIT RENEWAL AND EMISSION INVENTORY REQUIREMENT - The Permittee,
at least 90 days prior to the expiration date of this permit, shall request permit renewal by
letter in accordance with 15A NCAC 2Q .0304(d) and (f). Pursuant to 15A NCAC 2Q
.0203(i), no permit application fee is required for renewal of an existing air permit (without
a modification request). The renewal request (with AA application form) should be
submitted to the Regional Supervisor, DAQ. Also, at Ieast 90 days prior to the expiration
date of this permit, the Permittee shall submit the air pollution emission inventory report
(with Certification Sheet) in accordance with 15A NCAC 2D .0202, pursuant to N.C.
General Statute 143 215.65. The report shall be submitted to the Regional Supervisor, DAQ
and shall document air pollutants emitted for the 2016 calendar year.
3. PARTICULATE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0503
"Particulates from Fuel Burning Indirect Heat Exchangers," particulate matter emissions
from the fuel burning indirect heat exchangers shall not exceed the allowable emission rates
listed below:
Permit No. 10248ROi
Page 5
Source Emission Limit
(lbs/million Btu)
two natural gas -fired boilers (ID Nos. 801 and 802; 1
36.197 million Btu per hour, maximum heat input 0.35 lb/million Btu
rating, each)
4. PARTICULATE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0515
"Particulates from Miscellaneous Industrial Processes," particulate matter emissions from
the emission sources shall not exceed allowable emission rates. The allowable emission rates
are, as defined in 15A NCAC 2D .0515, a function of the process weight rate and shall be
determined by the following equation(s), where P is the process throughput rate in tons per
hour (tons/hr) and E is the allowable emission rate in pounds per hour (Ibs/hr).
E = 4.10 * (P) 11.61 for P <= 30 tons/hr, or
E = 55 * (P)'- " - 40 for P >30 tons/fir
SULFUR DIOXIDE CONTROL REQUIREMENT - As required by 15A NCAC.2D .0516
"Sulfur Dioxide Emissions from Combustion Sources," sulfur dioxide emissions from the
combustion equipment shall not exceed 2.3 pounds per million Btu heat input.
6. VISIBLE EMISSIONS CONTROL REQUIREMENT - As required by 15A NCAC 2D
.0521 "Control of Visible Emissions," visible emissions from the emission sources,
manufactured after July 1, 1971, shall not be more than 20 percent opacity when averaged
over a six -minute period, except that six -minute periods averaging not more than 87 percent
opacity may occur not more than once in any hour nor more than four times in any 24-hour
period. However, sources which must comply with 15A NCAC 2D .0524 "New Source
Performance Standards" or .I 110 "National Emission Standards for Hazardous Air
Pollutants" must comply with applicable visible emissions requirements contained therein.
7. 15A NCAC 2D .0524 "NEW SOURCE PERFORMANCE STANDARDS" - For the natural
gas -fired boilers (ID Nos. 801 and 802), the Permittee shall comply with all applicable
provisions, including the notification, testing, reporting, recordkeeping, and monitoring
requirements contained in Environmental Management Commission Standard 15A NCAC
2D .0524 "New Source Performance Standards" (NSPS) as promulgated in 40 CFR 60,
Subpart Dc, including Subpart A "General Provisions."
a. NSPS Reporting Requirements - In addition to any other notification requirements to
the Environmental Protection Agency (EPA), the Permittee is required to NOTIFY
the Regional Supervisor, DAQ, in WRITING, of the following:
The date construction (40 CFR 60.7) or reconstruction (40 CFR 60.15) of an
affected source is commenced, postmarked no later than 30 days after such
date. This requirement shall not apply in the case of mass-produced facilities
which are purchased in completed form;
e
e
Permit No. 10248ROI
Page 6
ii. The actual date of initial start-up of an affected source, postmarked within 15
days after such date. If the affected source is permitted to burn multiple fuels,
then the actual date of start-up, for each fuel, must be submitted and
postmarked within 15 days after such date;
b. NSPS-Recordkee irzp g Requirements -In addition to any other recordkeeping
requirements of the EPA, the Permittee is required to maintain records as follows:
i. The amounts of each fuel combusted during each month; and
ii. All records required under this section shall be maintained for a period of two
years following the date of such record.
