HomeMy WebLinkAboutNC0004308_Draft Permit_20190514 4 STATE
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ROY COOPER 11.
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Governor J, �
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MICHAEL S.REGAN = -a ;
Secretary
LINDA CULPEPPER A
NORTH CAROLINA
Director
Environmental Quality
May 14, 2019
Ms. Robyn Gross
Director,Assets Management America
Badin Business Park, LLC
201 Isabella St.
Pittsburg, PA 15212
Subject: Draft NPDES Permit
Permit NC0004308
Badin Business Park LLC.
Stanly County
Class I Facility
Dear Ms. Gross:
Enclosed with this letter is a copy of the Draft NPDES permit for your facility, modified as
stipulated in the Settlement Agreement executed on May 3,2019.Please review this draft carefully
to ensure thorough understanding of the requirements and conditions it contains.
The following changes were made to the final permit sent to you on September 29, 2017
pursuant to the terms of the Settlement Agreement:
• Outfalls 018 and 022 were moved to the stormwater section. These two outfalls are
stormwater outfalls collecting surface runoff from the Alcoa-Badin Landfill. The outfalls
will be sampled according to the stormwater sampling protocol [see Section B.(1.)].
• Language was added to A.(5.) for outfall 019 (section A.(6.) in the final permit) stating
that" If no parameters are detected during the permit cycle, this outfall may be removed
from the permit after a public notice process and consideration of public comments".
• Footnote was included in section A.(1.) for outfall 005 stating that "The Division shall
consider all effluent TRC values reported below 50 µg/ L to be in compliance with the
permit. However,the Permittee shall continue to record and submit all values reported by
a North Carolina certified laboratory (including field certified), even if these values fall
below 50 µg/L".
• Permittee has submitted priority pollutant scans (PPAs)for outfalls 005, 012, 013, 018 and
022. No parameters were detected except Total Cyanide for outfall 012 which was within
the permit limits.No PPA is required for outfall 011 since it is the overflow for outfall 012.
Therefore,special condition A.(9.),Priority Pollutant Analysis,was removed from the final
permit.
��.rNNiI D_EQ-?.)
ORumtvpU[a6pNmW WeBry�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617Mall Service Center I Raleigh,North Carolina 27699-1617
ow 7m vanl
• As a condition of the settlement agreement between Concerned Citizens and Badin Park,
Badin Park submitted PPA for outfall 004.No parameter was detected in the pollutant scan
except Fluoride which is within the permit limit. Therefore, no effluent limitations and
monitoring requirements need to be added to the permit.
• The outfall coordinates in the final permit were revised(see Table 1).
• Mixing zone analysis for outfall 012 — Based on the submitted CORMIX dilution model,
special condition C.(7.), Mixing Zone(Outfall 012),was modified to include the boundary
of the mixing zone and the locations of three instream sampling stations.
• Cyanide limits for outfall 012 - Based on the submitted CORMIX dilution model, Total
Cyanide monthly average and daily maximum limits have been modified to 242 µg/L
(Dilution Factor of 48.4) and 285 µg/L (Dilution Factor of 6.12), respectively [See section
A.(3.)].
• Trichloroethylene(TCE) limits for outfall 012-Based on the submitted CORMIX dilution
model,the monthly average and daily maximum limits for TCE have been modified to 121
µg/L (Dilution Factor of 48.4) and 181.5 µg/L (Dilution factor of 6.12), respectively [See
section A.(3.)].
• Special condition A.(8.), Monitoring Study, has been removed from the permit in light of
the fact that the Permittee has committed to conduct similar study under the Division of
Waste Management(DWM).
The NPDES standard conditions (Parts II and III) that are a part of the permit are not included in
this draft document(cover,map,and Part I). The conditions are the same as in your current permit
except that agency and division names have been updated. The latest version is available at
https://bit.ly/2BZ4xxx and can be viewed online or downloaded as a PDF file.
Concurrent with this notification the Division is publishing a notice in a newspaper having
circulation in the general Stanly County area, soliciting public comments on this draft permit.
Please provide any written comments you may have to the following: NCDEQ/DWR, NPDES
Permitting Branch, 1617 Mail Service Center,Raleigh,NC 27699-1617 no later than 30 days after
receipt of this draft permit.
Following the 30-day public comment period,the Division will review all pertinent comments and
take appropriate action prior to issuing a final permit. If you have questions concerning this draft
permit, please contact me at(919) 707-3607 or by email at Qais.Banihani@ncdenr.gov.
If you have any questions concerning this permit, please contact Qais Banihani at(919) 707-3607
or via email at gais.banihani@ncdenr.gov.
Sincerely,
--<6---).._.5
Qais Banihani, Environmental Engineer
NPDES Complex Permitting Unit
Page 2 of 3
Hardcopy: NPDES Files
Ecopy: DWR/Mooresville Regional Office/Water Quality
US EPA Region 4
Wastewater Operator Certification Group/Maureen Kinney
WSS/Aquatic Toxicology Branch/Susan Meadows
NC DEQ/DWR/PWS Regional Engineer/ Clinton Cook
DWM/Hazardous Waste Section/Robert McDaniel
Bethany Georgoulias/Environmental Engineer/DEMLR
Page 3 of 3
Permit NC0004308
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER AND STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
iJ
•
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,
Badin Business Park;,LLC.' </
is hereby authorized to discharge wastewater and stormwater from.a facility located at the
Badiri'Business Park
NC Hwy. 740&NCSR 1719 `1 ,
- _ Stanly County, _
to receiving waters designated as T to Little Mountai U n Creek and:Badin Lake(Yadkin River)in the Yadkin
-Pee Dee River Basin >
in accordance with effluent limitations,monitoring requirements,and other conditions set forth in Parts I,II,
and III of this permit.
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This permit shall become effective Moues XX,2019.
This permit and the authorization to discharge shall expire at midnight on October 31,2022.
Signed this day Month , a"2019.
