HomeMy WebLinkAboutNCS000348_Application_20060806September 5, 2006
PRIMARY ENERGY - SOUTHPORT FACILITY
ATTN: TERRY BAKER, OR SUCCESSOR
PO BOX 10836
SOUTHPORT, NC 28461
Dear Permittee:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
SEP '0 6 2a
Subject: NPDES Stormwater Permit Renewal
Primary Energy - Southport Facility
Permit Number NCS000348
Brunswick County
Your facility is currently covered for stormwater discharge under NPDES Permit NCS000348. This permit expires
on April 30, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for
permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued
coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit.
To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed
you will find an individual permit renewal application form, supplemental information request, and Stormwater
Pollution Prevention Plan certification.
Filing the application form along with the requested supplemental information will constitute your application for
renewal of your permit. As stated above, the application form must be completed and returned along with all
requested information by in order for the permit to be renewed by April 30, 2007.
Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be
assessed depending on the delinquency of the request. Discharge of stormwater from your facility without
coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could
result in assessments of civil penalties of up to $25,000 per day.
If you have any questions regarding the permit renewal procedures please contact Mike Randall of the Stormwater
Permitting Unit at (919) 733-5083, ext. 545.
Sincerely,
Bradley Bennett, Supervisor
Stormwater Permitting Unit
cc: Central Files
Stormwater Permitting Unit Files
Wilmington Regional Office
No ` Carolina
tura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service
Internet: www.newaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
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Mr. Gary Hickey
Primary Energy of North Carolina LLC
PO Box 10836
Southpoint, NC 28461
Dear Mr. Hickey:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 10, 2008
Subject: NPDES Permit Renewal Application
Primary Energy — Southport Facility
Permit Number NCS000348
Individual Stormwater Permit
Brunswick County
The Division of Water Quality's Stormwater Permitting Unit (SPU) acknowledges receipt of
your renewal application for coverage under NPDES Permit Number NCS000348 on October 25, 2006.
We apologize for the lengthy delay in respondhig to your Submittal and are now making every effort to
review your permit renewal as expeditiously as possible. Our Unit anticipates making significant
progress on individual permits over the next six months to reduce our backlog.
We are currently beginning our review of your renewal application. Please continue to comply
with all conditions and monitoring requirements in your expired NPDES stormwater permit. As
long as you have submitted a complete renewal request package and maintain compliance with those
permit conditions, stormwater discharges from this facility are authorized by that permit until the
Division issues a renewal permit or notifies you of an alternative action.
No additional information is required at this time, but we may contact you in the future. Please
notify us if any significant changes have taken place at this facility since you submitted the renewal
package. If you have any questions about this matter, please contact me at (919) 807-6368
Sincerely
,
Brian C. Lowther
Environmental Engineer
Stormwater Permitting Unit
cc: Wilmington Regional Office
StoninAluter Permitting Unit riles
Central Files
Noce hCarolina
;atura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 30, 2010
Mr. Elton Gibbs
CPI USA Forth Carolina
PO 10836
Southport, North Carolina 28461
Subject: Final NPDES Stormwater Permit
Permit NCS000348
CPI USA North Carolina - Southport Plant
Brunswick County ..
Dear Mr. Gibbs:
In response to your renewal application for continued coverage under NPDES stormwater permit NCS000348,
the Division of Water Quality (Division) is forwarding herewith the subject state NPDES permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of
Agreement between North Carolina and the U.S. Environmental Protection agency dated October 15, 2007 (or as
subsequently amended).
This final permit includes no major changes from the draft permit sent to you on .March 9, 2010. However,
the owner name and facility was updated based on the Permit Name/Ownership Change Form previously
received on December 21, 2009.
The qualitative monitoring strategy remains the same (semi:annual) as the previous term of the permit. Please
note that analytical monitoring is also required in this permit. Failure to complete the monitoring as required is
a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act.
Reference Part 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 a113i harts, m(dasUM111 11t frequencies or Sampling requirements contained in this peunit ate uttac.cepLable to
you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt
of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447,
Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part III, 13.2. 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 of Water Quality or permits required by the
Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental
permit that may be required.