8. NOTIFICATION REQUIREMENT - As required by 15A NCAC 2D .0535, the Pernrzittee of
a source of excess emissions that last for more than four hours and that results from a
malfunction, a breakdown of process or control equipment or any other abnormal
conditions, shall:
a. Notify the Director or his designee of any such occurrence by 9:00 a.m.. Eastern time
of the Division's next business day of becoming aware of the occurrence and
describe:
i. the name and location of the facility,
ii. the nature and cause of the malfunction or breakdown,
iii. the time when the malfunction or breakdown is first observed,
iv. the expected duration, and
V. an estimated rate of emissions.
b. Notify the Director or his designee immediately when the corrective measures have
been accomplished.
This reporting requirement does not allow the operation of the facility in excess of
Environmental Management Commission Regulations.
9. FUGITIVE DUST CONTROL REQUIREMENT - As required by 15A NCAC 2D .0540
"Particulates from Fugitive Dust Emission Sources," the Permittee shall not cause or allow
fugitive dust emissions to cause or contribute to substantive complaints or excess visible
emissions beyond the property boundary. If substantive complaints or excessive fugitive
dust emissions from the facility are observed beyond the property boundaries for six minutes
in any one hour (using Reference Method 22 in 40 CFR, Appendix A), the owner or
operator may be required to submit a fugitive dust plan as described in 2D .0540(f).
"Fugitive dust emissions" means particulate matter that does not pass through a process
stack or vent and that is generated within plant property boundaries from activities such as:
unloading and loading areas, process areas stockpiles, stock pile working, plant parking Iots,
and plant roads (including access roads and haul roads).
Permit No. 10248R01 0
Page 7
103
10. TESTING REQUIREMENT - Under the provisions of North Carolina General Statute 143-
215.108 and in accordance with 15A NCAC 2D .0605, the Permittee shall demonstrate
compliance with the emission lir it(s) by testing the emission source(s) for the specified
pollutant(s) as follows.
Affected Sources
HCl recovery process
(ID No. 206)
Pollutant
hydrochloric acid
Emission Limit
0.18 lb/hr
Test Method
DAQ Approved
Method
electrowinning process; 13.8 lb/day, DAQ Approved
(ID No. 401) F sulfuric acid per cooling tower Method
(69 lb/day, total) ;
a. At least 45 days prior to performing any required emissions testing, the Permittee
must submit a testing protocol to the Regional Supervisor, DAQ for review and
approval. All testing protocols must be approved by the DAQ prior to performing
such tests.
b. To afford the Regional Supervisor, DAQ, the opportunity to have an observer
present, the Permittee shall PROVIDE the Regional Office, in WRJTING, at least 15
days notice of any required performance test(s).
c. Two copies of the test results must be submitted to the Regional Supervisor, DAQ, in
accordance with the approved procedures of the Environmental Management
Commission within 90 days of the initial operation date.
d. This permit may be revoked, with proper notice to the Permittee, or enforcement
procedures initiated, if the results of the test(s) indicate that the facility does not meet
applicable limitations.
e. The source shall be responsible for ensuring, within the limits of practicality, that the
equipment or process being tested is operated at or near its maximum normal
production rate, or at a lesser rate if specified by the Director or his delegate.
f. All associated testing costs are the responsibility of the Permittee.
11. TOXIC AIR POLLUTANT EMISSIONS LIMITATION AND REPORTING
REQUIREMENT - Pursuant to 15A NCAC 2D .1100 "Control of Toxic Air Pollutants," and
in accordance with the approved application for an air toxic compliance demonstration, the
following permit limits shall not be exceeded:
Affected Source(s) Toxic Air Pollutant Emission
L
..........................................
imit
oxidic fines handier ICadmium Metal, elemental,
(ID No. 101) unreacted (Component of 0.063 Ib/yr
CDC) (7440-43-9)
Manganese & compounds 0.0288
C lb/day
9
Permit No. 10248RO I
Page 8
........ .......