DRAFT
Linda Culpepper,Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 27
Permit NC0004308
SUPPLEMENT TO PERMIT COVER SHEET
The authority to operate and discharge from this facility arises exclusively under the terms and conditions of this
NPDES Permit. Therefore,upon the effective date of this permit,any and all previous NPDES Permits issued for
this facility and bearing this permit number are revoked.
Badin Business Park,LLC.
is hereby authorized to:
1.Discharge the following:
• stormwater at Outfalls 002,004,017,018,020,and 022 /
• groundwater,stormwater and or fire protection water at Outfalls 005;012,,011 when flows exceed the
capacity of the diffuser,and 013; �`
• overflow from stormwater retention pond at Outfal1019. `' ,
all outfalls being located at or near Badin Business Park in Stanly County;and \
\
2. Discharge such groundwater, stormwater and/or fire protection water from locations specified on the
attached map into an unnamed tributary,to-Little Mountain Creek(Outfalls 004,005,017,018,and 022)and
into Badin Lake (Yadkin River) (Outfalls'002,011,012,013,019,020)which are classified as Class "WS-IV"
waters and Class "WS-IV CA & B" waters, respectively, in\the Yadkin-Pee Dee River Basin.
1 j - ' =
All discharges shall be in-acco`rdance'with the attached schedules as follows:
Part I: Monitoring,Controls,and Limitations for Permitted Discharges
A.Effluent Limitations and Monitoring Requirements
B. Stormwater Management Requirements'
C.Special Conditions --
Part'II: Standard Conditions for NPDES Permits
Part III: Other Requirements ,�N ' ,
Any other point source discharge to surface waters of the state is prohibited unless covered by another permit,
authorization,or approval.
•
This permit doe's\not relieve the Permittee from responsibility for compliance with any other applicable
federal,state,or locallaw,ruler,standard,ordinance,order,judgment,or decree.
Page 2 of 27
Permit NC0004308
PART I
SECTION A-EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is
authorized to discharge wastewater and stormwater associated with the activities described in its current
NPDES permit application. Such discharges shall be monitored,controlled, and limited as specified below.
A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS-Outfall 005 [15A
NCAC 02B .0400 et seq.,02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting-until the expiration date of this
permit,the Permittee is authorized to discharge groundwater,stormwater;and fire protection water at Outfall
005 subject to the following effluent limitations and monitoring1 requirements:
/ I
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly Weekly Daily Measurement Sample Sample
Average Average Maximum Frequency Type Location 2
Flow / Monthly Instantaneous E
Total Suspended Solids `t Quarterly Composite-3"•' E
Shall remain within the range ofi6.0``., /, N. )
PH to 9.0 standard units at all times�''� Monthly Grab' E
Total Aluminum \ \Quarterly Composite 3 E
Total Fluoride 4 1.8 mg/1 \ ‘-.w `-•, 24 mg/1 `Monthly Composite 3 E
Total Cyanide 4 5 µg/1 \4 ; '`-, 46:6.µg/1 Monthly''`' Grab E
�
,
Total Residual Chlorine 4 ti , 17;4ig%1'--_ Monthly Grab E
Acute Toxicity 5 ``-p`'' , '\ ',. ;/ '-,. ''Quarterly Composite 3 E
Footnotes: /�'. ,� -/
1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system.
Please See Special Conditions C.(6). �.
2. Sample locations:E c Effluent._ -''1>
3. The.Permittee mayyuse time-proportionate compositing or other sampling method provided that the
/lternate method yields samples-that ar0easonably representative of the discharge during the
,'` 'monitori`ng period. ``°-.'
/ 4. The permittee'shall,use sufficiently sensitive test procedures approved under 40 CFR part 136 for the
r ' , analysis of pollutants.A method is%',s''ufficiently sensitive"when: (1)The method minimum level(ML)
,N ' is at or below the level of the effluent limit established in the permit for the measured pollutant or
``pollutant parameter, or (2) the method has the lowest ML of the analytical methods approved under
'4 CFR part 136 or required under 40 CFR chapter I,subchapter N or 0 for the measured pollutant or
pollutant parameter.The Division shall consider all effluent TRC values reported below 50 µg/L to be
in compliance with the permit. However,the Permittee shall continue to record and submit all values
reported-'by a North•Carolina certified laboratory (including field certified), even if these values fall
below 50 µg/4„. ,,'
5. Acute Toxicity P/F Quarterly;see Special Condition C.(1).
Page 3 of 27
Permit NC0004308
A.(2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Outfall 011 [15A
NCAC 02B .0400 et seq.,02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit, the Permittee is authorized to discharge fire protection waters, groundwater, and stormwater
exceeding the Outfall 012 diffuser capacity at Outfall 011 subject to the following effluent limitations and
monitoring)requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly Weekly Daily Measurement Sample Sample
Average Average Maximum Frequency Type Location 2
Flow ,Monthly Instantaneous E
Total Aluminum ',Quarterly'. Grab E
Total Fluoride 3 24 mg/,Y•,ti Monthly, Grab E
Total Cyanide 3 46.6,µg/1 ` ,Monthly ' . Grab E
Total Suspended Solids /// Quarterly \\ Grab E
Trichloroethylene(TCE)3.4 -<3.7 µg/1 Monthly Grab E
Shall remain within the range of 6:0 , '
PH to 9.0 standard units at all times\ \JQuarterly Grab, ,' E
Acute Toxicity 5 ; Quarterly Grab E
Footnotes: �`� \'
1. Submit Discharge Monitoring Reports,electronically using`•NC DWR's eDMR application system.
Please See Special Condition C.(6). ` `, �•. ,
2. Sample locations:E-Effluent.
3. The permittee shall use'sufficiently sensitive test'procedures approved under 40 CFR part 136 for the
analysis of pollutants:A method is"sufficiently sensitive,when:(1)The method minimum level(ML)
is at or below/the level of the effluent limit,established in'the permit for the measured pollutant or
ant pollut parameter; or (2) the method has'tlie lowest ML of the analytical methods approved under
40 CFR part 136 or.required/under 40 CFR chapter-I,subchapter N or 0 for the measured pollutant or
pollutant parameter:,The Permittee shall report on its Discharge Monitoring Reports the actual
rat laboory results for each effluent sample-tested.