Wetlands and Stormwater Branch One
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NOFthCaI0i111a Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-6300 t FAX: 919-807-6494 \ Customer Service: 1-877-623-6748 ft+�)�
Internet: www.ncwaterquality.org ; f
An Eaual O000rtunity \ Affirmative Action Emolover
Mr. Elton Gibbs
Capital Power Operations (USA) Inc.
Permit No. NCS000348
If you have any questions or comments concerning this permit, contact Brian Lowther at (919) 807-6368 or
brian.lowther@ncdenr.gov.
Sincerely,
ORIGINAL SIGNED BY
KEN PICKLE -
for Coleen H. Sullins, Director
cc, Wgmmgton Regional Office, Water Quality Section
Mike Mitchell, EPA Region IV
$tormwater Permittir m Unit
Central Files
A o.m -its. NPDES Stormwater Permit NCS000348
2
NCS000348
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL P01,I1TTANT DISC"HARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
is hereby authorized to discharge stormwater from a facility located at
CPI USA North Carolina - Southport Plant
1281 Powerhouse Drive SE
Southport, NC
Brunswick County
to receiving waters designated as Price Creek, a class SC; Sw stream in.the Cape Fear River
Basin, in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts L II, III, IV, V and VI hereof.
This pen -nit shall become effective May 1, 2010.
This pen -nit and.the authorization to discharge shall expire at midnight on April 30, 2015.
Signed this day April 30, 2010.
for Coleen H. Sullins, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000348
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: Stonnwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements -
Section C: Qualitative Monitoring Requirements
Section D: On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
PERMITS
Section A: Compliance and Liability
1. Compliance Schedule
2. DUty/ to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
Section B: General Conditions
1. Individual Pon -nit Expiration
2. Transfers
i
Permit No. NCS000348
3. Signatory Requirements
4. Individual Permit Modification, Revocation and Reissuance, or
Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation arj Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring,R-.ports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10.
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
ii
Permit No. NCS000348
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the pen -nit and lasting until expiration, the
pernittee is authorized to discharge stonnwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this iennit.
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-N,PDES stonnwater
discharge permit requirements. Any owner or operator wishing to obtain '. No Exposure
Certification must submit a No Exposure Certification NOI form to the Division; must receive
approval by the Division, must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stonnwater permit; and must reapply for the No Exposure Exclusion once
every five (5) years.
SECTION D: PERMITTED ACTIVITIES
Until this pen -nit expires or is modified or revoked, the permittee is authorized to discharge
stonnwater to the surface waters of North Carolina or separate storm sewer system that has been
adequately treated and managed in accordance with the terms and conditions of this individual
permit. All stonnwater discharges shall be in accordance with the conditions of this pen -nit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stonnwater discharge or is covered by another permit, authorization, or approval.
The stonnwater discharges allowed by this individual permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the pennittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, oidet, judgment, or decree.
Part I Page 1 of 2
SECTION C: LOCATION MAP Permit No. NCS000348
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NCS000348
EPCOR USA North Carolina LLC.
Southport Facility
J
.
Lad to de: 330 56' 40" (J
0 0' 43" W Longitude:
78
r ? 6<
�a
J
County: Brun3oid:
Receiving Stream: Price Creek
Stream Class: SC; Sw
Map Sc,91e 1.'24,000
Sub -basin: 03-06-17 (C�pe Fear River Basin)
Facility Location
Part I Page 2 of 2
Permit No. NCS00348
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Storinwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public inforination in accordance with Par TH, Standard
Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a
minimum, the following items:
Site Plan. The site plan shall provide a description of the physical facility ar:J the
potential pollutant sources which may be expected to contribute to contamination. of
stortnwatcr discharges. The site plan shall contain the; following -
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the name of the receiving water(s) to which the
stonnwater outfall(s) discharges, or if the discharge is to a municipal separate
. storm sewer system, the name of the municipality and the ultimate receiving
waters, and accurate latitude and longitude of the point(s) of discharge. The
general location map (or alternatively the site map) "shall identify whether each
receiving water is impaired (on the state's 303(d) list of impaired waters) or is
located in a watershed for which a TMDL has been established, and what the
paraineter(s) of concern are.
North Carolina's 303(d) List can be found here:
http:i'/h2o.enr.state.nc.us/tmdl/General 303d.htm#Downloads
North Carolina TMDL documents can be found here:
http://h2o.enr.state.ne.us/tmdl/TMDL list.htm#Final TMDLs.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfall.