Affected Source(s) Toxic Air Pollutant
organic tank e 7ene (ID No. 201) r(71 --2)
lorganic intermediate tank Benzene
(ID No. 219) (71-43-2)
organic tank from regeneration mixer Benzene —
(ID No. 220) (71_43_2
)
Emission
Limit �
0.172 1 b/yr
0.171 lb/yr !I
0.171 lb/yr
Icombined settlers and mixers in Area 200 Benzene rj 6.86 lb/yr
1(71-43-2)
combined tank vents in Area 200 '[Be7174e7nzene
( 2) 0.0015 Wyn
IF2.03 lb/yr
component fugitive emissions in Area 200 !J�e
..... .......
zinc dust handling f Cadn-dum. Metal, elemental
(ID No. 302) unreacted (Component Of 0.329 Jb/yr
CDC) (7440-43-9)
Chromium (VI) Non -
Specific Compounds, as I !
0,002 lb/yr
Chrom(VI) (Component
C . ICRC) (NSCR6)
Manganese & compounds 0.00689
(N4NC) lb/day
C)
electrowinning process Manganese & compounds 1.96 lb/day
ay
(ID No. 401) Z� C)
�
Sulfuric acid 2.875 lb/h-r
r
(7664-93-9) '1 69 lb/day
melting furnaces
Cadmium Metal, elemental,
�(ID Nos. 501, 502, 503 and 5 04) 1
unreacted (Component of 0.412 lb/yr 1'
ta
CDC) (7440-43-9)
Waelz Oxide silo
Cadmium Metal, elemental,
(ID No. 702)
unreacted (Component of
0.329 lb/yr
CDC) (7440-43-9)
VI) J4on-
Sptec0i7fic Compounds, as
0.002 lb/yr
(Component
'CRC)
(NSCR6)
langanese & compounds .00689
\4NC) lb/day
Permit No. 10248R0I
Page 9
�j Emission
Toxic Air Pollutant Affected Source(s)
aelz Oxide silo
) No. 703)
aelz Oxide silo
) No. 704)
ium Metal, elemental,
,ted (Component of 0.329 lb/yr
(7440-43-9)
Chromium (VI) Non -
Specific Compounds, as
Chrom(VI) (Component 0.002 lblyr
CRC) (NSCR6)
Manganese & compounds 0.00689
(MNC)
'---'-lb/day
'ICadmium Metal, elemental,
j . unreacted (Component of i 0.329 lb/yr
iCDC) (7440-43-9)
Chromium (VI) Non -
Specific Compounds, as
Chrom(VI) (Component
YCRC) (NS-CR6)
& compounds
0.002 lb/yr
0 ITI 1". =0
Waclz Oxide silo
f Cadmium Metal, elemental,
(ID No. 705)
unreacted (Component of 0.329 lb/yr
CDC) (7440-43-9)
j Chromium (VI) Non -
Specific Compounds, as
0.002 lb/yr
'Chrom(VI)
(Component
.'CRC) (NSCR6)
i�-Manganese & compounds
0.00689 1
lb/day
Waelz Oxide silo
JD No. 706)
Cadmium Metal, elemental,
unreacted (Component of 0.329 lb/yr
CDC) (7440-43-9)
�jChromium (VI) Non -
Specific Compounds, as
i 0.002 Ib/yr
Chrom(VI) (Component
CRC) (NSCR6)
.. ......... . .