4! :The facility may request that the Division review the data after collection of at least 12 data points to
i determine f'there is reasonable potential to exceed the water quality standard or EPA criteria. If no
/ reasonable potential exists,,the Division may remove the limit and/or reduce the monitoring
'' '.frequency. `t
5: Acute Toxicity Monitoring Quarterly;see Special Condition C.(2).
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Page 4 of 27
Permit NC0004308
A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS-Outfall 012 [15A
NCAC 02B .0400 et seq.,02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit, the Permittee is authorized to discharge fire protection waters, groundwater, and stormwater at
Outfall 012(diffuser)subject to the following effluent limitations and monitoring'requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly Weekly Daily Measurement. Sample Sample
Average Average Maximum Frequency Type Location 2
Flow Monthly `=Instantaneous E
Total Suspended Solids ,Quarterly Composite 3 E
pH Shall remain within the range of 6.0, Monthly _ Grab E
to 9.0 standard units at all times `� �, ' ,
Total Cyanide 4 242 µg/1 T 285 µg/-1 `Monthly , Grab E
Total Fluoride 4 7/ Quarterly Composite 3 E
Total Aluminum ', Quarterly Composite 3, E
Trichloroethylene(TCE)4,5 121 µg/1 181.54//1, Monthly Grab. ,•' E
Chronic Toxicity 6 \ ' .:-'Quarterly Composite 3 E
Footnotes: f� •
..,
1. Submit Discharge Monitoring Reports,.electronically using NC DWR's eDMR application system.
Please See Special Condition C.(6)`\ ' ''`1 2. Sample locations:E-Effluent. \ "-•__, _ \ti n
�
3. The Permittee may use time-proportionate compositing,or other'sampling method provided that the
alternate method yields samples that are reasonably,,representative of the discharge during the
\ -
monitoring period: /i" ',r , '
4.' ,tt"e The perm `e shall use`sufficiently sensiti v,test procedures approved under 40 CFR part 136 for the
analysis`of-pollutants.A method is sufficiently sensitive"when: (1)The method minimum level(ML)
is at or below the'level of/the effluent limit established in the permit for the measured pollutant or
pollutant parameter;or.(2) the method has the lowest ML of the analytical methods approved under
40 CFR part 136 or required under 40 CFR-chapter I,subchapter N or 0 for the measured pollutant or
/,polluiant-parameter.'The'Permittee shall.r'eport on its Discharge Monitoring Reports the actual
:'� laboratory results-for each�effluent sample tested.
/ 5. The facility may request that,the Division review the data after collection of at least 12 data points to
�. - determine if there is 'reasonable potential to exceed the water quality standard or EPA criteria. If no
\ reasonable potential exists, the- Division may remove the limit and/or reduce the monitoring
`frequency. ,
6. Chronic Toxicity Pass/Fail Quarterly;see Special Condition C.(3).
Page 5 of 27
Permit NC0004308
A.(4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Outfall 013 [15A
NCAC 02B .0400 et seq.,02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit, the Permittee is authorized to discharge groundwater and stormwater at Outfall 013 subject to the
following effluent limitations and monitoring1 requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly Weekly Daily Measurement Sample
Average Average Maximum Frequency Sample Type Location 2
Flow Monthly Instantaneous E
Total Suspended Solids ,,Quarterly Composite 3 E
Total Aluminum , Quarterly Composite 3 E
Total Fluoride ,/'+` '-w Quarterly,, Composite 3 E
Total Cyanide 4 5 µg/1 46.61µg/1 ti 'Monthly ' ' , Grab E
Shall remain within the range of 6.0
pH to 9.0 standard units at all times Monthly `Grab ` E
Acute Toxicity 5 '" ' Quarterly Compbite,3 "� E
Footnotes: „,
1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please
See Special Condition C.(6). l - .
2. Sample locations:E-Effluent. ; .,
3. The Permittee may use time-proportionate`cbmpositing or other'`sampling method provided that the
alternate method yields samples that are reasonably representative of the discharge during the monitoring
period. / " -
\ -
4. The permittee shall use 'sufficiently sensitive test procedures approved under 40 CFR part 136 for the
analysis of pollutants. A method is"sufficiently sensitive" when: (1)The method minimum level (ML) is
at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant
parameter;or(2)the method has the lowest ML of\the-analytical methods approved under 40 CFR part 136
or required under 40 CFR chapter I,subchapter N or 0 for the measured pollutant or pollutant parameter.
The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each
effluent sample testd. '
5.'` Acute Toxicity Monitoring Quarterly;see Special Condition C.(2).
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Page 6 of 27
Permit NC0004308
A.(5.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Outfall 019 [15A
NCAC 02B .0400 et seq.,02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit, the Permittee is authorized to discharge overflow from the retention pond at the Old Brick Landfill
at Outfall 019 subject to the following effluent limitations and monitoring)requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly Weekly T Daily Measurement Sample
Average Average Maximum Frequency Sample Type Location 2
Flow Semi-annual Instantaneous E
Total Rainfall(inches)3 Semi-annual Rain gauge ---
Total Suspended Solids ' Semi-annual Grab E
Total Aluminum % Semi-annual Grab E
Total Fluoride 4 / Semi-annual ', Grab E
Total Cyanide 4 Semi-annual Grab E
Shall remain within the"range of 6.0
pH to 9.0 standard units at all times, Semi-annual Grab E
Acute Toxicity 5 Annual Grab E
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system.
Please See Special Condition C.(6):\`_ __
2. Sample locations: E-Effluent.
3. For each sampled representative storm event the total precipitation must be recorded. An on-site rain
gauge or local rain gauge reading must be recorded:- '
4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the
analysis of pollutants.A method is"sufficiently sensitive"_when: (1)The method minimum level(ML)
is at or below the level of the effluent limit established in the permit for the measured pollutant or
pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under
40 CFR part 136 or required under 40 CFR chapter I,subchapter N or 0 for the measured pollutant or
pollutant parameter. The Permittee-shall report on its Discharge Monitoring Reports the actual
• laboratory results for-each effluent-sample tested.