(c) A site snap drawn to scale (including a distance legend) showing: the site property
boundary, the stormwater discharge outfalls, all on=site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
Part 11 Page 1 of i l
Permit No. NCS00348
(e) Certification that the stonnwater 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. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
2. Storinwater Management Plan. The stormwater manageme: plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stonnwater, including structural and
nonstructural measures. The stormwater management plan, at a T"inimum, 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 stonnwater. Wherever practical, the perinittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stonnwater management plan shall document the feasibility of
diverting the stonnwater runoff away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater runoff. A table
or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices (which shall be
secured closed with a locking mechanism), and any stonnwater 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 the material stored within the containment area. Records
documenting the individual snaking the observation, the description of the
accumulated stormwater, and the date and time of the release shall be kept for a
period of five years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the.
selocted site BMPs. The BMP Summary shall be reviewed and updated atftrually.
Part II Page 2 of 11
Permit No. NCS00348
,s
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or the team) responsible for implementing the
SPRP shall be identified in a written list incorporated into the SPRP and signed and dated
by each individual'acknowledging their responsibilities for the plan. A responsible
person shall be on -site at all times during facility operations that have the potential to
contaminate stonnwater runoff through spills or exposure of materials associated with the
facility operations. T),& SPRP must be site stormwater specific. Therefore, an oil Spill
Prevention Control anti Countermeasure plan (SPCC) may be a component of the SPRP,
but may not be sufficient to completely address the stormwator aspects of the SPRP. The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed. The program shall list
all stornwater control systems, stonnwater 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 pres nt a potential for stonnwater exposure or stonnwater pollution.
Inspection of material handling areas and regular cleaning schedules of these areas shall
be incorporated into the program. Timely compliance with the established schedules for
inspections, maintenance. and housekeeping shall be recorded in writing and maintained
in the SPPP.
5, Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response
and cleanup, preventative maintenance activities, and for any of the facility's operations
that have the potential to contaminate stormwater runoff. Facility personnel (or team)
t-esponsible f0j: impleineating the tiainiug shall be identified, acid lheit mutual Liaining
shall be documented by the signature of each employee trained.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
7. Plan Amendment. The pennittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. All aspects of the Stormwater
Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual
update shall include an updated list of significant spills or leaks of pollutants for the
previous three years, or the notation that no spills have occurred. The annual update shall
include re ceililicutioti Thal the slounwalei outfalls have been evuluated foi the pteseitce
of non-stonnwater discharges. Each annual update shall include a re-evaluation of the
Part II Page 3 of 11
Pernut No. NCS00348
effectiveness- of the BMPs listed in the BMP Summary of the Stonnwater Management
Plan.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the pennittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 5) to the Director-t- at the changes
have been made.
8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual schedule, once during the first half of the year (January to June), and once
during the second half (July to December), with at least 60 days separating inspection
dates (unless performed more frequently than semi-annually). These facility inspections
are different from, and in addition to, the stonmwater discharge characteristic monitoring
required in Part II B, C and D of this permit.
9. Implementation. The permittee shall implement the Plan. Implementation of the Plan
shall include documentation of all monitoring, measurements, inspections, maintenance
activities, and training provided to employees, including the log of the sampling data ,and
of actions taken to implement BMPs associated with the industrial activities, including
vehicle maintenance activities. Such documentation shall be kept on -site for a period of
five years and made available to the Director or the Director's authorized representative
immediately upon request.
Part II Page 4 of 11
Permit No. NCS00348
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
analytical monitoring shall be perfonned during a representative stone event. The required
monitoring will result in a minimum of ten analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO).
A representative storm event is a storm e jent that measures greater than 0.1 inches of rainfall. The
time between this storm event and the previ6us storm event measuring greater than 0.1 inches must be at
least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For
example, if it rains but stops before producing a�.y collectable discharge, a sample may be collected if the
next rain producing a discharge begins within 10 hours.