JManganese & compounds 0.00689
lb/day
•
Permit No. 10248R0I
Page 10
Source(s)
Waelz Oxide silo
(ID No. 707)
storage silo building
(ID No. 708)
Tvzic Air Pollutant
Emission
Limit
Cadmium Metal, elemental,
unreacted (Component of 0.3291b/yr
CDC) (7440_ 43-9)
Chromium (VI) Non -
Specific Compounds, as 0.002 lb/yr
Chrom(VI) (Component
ll
CRC) (NSCR6)
Manganese & compounds ; 0.00689
Cadmium Metal, elemental, _ - -
unreacted (Component of 1.591b/yr
CDC) (7440-43-9)
1Chromium (VI) Non -
Specific Compounds, as
Chrom(VI) (Component 0.01 lb/yr
CRC) (NSCR6)
'Manganese & compounds 0.0331
(MNC) lb/day
secondary crushing and screening Cadmium Metal, elemental,
(ID Na. 901, 902, 903, 904, 905, 906, 907 urzreacted (Component of ;' 0.3071b/yr
and 908) CDC) (7440-43-9)
Manganese & compounds 0 142 lb/day
natural gas -fired boiler ;Formaldehyde 0.00291b/yr
(ID No. 801) _. _ 11(50-00-0)
natural gas -fired boiler Formaldehyde ; 0.0029 lblyr
(ID No. 802) (50-00-0) 11
a. The facility equipment shall be constructed and operated according to the parameters
set forth in the submitted modeling result approved by DAQ on June 25, 2012.
b. Compliance with the modeled sulfuric acid emission rates is established through the
stack testing requirements of Specific Condition 10.
c. Representative samples of particulate matter from each of the following groups of
bagfilters shall be tested for the following cadmium, chromium, lead, manganese and
nickel:
i. Group A: Bagflters CD-101 and CD-901;
ii. Group B: Bagfilters CD-302, CD-702, CD-703, CD-704, CD-705, CD-706,
CD-707 and CD-708; and
Permit No. 10248ROI
Page 1 I
10)
iii. Group C: Bagfilter CD-501.
Test results shall be sufficient to demonstrate that the composition of the dust
captured by the bagfilter complies with respective modeled emission rates, Toxic
Pollutant Emission Rates (TPERs), or the HAP emission limit. Samples shall be
tested on an annual basis and the results shall be submitted to the Regional
Supervisor, DAQ by January 30 of each calendar year.
12. CONTROL AND PROHIBITION OF ODOROUS EMISSIONS - As required by 15A
NCAC 2D .1806 "Control and Prohibition of Odorous Emissions" the Permittee shall not
operate the facility without implementing management practices or installing and operating
odor control equipment sufficient to prevent odorous emissions from the facility from
causing or contributing to objectionable odors beyond the facility's boundary.
13. LIMITATION TO AVOID 15A NCAC 20.0501 - Pursuant to 15A NCAC 2Q .03I5
"Synthetic Minor Facilities," to avoid the applicability of 15A NCAC 2Q .0501 "Purpose of
Section and Requirement for a Permit," as requested by the Permittee, facility -wide
emissions shall be less than the following:
J Pollutant
1
Emission Limit
I (Tons per consecutive 12-month period)
PM10
100
Individual HA -Ps (HCl)
10
Total HA -Ps...
25
a. Inspection and Maintenance Requirements
Bagfilter Requirements - Particulate matter emissions shall be controlled as
described in the permitted equipment list, To comply with the provisions of
this permit and ensure that emissions do not exceed the regulated limits, the
Pernttee shall perform periodic inspections and maintenance (I&M) as
recommended by the manufacturer. In addition, the Permittee shall perform
an annual (for each 12 month period following the initial inspection) internal
inspection of each bagfilter system.
ii. PM -Scrubber (Packed Tower) Requirements - Particulate matter and
hydrochloric acid emissions shall be controlled as described in the permitted
equipment list. To comply with the provisions of this permit and ensure that
emissions do not exceed the regulatory limits, the Permittee shall perform
periodic inspections and maintenance (I&M) as recommended by the
manufacturer. In addition, the Permittee shall perform an annual (for each 12
month period following the initial inspection) internal inspection of each
scrubber system. As a minimum, the I&M program and each annual
inspection should include the inspection of spray nozzles, packing material,
chemical feed system (if so equipped), and the cleaning/calibration of all
associated instrumentation.