5. Acute Toxicity Monitoring Annual;see Special Condition C.(4).
If no parameters are detected during the permit cycle, this outfall may be removed from the permit after a
public notice process and consideration of public comments.
'
Page 7 of 27
Permit NC0004308
SECTION B -STORMWATER MANAGEMENT REQUIREMENTS [G.S. 143-215.1(A) et seq.,
15A NCAC 02H .0126 et seq.]
B.(1.) STORMWATER MONITORING REQUIREMENTS-Outfalls 002,004,017,018,020&022
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit,the Permittee is authorized to discharge stormwater at Outfalls 002,004,017,018,020 and 022. Such
discharges shall be controlled,limited,and monitored as specified in this permit.
1. Analytical Monitoring:
Analytical monitoring of stormwater discharges shall be performed as.specified below. All analytical
monitoring shall be performed during a measureable storm event
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 haye'been at least 72 hours prior. The 72-hour
storm interval does not apply if the permittee is;able_• t`o:;document that a shorter interval is
representative for local storm events during the sampling period, and the perfnittee obtains approval
from the local DEMLR Regional Engineer(See Definitions). `• ,
Analytical Monitoring Requirements • ,
Discharge Characteristics Units Measurement Sample Sample
Frequencyl Type2 Location3
Total Suspended Solids (TSS) ` mg/L semi-nnual, Grab SDO\
`•
Chemical Oxygen Demand(COD) `mgit-- semi-annual ) Grab SDO
Aluminum,Total Recoverable mg/L �`• semi-annual Grab SDO
, _ ve >
•
Total Cyanide," t �\ mg/L' semi-annual Grab SDO
Total Fluoride'\ ) mg/L \ 's, semi-annual Grab SDO
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`- - ,-
, Rain
Total.Rainfall_4 `, inches semi-annual, -
f, ` ' Gauge
Footnotes: •, '>
`"IN.Measurement Frequency: Twice"per year (unless other provisions of this permit prompt monthly
sampling) during a me asureable s orm event,until either another permit is issued for this facility or
until-thi's permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or
Three response actions under the previous permit, the facility shall continue a monthly monitoring
and reporting'schedule`n:Tier Two or Tier Three status until relieved by the provisions of this permit
by DEMLR.`�, - ,/
2. Grab samples shall'be collected within the first 30 minutes of discharge. When physical separation
between outfalls'prevents collecting all samples within the first 30 minutes, sampling shall begin
within the first 30 minutes,and shall continue until completed.
3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS)has been granted. A copy of DEMLR's letter granting ROS shall
be kept on site.
4. For each sampled measureable storm event,the total precipitation must be recorded. An on-site rain
gauge is required. Where isolated sites are unmanned for extended periods of time,a local rain gauge
reading may be substituted for an on-site reading.
Page 8 of 27
Permit NC0004308
The permittee shall complete the analytical samplings in accordance with the schedule specified below,
unless adverse weather conditions prevent sample collection. A minimum of 60 days must separate Period
1 and Period 2 sample dates,unless monthly monitoring has been instituted under a Tier Two response.
Inability to sample because of adverse weather conditions must be documented in the Stormwater
Pollution Prevention Plan (SPPP) and recorded on the DMR. The permittee must report the results from
each sample taken within the monitoring period (see Part II, Section D). However, for purposes of
benchmark comparison and Tiered response actions,the permittee shall use the analytical results from the
first sample with valid results within the monitoring period.
Monitoring Schedule
Semi-Annual Start Date End Date
Monitoring Events1,2
(All Years)3 (All Years)3
Period 1 January 1 , June 30
Period 2 July 1 / December 31
Footnotes:
1 Maintain semi-annual monitoring until eitheranother permit is issued for this facility or until this
permit is revoked or rescinded. The permittee must submit an application foi renewal of coverage
before the submittal deadline (180 days before expiration) to be,considered for,)renewed coverage
under the permit. The permittee must continue analytical monitoring throughout the permit renewal
process,even if a renewal permit is not issued until after expiration of this permit.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating"No Flow" or"No Discharge'within 30 days of the end of the sampling period.
3 Monitoring periods remain consistent'through the permit term and through the renewal process.
!;
Failure to monitor semi-annually per permit terms may result in DEMLR requiring monthly monitoring
for all parameters,for a specified'time period. "No,discharge" from an outfall during a monitoring period
does not constitute failure to monitor,as long as it is properly recorded and reported.
The permittee shall compare monitoring results to the benchmark values below. 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 DEMLR releases the permittee from
continued monthly monitoring and 'reporting under Tier Two or Tier Three, DEMLR's release letter may
remain in effect through subsequent,-reissuance of this permit, unless the release letter provides for other
conditions or duration. iI
1
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Page 9 of 27
Permit NC0004308
Benchmark Values for Analytical Monitoring
Discharge Characteristics Units Benchmark
Total Suspended Solids(TSS) mg/L 100
Chemical Oxygen Demand mg/L 120
Aluminum,Total Recoverable mg/L 0.75
Total Cyanide mg/L 0.02
Total Fluoride mg/L 6
The benchmark values above are not permit limits but should be used as guidelines for implementation of the
permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however,
failure to respond to the exceedance as outlined in this permitjs a violation of permit conditions.
Tier One
If:The first valid sampling results are above a benchmark value for,anyparameter at any outfall;
Then:The permittee shall: '
1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling
results. -
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, op6rational controls, or physical
improvements to reduce concentrations of the parameters of concern.
4. Implement the selected feasible actions within two months of the inspection.
5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark
exceedance,the inspection date,the personnel conducting the-inspection,the selected actions,and the
date the selected actions were implemented.
6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response.
Tier Two
If:The first valid sampling,results from two consecutive monitoring periods are above the benchmark
`values for any specific parameter at a`specific discharge outfall;
Then:The permittee shall: , •
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall
conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value
for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until
three consecutive sample results are below the benchmark values or within benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating"No Flow" to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise
the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional
Engineer may direct the response actions on the part of the permittee as provided in Tier Three,
including reduced or additional sampling parameters or frequency.
5. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
Page 10 of 27 -
Permit NC0004308
Tier Three
If:The valid sampling results required for the permit monitoring periods exceed the benchmark value for
any specific parameter at any specific outfall on four occasions,the permittee shall notify the DEMLR
Regional Engineer in writing within 30 days of receipt of the fourth analytical results;
Then:The Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency for
some or all of the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measure's;
• require the permittee to perform upstream and downstream monitoring to characterize impacts on
receiving waters;or
• require the permittee implement site modifications to qualify fora No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
2. Qualitative Monitoring Requirements
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution
Prevention Plan(SPPP)and identify new potential sources of stormwater pollution. Qualitative
monitoring of stormwater outfails 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 below, and during
required analytical monitoring events (unless the permittee is required to perform further qualitative
monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse
weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report
form (see Adverse.Weather in Definitions). Only SDOs discharging stormwater associated with industrial
activity must be monitored(See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall,the permittee shall document
the suspected cause of the condition- and any actions taken in response to the discovery. This
documentation will be maintained with the SPPP.
i -
Page 11 of 27
Permit NC0004308
Qualitative Monitoring Requirements
Discharge Characteristics Frequencyl Monitoring
Location
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. Monitoring Frequency: Twice per year during.a measureable storm event unless other provisions
of this permit prompt monthly monitoring. See schedule of monitoring periocls-through the end
of this permitting cycle. The permittee must continue qualitative monitoring throughout the
permit renewal process until anew permit is issued.
2. Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge
outfall(SDO)regardless of representative outfall status. \
A minimum of 60 days must separate mo iitoring.dates,unless additional sampling has been instituted as
part of other analytical monitoring requirement's in this permit: --
If the permittee's qualitative monitoring indicates that existing stormwater Best Management Practices
(BMPs) are ineffective, or that significant store water contamination is present, the permittee shall
investigate potential causes,evaluate the feasibility, of corrective action,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.
Qualitative Monitoring Response
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness,identifying new potential
sources of stormwater pollution,and prompting the permittee's response to pollution. If the permittee
repeatedly'fails to respond effectively to correct problems identified by qualitative monitoring, or if
the discharge causes or contributes to a water quality standard violation, DEMLR may but is not
limited to: '.
• require that the permittee revise,increase,or decrease the monitoring frequency for some or
all parameters(analytical or qualitative)
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters;or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
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Permit NC0004308
B.(2.) 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 DEMLR. The SPPP is public information in
accordance with Part II,Standard Conditions,Section E Paragraph 10 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 uploading 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 area 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. If non-stormwater discharges are present,
the permittee shall identify the source and record whether the discharge is otherwise permitted (by
rule or a different permit). The permittee shall evaluate the environmental significance of the non-
stormwater discharges and include a summary written record with the certification.The certification
statement and summary written record shall be retained with the SPPP,and shall be dated and signed
in accordance with the requirements found in Standard Conditions for NPDES Permits,Part II,Section
B.11(b).
(f) If a permanent source of non-stormwater flow is identified in accordance with B.(2)1.(e)the permittee
shall notify DWR and DEMLR.The notification must include a description and frequency of discharge
for the identified non-stormwater flow.The notification must be submitted to the following addresses:
Page 13 of 27
Permit NC0004308
DWR/NPDES Complex Permitting Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
DEMLR/ Stormwater Permitting Program
1612 Mail Service Center
Raleigh,NC 27699-1612.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative
description of the materials management practices employed which control or minimize the stormwater
exposure of significant materials, including structural and nonstructural measures. The Stormwater
Management Strategy,at a minimum,shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of
operations and/or storage practices to eliminate or/reduce exposure of materials and processes to
rainfall and run-on flows. Wherever practical, thepermittee 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 Recordss.. Secondary containment is required for: bulk
storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund
Amendments and Reauthorization:Act(SARA) water priority chemicals; and storage in any amount
of hazardous substances,in order to prevent leaks and spills from contaminating stormwater runoff.
A table or summary of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected to stormwater
conveyance systems,the connection shall;be controlled by.manually activated valves or other similar
devices(which shall be-secured closed with a'locking mechanism). Any stormwater that accumulates
in the containment area shall be at a minimum visually observed for color, foam, outfall staining,
visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated
stormwater shall be released)if found to be uncontaminated by any material. Records documenting
the individual making the observation,the description of the accumulated stormwater, and the date
and time of the release-shall be kept for a period of five (5)years. For facilities'subject to a federal oil
Spill Prevention, Control,4and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully
compliant with the requirements of this permit may be used to demonstrate compliance with this
r permit.
(c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs)
shall-be provided. The installation and implementation of BMPs shall be based on the assessment of
the potential for sources to contribute significant quantities of pollutants to stormwater discharges
and on data collected through monitoring of stormwater discharges. The BMP Summary shall include
a written record of the specific rationale for installation and implementation of the selected site BMPs.
The BMP Summary shall be reviewed and updated annually.
3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP)shall
incorporate an assessment of potential pollutant sources based on a materials inventory of the facility.
Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated
into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan.
A responsible person shall be on-site at all times during facility operations that have increased potential
to contaminate-stormwater runoff through spills or exposure of materials associated with the facility
operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and
Countermeasure plan (SPCC) may be a component of the SPRP,but may not be sufficient to completely
Page 14 of 27
Permit NC0004308
address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be
incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good
housekeeping program shall be developed and implemented. The program shall address all stormwater
control systems(if applicable),stormwater discharge outfalls,all on-site and adjacent surface waters and
wetlands, industrial activity areas (including material storage areas, material handling areas, disposal
areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures,
and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and
housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and
facility systems that present a potential for stormwater exposure or stormwater pollution where not
already addressed under another element of the SPPP. Inspection of material handling areas and regular
cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the
established schedules for inspections,maintenance,and housekeeping shall be recorded and maintained
in the SPPP.
5. 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 I Section B.(1.).