'fable 1. Analytical Monitoring Requirements
Discharge '
Measurement
Sample
Sample
Characteristics
Units
Fre uenc 1
Type-
Location3
40 CFR Part 423 Appendix A:
Grab
SDO
13 Priority Pollutant Metals
µg/1
semi-annual
(Ag, As, Be, Cd, Cr, Cu, Hg,
Ni, Pb, Sb, Se, TI, Zn) 4
Af
µg/l
semi-annual
Grab
SDO
B
µg/l
semi-annual
Grab
SDO
COD
mg/l J
semi-annual
Grab
SDO
TSS
mg/1
semi-annual
Grab
SDO
Sulfate
mg/l
semi-annual
Grab
SDO
Oil and Grease (O&G)
mg/1
semi-annual
Grab
SDO
PII
standard
semi-annual
Grab
SDO
Total Rainfalls
inches
semi-annual
1 Rain Gauge
I -
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative
outfall status has been granted.
4 Mercury shall be analyzed by EPA Low-level detection method 1631E. This method also requires a field blank
be aualyLed. A benclunuik does not apply, however, values above 0.012 µg/1 should be noted on annual SDO
DMR reports to the Regional Office.
Part II Page 5 of 11
Permit No. NCS00348
5 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or
local rain gauge reading must be recorded.
The pennittee shall complete the minimum ten analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate each sample date
unless monthly monitoring has been instituted under a Tier Two response.
Table 2. Monitorin � -Schedule
Monitoring eriodi'2
Sample Number
Start
End
Year 1 Period 1
Year 1 — Period 2
1
2
May 1, 2010
November 1, 2010
October 31, 2010
April 30, 2011
Year 2 — Period 1
3
May 1, 2011
October 31, 2011
Year 2 — Period 2
Year 3 — Period 1
4
5
November 1, 2011
May 1, 2012
April 30,-2012
October 31, 2012
Year.,3 — Period 2
6
November 1, 2012
April 30, 2013
Year 4 — Period 1
7
May 1, 2013
October 31, 2013
Year 4 — Period 2
8
November 1, 2013
April 30, 2014
Year 5 — Period 1
9
May 1, 2014
October 31, 2014
Year 5 — Period 2
10.
November 1, 2014
April 30, 201.5
Footnotes:
1 Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual
monitoring until the renewed permit is issued.
2 If no discharge occurs during the sampling period, the pennittee must submit a monitoring report indicating "No
Flow" within 30 days of the eiid of the six-month sampling period.
The permittee shall report the analytical results from the first sample with valid results within the
monitoring period. In addition, a separate signed Annual Summary DMR copy shall be
submitted to the local DWQ Regional Office (RO) by March 1 of each year. The pen-nittee
shall compare monitoring results to the benchmark values in Table 3. The benchmark values in
Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater
Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to
increase monitoring, increase management actions, increase record keeping, and/or install
stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions
of Tier One and Tier Two.
Part II Page 6 of 11
Permit No. NCS00348
Table 3. Benchmark Values for Analvtieal Monitoring
Discharge Characteristics
Units
Benchmark
Aluminum
mg/l
N/A
Antimony
mg/l
N/A
Arsenic
t=1
01,0 _9
Beryllium
mg/1
N/A
Boron
mg/l
N/A
Cadmium
0.040
Chromium
1.
Copper
Lead
Y `I
r .�±'''
W:,0
Mercury
µg/l
N/A
Nickel
%'1
0,075
Selenium
, „
0'/_ ttr
Silver,
Thallium
mg/1
N/A
Zinc
z;_
t j�
COD
mg/1
120
TSS
mg/l
` . 100
Sulfate
mg/l
500
O&G
mg/l
30
pH.(see fuvinvCe 2)6
E" - <, ._?
Footnotes:
1 No saltwater data available to calculate a benchmark.
2 If pH values outside this range are recorded in sampled stonnwater discharges, but ambient rainfall data
indicate precipitation pH levels are within + 0.1 standard units of the measured discharge values or
lower, then the lower threshold of this benchmark range does not apply. Readings from an on -site or local rain
gauge (or local precipitation data) must be documented to demonstrate background concentrations were below
the benchmark pH range.
Part II Page 7 of 11
Permit No. NCS00348
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark
ranee. for anv barameter at anv outfall:
Then: The permittee shall:
1. Conduct a stonnwater manac ement inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential, and select the .specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring
concentrations to 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 Stonnwater Pollution Prevention Plan.
Include the date and value of the benchmark exceedence, the inspection date, the personnel
conducting the inspection, the selected actions, and the date the selected actions were
1111plemented.