Permit No. 10248ROI
Page 12
b. Recordkeeping Requirements - The results of all bagfilter and scrubber inspections
and any variance from manufacturer's recommendations or from those given in this
permit (when applicable) shall be investigated with corrections made and dates of
actions recorded in a logbook. Records of all maintenance and monitoring activities
shall be recorded in the logbook. The logbook (in written or electronic form) shall
be kept on -site and made available to DAQ personnel upon request.
14. TOXIC AIR POLLUTANT EMISSIONS LIMITATION RE UIREMENT - Pursuant to
15A NCAC 2Q .0711 "Emission Rates Requiring a Permit," for each of the below listed
toxic air pollutants (TAPs), the Permittee has made a demonstration that facility -wide actual
emissions do not exceed the Toxic Permit Emission Rates (TPERs) listed in 15A NCAC 2Q
.0711. The facility shall be operated and maintained in such a manner that emissions of any
listed TAPs from the facility, including fugitive emissions, will not exceed TPERs listed in
15A NCAC 2Q .071 L
a. A permit to emit any of the below listed TAPs shall be required for this facility if
actual emissions from all sources will become greater than the corresponding
TPERs.
b. PRIOR to exceeding any of these listed TPERs, the Permittee shall be responsible
for obtaining a permit to emit TAPs and for demonstrating compliance with the
requirements of 15A NCAC 2D .1100 "Control of Toxic Air Pollutants".
c. In accordance with the approved application, the Permittee shall maintain records of
operational information demonstrating that the TAP emissions do not exceed the
TPERs as listed below:
Acute
'
Carcinogens
Chronic
�
Systemic
Acute
Pollutant
j (lb/yr)
Toxicants
Toxicants
Irritants
i
-- -
(lb/day)
(lb/hr}
(lb/hr)
- - -
.'hydrogen chloride (hydrochloric—
0.18
acid) (7647-01-0)
I nickel metal (Component of NIC)
(7440-02-0)
xylene (mixed isomers)
57
16.4
(1330-20-7) ..................
I
15. 15A NCAC 2D .1 I I I "National Emission Standards for Hazardous Air Pollutants"- For the
natural gas -fired emergency electrical generator (ID No. 807), the Permittee shall comply
with all applicable provisions, including the maintenance and recordkeeping requirements
contained in Environmental Management Commission Standard 15A NCAC 2D .I 111, as
promulgated in 40 CFR 63, Subpart ZZZZ, "National Emission Standards for Hazardous
Air Pollutants (NESHAP) for Stationary Reciprocating Internal Combustion Engines
(RICE)", including Subpart A "General Provisions." The Permittee shall comply with the
definition of emergency stationary RICE in 40 CFR 63,6675 and the following stationary
RICE provisions.
Permit No. 10248RO I
Page 13
•)
a. Compliance Date - The compliance date is October 19, 2013
b. Maintenance and Work Practices - Pursuant to 40 CFR 63.6603(a), to 40 CFR
63.6605, 63.6625(e), (h) and 0), and 63.6640 the Permittee shall comply with the
.following:
Change the oil and filter every 500 hours of operation or annually, whichever
comes first. The Permittee has the option to use an oil analysis program as
described in Section c. below in order to extend the specified oil change
requirements.
ii. Inspect the spark plugs every I,000 hours of operation or annually, whichever
comes first, and replace as necessary.
iii. Inspect all hoses and belts every 500 hours of operation or annually, whichever
comes first, and replace as necessary.
iv. Operate and maintain the engine and control device (if any) according to the
manufacturer's emission related written instructions or maintenance plan
developed by the Pern ittee that minimizes emissions from the engine to the
extent practicable.