6. Employee Training. Training programs shall be developed and training provided at a minimum on an
annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative
maintenance activities, and for any of the facility's operations that have the potential to contaminate
stormwater runoff. The facility personnel responsible for implementing the training shall be identified,
and their annual training shall be documented by the signature of each employee trained.
7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall
coordination, development, implementation, and revision of the SPPP. Responsibilities for all
components of the SPPP shall be documented and position assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change
in design, construction, operation, site drainage, maintenance, or configuration of the physical features
which may have a significant effect on the potential for the discharge of pollutants to surface waters. All
aspects of the SPPP shall be reviewed and updated on an annual basis.The annual update shall include:
(a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the
notation that no spills have occurred(element of the Site Overview);
(b) a written re-certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on-site stormwater BMPs (BMP
Summary element of the Stormwater Management Strategy).
(d) a review and comparison of sample analytical data to benchmark values (if applicable) over the
past year, including a discussion about Tiered Response status. The permittee shall use the
Annual Summary Data Monitoring Report (DMR) form, available from the DEMLR
Stormwater Permitting Program's website (See 'Monitoring Forms' here:
http://portal.ncdenr.org/web/Ir/npdes-stormwater).
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
Page 15 of 27
Permit NC0004308
certification in writing in accordance with Part II, Standard Conditions, Section B, Paragraph 11 to the
Director that the changes have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all
appropriate BMPs consistent with the provisions of this permit,in order to control contaminants entering
surface waters via stormwater. Implementation of the SPPP shall include documentation of all
monitoring, measurements, inspections, maintenance activities, and training provided to employees,
including the log of the sampling data and of actions taken to implement BMPs associated with the
industrial activities,including vehicle maintenance activities. Such documentation shall be kept on-site
for a period of five(5)years and made available to the Director or the Director's authorized representative
immediately upon request.
B.(3.) STORMWATER DEFINITIONS
1. 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.
2. Allowable Non-Stormwater Discharges, -
Non-stormwater discharges which shall be allowed in the stormwater conveyance system include:
a. 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.
b. 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. .
L
3. Best-Management Practices(BMPs)_
Measures-or practices used to reduce The amount of pollution entering surface waters. BMPs may
take the form of a process,activity,or physical structure. More information on BMPs can be found at:
https://www.epa gov/.npdes/national-menu-best-management-practices-bmps-stormwater#edu.
4. Bypass(stormwater) '\
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.
5. Bulk Storage of Liquid Products
Liquid raw materials,intermediate products,manufactured products,waste materials,or by-products
with a single above ground storage container having a capacity of greater than 660 gallons or with
multiple above ground storage containers located in close proximity to each other having a total
combined storage capacity of greater than 1,320 gallons.
6. DEMLR
The Division of Energy,Mineral,and Land Resources.
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Permit NC0004308
7. 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.
8. Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm events
during the sampling period,and obtains approval from the local DEMLR Regional Office. Two copies
of this information and a written request letter shall be sent to the local DEMLR Regional Office. After
authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the
permittee's SPPP.
9. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to,rain, snow, snowmelt, or
runoff. Industrial materials or activities include,but are not limited to,material handling equipment
or activities,industrial machinery,raw materials,,intermediate products,by-products,final products,
or waste products [40 CFR 122.26(b)(14)]. DEMLR may grant a N;Exposure Exclusion from NPDES
Stormwater Permitting requirements only if a facility complies with the terms and conditions
described in 40 CFR§122.26(g).
10. 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 discre e fissure from which stormwater is or may be
•
discharged to waters of the state.
i
11. Representative Outfall Stains
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
12. Secondary Containment
Spill containment,for the contents of the single largest tank within the containment structure plus
sufficient freeboard'to contain the 25-year,24-hour storm event.
13. Section 313 Water Priority Chemical
A chemical or chemical 'category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act(SARA)of 1986,also titled the Emergency Planning and Community Right-
to-KnowrAct of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III,Section 313 reporting
requirement's;and
c. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants),Table III
(certain metals,cyanides,and phenols) or Table IV(certain toxic pollutants and hazardous
substances);
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.
Page 17 of 27
Permit NC0004308
14. 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.
15. 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).
16. Stormwater Discharge Outfall(SDO)
The point of departure of stormwater from a discernible,confined,or discrete conveyance,including
but not limited to,storm sewer pipes,drainage ditches,channels,spillways,or channelized collection
areas,from which stormwater flows directly or indirectly into waters of the State of North Carolina.
17. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
•
18. 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.
19. 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.
20. 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://portal.ncdenr.org/web/wq/ps/mtu/tmdl.
21. Vehicle Maintenance Activity
Vehicle rehabilitation,mechanical repairs,painting,fueling,lubrication,vehicle cleaning operations,
or airport deicing operations.
22. 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.
23. 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.
Page 18 of 27
Permit NC0004308
SECTION C-SPECIAL CONDITIONS
C.(1.)ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (Quarterly;Outfall 005) [15A NCAC 02B .0200 et
seq.]
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North
Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single
Effluent Concentration" (Revised December 2010 or subsequent versions).The monitoring shall be performed
as a Fathead Minnow(Pimephales promelas)24 hour static test. The effluent concentration at which there may
be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). The
tests will be performed once during each calendar quarter(January-March,April-June,July-September and
October-December). Effluent sampling for this testing must be obtained during representative effluent
discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment
processes.
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring
will begin immediately until such time that a single/test is ,passed. Upon` passing, this monthly test
requirement will revert to quarterly in the months specified above.
All toxicity testing results required as part of this permit'condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the month in which it was'performed, using the parameter code TGE6C.
Additionally,DWR Form AT-2(original)is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Aquatic Toxicology Branch,Water Sciences Section
1621 Mail Service Center _
_ Raleigh,North Carolina; 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology Branch no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of
the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the
waste stream.
Should there be no discharge of flow from'the facility during a month in which toxicity monitoring is required,
the permittee will complete the information located at the top of the aquatic toxicity(AT)test form indicating
the facility name, permit number,pipe number,county, and the month/year of the report with the notation
of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences
Section at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,then monthly
monitoring will begin immediately until such time that a single test is passed.Upon passing,this monthly test
requirement will revert to quarterly in the months specified above.Assessment of toxicity compliance is based
on the toxicity testing quarter,which is the three month time interval that begins on the first day of the month
in which toxicity testing is required by this permit and continues until the final day of the third month.