Tier Two
If: During the term of this pennit, 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, (except mercury) at every
outfall where a sampling result exceeded the benchmark value for two consecutive samples.
Monthly (analytical and qualitative) monitoring shall continue until three consecutive
sample results are below the benchmark values, or within the benchmark range, for all
parameters at that outfall.
3. If no discharge occurs during the sampling period, the permittee is required to submit a
monthly monitoring report indicating "No Flow."
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
Part II Page 8 of 11
Permit No. NCS00348
During the term of this permit, if the valid sampling results required for the permit monitoring
periods exceed the benchmark value, or are outside the benchmark range, for any specific
parameter at any specific outfall on four occasions, the pennittee shall notify the DWQ
Wilmington 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 pennittee increase or decrease [lie monitoring frequency for the
remainder of the permit;
® Work with the pennittee to develop alternative response strategies;
® Require the pennittee to install structural stornwater controls;
® Require the pennittee to implement other stornwater control measures; or
® Require that the pennittee implement site modifications to qualify for the No Exposure
Exclusion.
Part II Page 9 of 11
Permit No. NCS00348
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified in Table 4, during the analytical
monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the
Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution.
In the event an atypical condition is noted at._u stonnwater discharge outfall, the pennittee shall
document the suspected cause of the condition and any actions taken in response to the
discovery. This documentation will be maintained with the SPPP,
Table 4. Qualitative Monitoring Requirements
Discharge Characteristics
Frequencyi
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 stonnwater pollution
semi-annual..
SDO
Fnntnnte.q,
Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the pennittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
pennittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55
gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 5. This monitoring shall be perfonned at all
stormwater discharge outfalls which discharge stonnwater runoff from vehicle maintenance areas
and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring
shall be performed during a representative stone event.
PartII Page 10 of 11
Permit No. NCS00348
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Sample
.
Sample
Fre uenc 1
T e2
Location3
pH
standard
semi-annual
Grab
SDO
Total Petroleum Hydrocarbons
mg/1
semi-annual
Grab
SDO
EPA Method 1664 (SGT-HEM)
Total Suspended Solids
mg/1
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual
Raja gauge
New Motor Oil Usage
gallons/month
semi-annual
Estimate
-
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event, for each year until dither anothei
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this pernitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi -animal monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge from the pond.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur. -
4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain
gauge reading must be recorded.
Monitoring results shall be compared to.the benchmark values in Table 6:_ The benchmark
values in Table 6 are not perinit limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), as provided in Part II Section B.
`fable 6. Benchmark Values for Vehicle Maintenance Analytical Moni
Discharge Characteristics
Units
Benchmark
pH (see footnote 1)
standard
6-9�
Total Petroleum Hydrocarbons (TPH)
mg/L
15
Total Suspended Solids
mg/L
100
itoring
Footnotes:
1 If pH values outside this range are recorded in sampled stormwater discharges, but ambient rainfall data
indicate precipitation pH levels are within _+ 0.1 standard units of the measured values or lower, then the
lower threshold of this benchmark range does not apply. Readings from an on -site or local rain gauge (or local
precipitation data) must be documented to demonstrate background concentrations were below the normal pH
range.
Part 11 Page 11 of 11
Permit No. NCS00348
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the
initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II,
Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of
the initial permit issuance.
New P acilities applying for coverage for the first time and existing facilities previously permitted and
applying for renewal under this permit: The Stormwater-Pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from the operation of the industrial activity and be
;updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph
2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the
industrial activity.
Duty to Comply
The permittee must comply with all conditions of this individual permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants within the time provided, in the regulations that establish these
standards or prohibitions, even if the permit'has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any
petrnit condition is subject to ciiirunal penalties of $2,500 to 25,000 por day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum
amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR
122.41(a).]
C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A].
d. Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307, 308, 318 or 405 of the Act, or any pen -nit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class
I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $25,000. Penalties fbr Class II violations are not to exceed
Part III Page 1 of 8
Permit No. NCS00348
$10,000 per day for each day during which the violation continues, with the maximum amount of
any Class II penalty not to exceed $125,000.
Duty to Mitigate
The permitteeshalltake all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the environment.
4. Civil and Crimizial Liability
Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143-
215.6C or Sectiru 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 individual permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Ri6ts
The issuance of this individual permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
Severability
The provisions of this individual pen -nit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
Duty to Provide Infonnation
The'permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
permit issued pursuant to this individual permit or to determine compliance with this individual permit. The
permittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit.
Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this individual permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more
than two years pei violation, of by both. If a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of
violation, or by imprisonment of not more than 4 years, or both.
Part III Page 2 of 8
Permit No. NCS00348
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this individual
permit; including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years
per violation, or by both.
SECTION B: GENERAL CONDITIONS
Individual Permit I x irp ation
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be
subjected to enforcement procedures as provided in NCGS § 143-215.6 and 33 USC 1251 et. seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is
required to notify the Division in writing in the event the permitted facility is sold or closed.
Signatory Requirements
All applications, reports; or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) In the case of a corporation: by a principal executive officer of at least the level of vice-
president, or his duly authorized representative, if such representative is responsible for
the overall operation of the facility from which the discharge described in the permit
application form origiliates;
(2) In the case of a partnership or limited partnership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state, or other public entity: by a principal executive officer,
ranking elected official, or other duly authorized employee.
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing bya person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of'plant
manager, operator of a well or well field, superintendent, a position of equivalent
Part III Page 3 of 8
Permit No. NCS00348
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
C. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify, under pc -salty 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 thesystem, or those persons directly responsible for gathering the
information, the inf?nnation submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
Individual Permit Modification Revocation and Reissuance or Termination
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing the individual permit, or terminating the individual pennit 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.
Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated nonco i1: ranee does not stay any individual permit condition.
SECTIO C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
contiol (acid ielated apputteuauces) which ate installed of used by the pertnittee to achieve compliance with
the conditions of this individual permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation
is necessary to achieve compliance with the conditions of this individual permit.
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this individual permit.
Bti an ssing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
Part 111 Page 4 of 8
Permit No. NCS00348
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance;, and
C. The permittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONIT-ORING AND RECORDS
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the
requirements of this individual permit, the permittee shall record the following information:
a. The ,-late, exact place, and time of sampling, measurements, inspection or maintenance activity;
b. They individual(s) who performed the sampling, measurements, inspection or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The, analytical techniques or methods used; and
f. The results of such analyses.
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.
Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant
to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136.
Part III Page. 5 of 8
Permit No. NCS00348
To meet the intent of the monitoring required by this individual permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure.
5. 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.
b. Records Retention
Visual monitoring shall be documented ^nd records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, .including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this individual permit for a period Of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case.ef a facility which discharges through a municipal
separate storm sewer system, an authorizes', 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 premix' e.--where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this individual permit;
b. Have access to and copy,, at reasonable times, any records that must be kept under the conditions of
this individual permit;
C. Inspect at reasonable times any facilities-,, equipment (including monitoring and control equipment),
practices, or operations regulated or, required under this individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director. 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 three-month sampling period, giving
all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
Part III Page 6 of 8
Permit No. NCS00348
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report (QMR) 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.
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address:
Division of Water Quality
Surface Water Protection Section
ATTENTION. Cential Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
In addition, a separate signed Annual Summary DMR copy shall be submitted to the perinittee's DWQ
Regional Office (RO) by March 1 of each year.
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 [lie Division of Water Quality. As required by the Act, analytical .data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the stonn event monitor-d in accordance with this individual permit coincides. with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this information with the stormwater discharge monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any.planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the individual pet nit ut sut.ject to
notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice_ to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the individual permit requirements.
7. Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
Part III Page 7 of 8
Permit No. NCS00348
8. Twenty-four Hour Reoortin
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 t1 noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and: steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case a; ,is if the oral report has been received
within 24 hours.
9. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in an application for an
individual permit or in any report to the Director, it shalfpromptly submit such facts or infonnation.
Part III Page 8 of 8
NCS000348
PART IV LIMITATIONS REOPENER
This individual permit shall be modified or alternatively, revoked and reissued; to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and
307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued -or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit; or
-°t
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by
the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this
Division to initiate action to revoke the individual permit.
PART VI DEFINITIONS
1. Act z
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values divided by the number of
individual values.
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
4. Best Management Practices (BMPs)
McZISLUe8 or PUKAices used to ic:ducc the zunouut ofpolhltioii entering surface waters. BMPs ivay take the
form of a process, activity, or physical structure.