V. Install a non-resettable hour meter if one is not already installed.
vi. Minimize the engine's time spent at idle during startup and minimize the
engine's startup time to a period needed for appropriate and safe loading of the
engine, not to exceed 30 minutes, after which time the non -startup emission
limitations apply.
vii. If the engine is operating during an emergency and it is not possible to shut down
the engine in order to perform the management practice requirements on the
schedules required in Sections b.i., b.ii., and b.iii., above, or if performing the
management practice on the required schedules would otherwise pose an
unacceptable risk under federal, state or local Iaw, the management practices can
be delayed until the emergency is over or the unacceptable risk under federal,
state, or local law has abated. The management practice shall be performed as
soon as possible after the emergency has ended or the unacceptable risk has
abated. The Permittee shall report any failure to perform the management
practice on the schedule required and the federal, state, or local Iaw under which
the risk was deemed unacceptable.
viii. If the Permittee does not operate the engine according to the requirements in
Sections A. and B. below, then the engine will not be considered an emergency
engine under NESIMP Subpart ZZZZ and must meet all requirements for non -
emergency engines.
A. There is no time limit on the use in emergency situations.
L]
Permit No. 10248ROI
Page 14
B. The Permittee may operate the engine for any combination of the purposes
specified in Sections (I) through (II) below for a maximum of 100 hours per
calendar year.
The engine may be operated for maintenance checks and readiness
testing, provided that the tests are recommended by federal, state or local
government, the manufacturer, the vendor, the regional transmission
authority or equivalent balancing authority and transmission operator, or
the insurance company associated with the engine.
The Permittee may petition the Division of Air Quality (DAQ) Regional
Supervisor for approval of additional hours to be used for maintenance
checks and readiness testing, but a petition is not required if the Permittee
maintains records indicating that federal, state, or local standards require
maintenance and testing of the engine beyond 100 hours per calendar
year.
II. The engine may be operated for periods where there is a deviation of
voltage or frequency of 5 percent or greater below standard voltage or
frequency.
ix. At all times the Permittee shall operate and maintain any affected source,
including associated air pollution control equipment and monitoring equipment,
in a manner consistent with safety and good air pollution control practices for
minimizing emissions. The general duty to minimize emissions does not require
you to make any further efforts to reduce emissions if levels required by this
standard have been achieved. Determination of whether such operation and
maintenance procedures are being used will be based on information available to
DAQ which may include, but is not limited to, monitoring results, review of
operation and maintenance procedures, review of operation and maintenance
records, and inspection of the source.
c. Oil Analysis Pro rg.arn - Pursuant to 40 CFR 63.66250), the Permittee may use an oil
analysis program in order to extend the oil change requirements specified in Section
b.i. above. The oil analysis must be performed at the same frequency specified for
changing the oil. If any of the limits listed below are exceeded, the Permittee shall
change the oil within two (2) business days of receiving the results of the analysis. If
the engine is not in operation when the results of the analysis are received, then the
oil must be changed within two (2) business days or before commencing operation,
whichever is later.
Total Acid Number increases by more than 3.0 milligrams of potassium
hydroxide (KOH) per gram from Total Acid Number of the oil when new; or
ii. Viscosity of the oil has changed by more than 20 percent from the viscosity of
the oil when new; or
iii. Water content (by volume) is greater than 0.5%.
Permit No. 10248ROI
Page 15
40 f
If all of the above limits are not exceeded, the Permittee is not required to change the
oil before continuing to use the engine.
d. Recordkee in - Pursuant to 40 CFR 63.6655 (e) and (f), the Permittee shall keep
records for at Ieast five (5) years showing:
I. The engine was operated and maintained according to the manufacturer's
emission related operation and maintenance instructions or the Permittee's
maintenance plan which must provide for the maintenance and operation of the
engine in a manner consistent with good air pollution control practice for
minimizing emissions.
ii. If applicable, the parameters that are analyzed as part of the oil analysis program,
the results of the analysis, and the oil changes for the engine.
iii. The hours of operation of the engine that is recorded through the non-resettable
hour meter. The Permittee shall document how many hours are spent for
emergency operation; including what classified the operation as emergency and
how many hours are spent for non -emergency operation.
iv. Reporting Requirement - The Permittee is required to NOTIFY the Regional
Supervisor, DAQ, in WRITING, of the actual date of initial start-up of affected
sources operated at this facility, postmarked within 15 days after such date.