Should any test data from either these monitoring requirements or tests performed by the North Carolina
Division of Water Resources indicate potential impacts to the receiving stream,this permit may be re-opened
and modified to include alternate monitoring requirements or limits.
Page 19 of 27
Permit NC0004308
If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation&reporting of the data submitted on the DMR&all AT Form
submitted.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival and appropriate environmental controls,shall constitute an invalid test and will require
immediate follow-up testing to be completed no later than the last day of the month following the month
of the initial monitoring.
C.(2.) ACUTE TOXICITY MONITORING (Quarterly;Outfalls 011 and 013) [15A NCAC 02B .0200 et seq.]
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined as definitive in
E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to
Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales
promelas) 24-hour static test. Effluent samples for self-monitoring purposes must be obtained during
representative effluent discharge below all waste treatment. The tests will be performed on a discharge event
during each calendar quarter(January-March,April-June,July-September and October-December).
The parameter code for this test is TAE6C.All toxicity testing results required as part of this permit condition
will be entered on the Effluent Discharge Form (MR-1)'for the month in which it was performed, using the
appropriate parameter code.Additionally,DWR Form AT-1 (original)is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Aquatic Toxicology Branch,Water Sciences Section
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be'filed with the Aquatic Toxicology Branch no later than 30
days after the end of the reporting period for which,the report is made
Test data shall be'complete and accurate and include all supporting chemical/physical measurements
performed in association with the tonicity tests, as well as all dose/response data. Total residual chlorine of
the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the
waste stream.. - —
Should there be no discharge of'flow from the facility during a quarter in which toxicity monitoring is
required,the permittee will complete the information located at the top of the aquatic toxicity (AT) test form
indicating the facility name,permit number,pipe number,county,and the month/year of the report with the
notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental
Sciences Branch at the address cited above.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of
Water Resources indicate potential impacts to the receiving stream, this permit may be re-opened and
modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document,such as minimum control
organism survival and appropriate environmental controls,shall constitute an invalid test and will
require immediate follow-up testing to be completed no later than the last day of the month following
the month of the initial monitoring.
Page 20 of 27
Permit NC0004308
C.(3.) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT(Quarterly;Outfall 012) [15A NCAC 02B.0200
et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality
to Ceriodaphnia dubia at an effluent concentration of 3.8%at Outfall 012.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the
"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998,or subsequent
versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February
1998) or subsequent versions. Effluent samples for self-monitoring purposes must be obtained during
representative effluent discharge below all waste treatment. The tests will-be performed once during each
calendar quarter(January-March,April-June,July-September and October-December).
If the test procedure performed as the first test of any single quarter"results in a failure or ChV below the
permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two
following months as described in"North Carolina Phase II Chroc Whole Effluent Toxicity Test Procedure"
(Revised-February 1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and theIlowest concentration that
does have a detectable impairment of reproduction or survival. The definition of"detectable impairment,"
collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina
Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form(MR-1)for the months in.which tests were performed,using the parameter code TGP3B for
the pass/fail results and THP3B for the Chronic Value. Additionally,DWR Form AT-3(original)is to be sent
to the following address: \
Attention: North Carolina Division of Water Resource's
i Aquatic Toxicology Branch,Water Sciences Section
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed'with the Aquatic Toxicology Branch no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete,'accurate, include all supporting chemical/physical measurements and all
concentration/response data, and,be certified _by laboratory supervisor and ORC or approved designate
signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine
is employed for disinfection of the waste stream.
Should'there be no discharge,of flow from the facility during a quarter in which toxicity monitoring is
required,the Permittee will complete the information located at the top of the aquatic toxicity (AT) test form
indicating the•facility name,permit number,pipe number,county,and the month/year of the report with the
notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental
Sciences Branch at the address cited above.
Should the Permittee fail to monitor during a month in which toxicity monitoring is required,monitoring will
be required during the following month.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of
Water Resources indicate potential impacts to the receiving stream, this permit may be re-opened and
modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, minimum control organism reproduction, and appropriate environmental controls,
shall constitute an invalid test and will require immediate follow-up testing to be completed no later than
the last day of the month following the month of the initial monitoring.
Page 21 of 27
Permit NC0004308
C.(4.) ACUTE TOXICITY MONITORING (Annual;Outfall 019) [15A NCAC 02B .0200 et seq.]
The permittee shall conduct annual toxicity tests using protocols defined as definitive in E.P.A. Document
EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and
Marine Organisms." The monitoring shall be performed as a Fathead Minnow(Pimephales promelas) 24-hour
static test. Effluent samples for self-monitoring purposes must be obtained below all waste treatment. The
permittee will conduct one test annually,with the annual period beginning in January of the calendar year
of the effective date of the permit.
The annual toxicity test must be performed by June 30. Should there be no discharge of flow from the facility
during the six month period January 1-June 30,the permittee will complete the information located at the top
of the aquatic toxicity (AT) test form indicating the facility name, permit number,pipe number, county and
in the comments section indicate"No Flow for January 1-June 30, {`calendar year}." The report must be signed
and submitted to the Environmental Sciences Section at the address noted'below.
If no discharge event occurs from January 1-June 30,yet a,discharge event occurs from July 1-December 31,
then the facility must perform toxicity monitoring and report the data as noted below.
The parameter code for this test is TAE6C.All toxicity testing results required as part of this permit condition
will be entered on the Effluent Discharge Form (MR-1)`for the month in which it was performed, using the
appropriate parameter code.Additionally,DWR Form AT-I (original)is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Aquatic Toxicology Branch,Water Sciences Section
1621 Mail Seivice Center
Raleigh,North,Carblina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology Branch no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be'complete and accurate and include all supporting chemical/physical measurements
performed in association with the tokicity tests, as well as all dose/response data. Total residual chlorine of
the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the
waste stream. - -
Should any test data from either these monitoring requirements or tests performed by the North Carolina
Division of Water Resources indicate potential-impacts to the receiving stream,this permit may be re-opened
and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document,such as minimum control
organism survival and appropriate environmental controls,shall constitute an invalid test and will require
immediate follow-up testing to be completed no later than the last day of the month following the month of
the initial monitoring.