16. Federal Rules Applicable to Sources Exempted from Air Permitting, Requirements - Your
facility is subject to the following federal rules:
I40 CFR 60 - NSPS - Subpart IIII - Standards of Performance for Stationary
Compression Ignition Internal Combustion Engines (ID Nos. I-804, I-805 and 1-806) .
(40 CFR 60 - NSPS - Subpart JJJJ - Standards of Performance for Stationary Spark
Ignition Internal Combustion Engines (ID No I-803)
40 CFR 63 - NESHAP/MACT -- Subpart ZZZZ -- Standards of Performance for
Reciprocating Internal Combustion Engines (ID Nos. I-803, I-804, I-805 and I-806)
which are applicable some of the emission sources at your facility listed on the
"Insignificant/Exempt Activities" list attached to this permit. The purpose of this permit
condition is to inform you of your compliance obligations to these applicable rules as they
are enforceable.
17. Reporting Requirement - The Permittee is required to NOTIFY the Regional Supervisor,
DAQ, in WRITING, of the actual date of initial start-up of affected sources operated at this
facility, postmarked within 15 days after such date.
Permit No. 10248ROI
Page 16
B. GENERAL CONDITIONS AND LIMITATIONS
1. TWO COPIES OF ALL DOCUMENTS, REPORTS TEST DATA, MONITORING DATA,
NOTIFICATIONS: REQUESTS FOR RENEWAL, AND ANY OTHER INFORMATION
REQUIRED BY THIS PERMIT shall be submitted to the:
Regional Air Quality Supervisor
North Carolina Division of Air Quality
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
(828) 296-4500
For identification purposes, each submittal should include the facility name as listed on the
permit, the facility identification number, and the permit number.
2. RECORDS RETENTION REQUIREMENT - Any records required by the conditions of this
permit shall be kept on site and made available to DAQ personnel for inspection upon
request. These records shall be maintained in a form suitable and readily available for
expeditious inspection and review. These records must be kept on site for a minimum of 2
years, unless another time period is otherwise specified.
3. ANNUAL FEE PAYMENT -Pursuant to 15A NCAC 2Q .0203(a), the Permittee shall pay
the annual permit fee within 30 days of being billed by the DAQ. Failure to pay the fee in a
timely manner will cause the DAQ to initiate action to revoke the permit.
4. EQUIPMENT RELOCATION - A new air permit shall be obtained by the Permittee prior to
establishing, building, erecting, using, or operating the emission sources or air cleaning
equipment at a site or location not specified in this permit.
5. REPORTING REQUIREMENT - Any of the following that would result in previously
unpermitted, new, or increased emissions must be reported to the Regional Supervisor,
DAQ:
a. changes in the information submitted in the application regarding facility emissions;
b. changes that modify equipment or processes of existing permitted facilities; or
c. changes in the quantity or quality of materials processed.
If appropriate, modifications to the permit may then be made by the DAQ to reflect any
necessary changes in the permit conditions. In no case are any new or increased emissions
allowed that will cause a violation of the emission Iimitations specified herein.
6. This permit is subject to revocation or modification by the DAQ upon a determination that
information contained in the application or presented in the support thereof is incorrect,
conditions under which this permit was granted have changed, or violations of conditions
contained in this permit have occurred. The facility shall be properly operated and
maintained at all times in a manner that will effect an overall reduction in air pollution.
Permit No. 10248R0I
0 ")
Page 17
!;
Unless otherwise specified by this permit, no emission source may be operated without the
concurrent operation of its associated air cleaning device(s) and appurtenances.
7. This permit is nontransferable by the Permittee. Future owners and operators must obtain a
new air permit from the DAQ.
8. This issuance of this permit in no way absolves the Permittee of liability for any potential
civil penalties which may be assessed for violations of State law which have occurred prior
to the effective date of this permit.
9. This permit does not relieve the Permittee of the responsibility of complying with all
applicable requirements of any Federal, State, or Local water quality or land quality control
authority.
10. Reports on the operation and maintenance of the facility shall be submitted by the, Permittee
to the Regional Supervisor, DAQ at such intervals and in such form and detail as may be
required by the DAQ. Information required in such reports may include, but is not limited
to, process weight rates, firing rates, hours of operation, and preventive maintenance
schedules.
11. A violation of any term or condition of this permit shall subject the Permittee to enforcement
pursuant to G.S. 143-215.114A, 143-215.1 I4B, and 143-215.114C, including assessment of
civil and/or criminal penalties.
12. Pursuant to North Carolina General Statute 143-215.3(a)(2), no person shall refuse entry or
access to any authorized representative of the DAQ who requests entry or access for
purposes of inspection, and who presents appropriate credentials, nor shall any person
obstruct, hamper, or interfere with any such representative while in the process of carrying
out his official duties. Refusal of entry or access may constitute grounds for permit
revocation and assessment of civil penalties.
13. The Permittee must comply with any applicable Federal, State, or Local requirements
governing the handling, disposal, or incineration of hazardous, solid, or medical wastes,
including the Resource Conservation and Recovery Act (RCRA) administered by the
Division of Waste Management.
14. PERMIT RETENTION REQUIREMENT - The Permittee shall retain a current copy of the
air permit at the site. The Permittee must make available to personnel of the DAQ, upon
request, the current copy of the air permit for the site.
15. CLEAN AIR ACT SECTION 112(r) REQUIREMENTS - Pursuant to 15A NCAC 2D .2100
"Risk Management Program," if the Permittee is required to develop and register a risk
management plan pursuant to Section 112(r) of the Federal Clean Air Act, then the
Permittee is required to register this plan with the USEPA in accordance with 40 CFR Part
68.
16. PREVENTION OF ACCIDENTAL RELEASES - GENERAL DUTY - Pursuant to Title I
Part A Section 112(r)(1) of the Clean Air Act "Hazardous Air Pollutants - Prevention of
Accidental Releases - Purpose and General Duty," although a risk management plan may not
s
Permit No. 10248RO I
Page 18
be required, if the Permittee produces, processes, handles, or stores any amount of a listed
hazardous substance, the Permittee has a general duty to take such steps as are necessary to
prevent the accidental release of such substance and to minimize the consequences of any
release. This condition is federally -enforceable only.
17. _GENERAL EMISSIONS TESTING AND REPORTING REQUIREMENTS - If emissions
testing is required by this permit, or the DAQ, or if the Permittee submits emissions testing
to the DAQ in support of a permit application or to demonstrate compliance, the Permittee
shall perform such testing in accordance with 15A NCAC 2D .2b00 and follow all DAQ
procedures including protocol approval, regional notification, report submittal, arid test
results approval.
Permit issued this the 28`h of August, 2013.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
" 2-, 4 ,
Paul K. Muller, P.E.
Regional Air Quality Supervisor
By Authority of the Environmental Management Commission
Air Permit No. 10248RO i
ATTACHMENT to Permit No. 10248RO1, August 28, 2013
Insignificant / Exempt Activities
Exemption Source of Source of
Source Title V.
Regulation TAPS?
Pollutants
1-803 - one emergency electricity generator (475
kW electrical output) powered by a stationary 2Q .0102 yes Yes
natural gas -fired internal combustion engine (c)(2)(B)(v)(1)
(637 brake horsepower)........._ ................._...................... .
I-804,1-805 and I-806 - three diesel -fired fire 2Q .0102 yes Yes
pumps (282 brake horsepower, each) (c)(2)(B)(v)(III):�
1. Because an activity is exempted from being required to have a permit or permit modification
does not mean that the activity is exempted from an applicable requirement or that the owner
or operator of the source is exempted from demonstrating compliance with any applicable
requirement.
2. When applicable, emissions from stationary source activities identified above shall be
included in determining compliance with the permit requirements for toxic air pollutants
under 15A NCAC 2D .1100 "Control of Toxic Air Pollutants" or 2Q .0711 "Emission Rates
Requiring a Permit."