C.(5.) PERMIT REOPENER [G.S. 143-215.1(b)]
The permitttee shall notify the Division if any industrial activity is proposed to take place at the facility which
changes the characteristics of the wastewaterp as authorized in this permit or adds additional sources of
wastewater. A notification shall be submitted to the Division describing the new activities and expected
wastewater characteristics 90 days prior to proposed start of operations.
Page 22 of 27
Permit NC0004308
C.(6.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program
reports.The final NPDES Electronic Reporting Rule was adopted and became effective on December 21,2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this permit
(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention ,
• Section E. (5.) Monitoring Reports
1. Reporting Requirements[Supersedes Section D. (2.) and Section E. (5.).(a))
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report(eDMR)internet application.
Monitoring results obtained during the previous Month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring
data and submit DMRs electronically using the internet. Until such time that the states eDMR application
is compliant with EPA's Cross-Media•Electronic Reporting Regulation (CROMERR), permittees will be
required to submit all discharge monitoring data to the state`electronically using eDMR and will be
required to complete the eDMR submission by printing,signing,and submitting one signed original and
a copy of the computer printed eDMR to the following address:
i
NC DEQ/ Division of-Water Resources/ Water,Quality Permitting Section
ATTENTION: Central Files •
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility
being-physically located in an area wheie less than 10 percent of the households have broadband access,
then a temporary-waiver from the NPDES electronic reporting requirements may be granted and
,discharge monitoring data may lie submitted on paper DMR forms (MR 1, 1.1, 2,3) or alternative forms
approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See
"How to Request a Waiver\from Electronic Reporting' section below.
Regardless of the submission method, the first DMR is due on the last day of the month following the
issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
•
Starting on December 21, 2020, the permittee must electronically report the following compliance
monitoring data and reports,when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports;and
• Clean Water Act(CWA)Section 316(b)Annual Reports.
The permittee may seek an electronic reporting waiver from the Division(see"How to Request a Waiver
from Electronic Reporting" section below).
Page 23 of 27
Permit NC0004308
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9),the permittee must identify the initial recipient at the time of each
electronic submission. The permittee should use the EPA's website resources to identify the initial
recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity(EPA
or the state authorized by EPA to implement the NPDES program) that is the designated entity for
receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type
of electronic submission and for each state. Instructions on how to access and use the appropriate electronic
reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at:
https://www.federalregister.gov/documents/2015/10/22/2015-24954/national-pollutant-discharge-
elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the"Reporting Requirements" section above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the
Division. Requests for temporary electronic reporting waivers must be submitted in writing to the
Division for written approval at least sixty(60)days prior to the date the facility would be required under
this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall
not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be
submitted electronically to the Division unless the permittee re-applies for and is granted a new
temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not
transferrable. Only permittees with an approved reporting waiver request may submit monitoring data
and reports on paper to the Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on the
following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)l
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II,Section B.
(11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting
purposes.
For eDMR submissions,the person signing and submitting the DMR must obtain an eDMR user account
and login credentials to access the eDMR system. For more information on North Carolina's eDMR
system,registering for eDMR and obtaining an eDMR user account,please visit the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
Page 24 of 27
Permit NC0004308
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
5. Records Retention[Supplements Section D.(6.)1
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions.
These records or copies shall be maintained for a period of at least 3 years from the date of the report.
This period may be extended by request of the Director at any time [40 CFR 122.41].
C.(7.) MIXING ZONE (Outfall 012)
(a.) The mixing zone for outfall 012 consists of a circular area with a radius of 5.6 m from the diffuser.
(b.) Instream Sampling shall be collected as follows:
PARAMETER MONITORING REQUIREMENTS
Measurement Sample 1
Frequency Type Sample Location
pH Monthly Grab MZ1,MZ2,MZ3
Total Cyanide Monthly Grab MZ1,MZ2,MZ3
Total Fluoride Monthly Grab MZ1,MZ2,MZ3
Trichloroethylene(TCE) Monthly Grab MZ1,MZ2,MZ3
Footnote:
1. MZ1 - Lake Badin 20 feet from the diffuser on a parallel line projected from the diffuser. MZ2-Lake
Badin 20 feet from the diffuser on a perpendicular line projected from the diffuser(oriented SE). MZ3
- Lake Badin 20 feet from the diffuser on a perpendicular line projected from the diffuser (oriented
NW). For each instream sampling location, samples must be collected at the surface and at depth of
approximately 3.5 meters.
(c.) Sampling results shall be reported in the DMRs.See special condition C.(6.)
Page 25 of 27
Permit NC0004308
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r
Badin Business Park — Stanly County Location Map
Receiving Stream: Badin Lake(Yadkin River)and UT to Little Mountain Creek
Stream Classification: WS-IV CA&B and WS-IV 1�T T
River Basin: Yadkin/Pee Dee j V
Sub-Basin #: 03-07-08
USGS Quad #: F18NE,F18NW Badin&New London, NC NPDES Permit No. NC0004308
Page 26 of 27
Permit NC0004308
Table 1.Outfall Locations
Outfall Latitude Longitude
002 35°24' 29.89" 80°6' 54.48"
004 35°24' 11.58" 80° 7' 11.38"
005 35° 24' 9.25" 80° 7' 14.73"
011 35°24' 42.59" 80° 6' 53.49"
012 35°24' 43.13" 80° 6' 50.04"
013 35°24' 50.78" 80°6' 59.26"
017 35° 24' 9.04" 80° 7' 14.75"
018 35°24' 12.64" 80° 7' 34.48"
019 35° 24' 46.88" 80° 6' 16.53"
020 35°24' 31.45" 80° 6' 57.02"
022 35°24' 7.45" 80° 7' 23.99"
Page 27 of 27