Parts IV, V and VI Page 1 of 5
Permit No. NCS00348
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-; i-oducts with a single above ground
storage container having a capacity of greater than 660 gallons or wit'', 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. Clean Water Act
The Federal Water PollutionControlAct, also known as the. Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
8. Division or DWQ
The Division of Water Quality, Department ofEnvironment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively
monitored must be taken within the first 30 minutes of discharge,
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or
a surface storage facility.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or town.
15. No Ex osure
A condition of no exposure means that all industrial materials and activities ate hiotected by a stoiin
tesistaut shelter or acceptable storage containers to prevent exposure to iaiu, snow, suowtnelt, or runoff.
Industrial materials or activities include, but are not limited to, material handling equipment or activities,
Part VI Page 2 of 5 Pages
Permit No. NCS00348
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terms and conditions described in 40 CFR § 122.26(g).
16. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding
topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations.
17. Permittee
The owner or operator issued a permit pursuant to this individual permit.
18. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch,
chfumel, tumiel, conduit, well, or discrete Assure from which stormNvater is or may be discharged to waters
of the state.
19. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at _least 72 hours in which no
storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive
hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours.
20. Representative Outfall Status
When it is established that the discharge of stormwater :� inoff 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 moni goring at a reduced number of outfalls.
21. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse
waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters
utilizing any type of detergent or cleaning agent.
22. 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.
23. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting
requirements; and
C. That meets at least one of the following criteria:
Part VI Page 3 of 5 Pages
Permit No. NCS00348
(1) Is listed in Appendix D of 40 CFR part 122 on Table II (organic priority pollutants),
Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and
hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
�3) , Is a pollutant for which EPA has published acute or cl onic water quality criteria.
24. Severe Property Damage
Means substri,tial physical damage to property, damage to the control facilities which causes them to
become ,ioperable, 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.
25. 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.
26. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under sec ;;c-- 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snov,Amnelt.
28. Stouuwatei Asso( iat(,d with Itidustiial 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.
29. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and
is based on an evaluation of the pollution potential of the site.
30. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten
years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control
I'laiming and Design Manual.
Part VI Page 4 of 5 Pages
Permit No. NCS00348
31. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be
either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the
amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the
measurement of flow at 20 minute intervals during the rainfall event.
32. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant That a waterbody can receive and still meet
water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed
water quality assessment that provides the scientific foundation for ar implementation plan. The
implementation plan outlines the steps necessary to reduce pollitant loads in a certain body of water to
restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes
the water quality standards and TMDL programs.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. Upset
Means an exceptional incident in which there is unintentional and temporary noncompliance with
technology based permit effluent limitations because of factors beyond the reasonable. control of the
permittee. An upset does not include noncompliance to the extent caused by operational error, improperly
designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
35. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs; painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations. 7 .
36. 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.
37. 25-year. 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part VI Page 5 of 5 Pages
NCS000348
�F W A.rEhj Michael F. Easley, Governor
` William G, Ross Jr., Secretary
�i North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
D(Ra-1 > Division of Water Quality
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Facility Name:
EPCOR USA North Carolina LLC.
NPDES Permit Number:
NCS000348
Facility Location:
1281 Powerhouse Drive Southport, NC (Brunswick County)
Type of Activity:
Power Plant
SIC Code:
4911
Receiving Streams:
See Figure 1
River Basin:
Cape Fear River Basin, Sub -basin 03-06-17
Stream Classification:
SC; Sw
Proposed Permit Requirements:
See attached draft permit.
Monitoring Data:
See Table 1
Response Requested by (Date):
Central Office Staff Contact:
Return to: Brian Lowther, (919) 807-6368
Special Issues:
Issue
Rating Scale: 1(easy) to 10(hard)
Compliance history
5
Benchmark exceedance
2
Location (TMDL, ME
species, etc)
5
Other Challenges:
n Consistency with
PP Permits
9
Difficulty Rating:
21/40
Special Issues Explanation:
o During this permit renewal DWQ has significantly increased efforts to more closely monitor the
power plant industry to evaluate potential impacts to stormwater (see file).
Description of Onsite Activities:
o Potentially exposed materials at the plant include coal, petroleum products stored in existing ASTs,
water treatment chemicals and ash. Coal for the boiler plant is stored outside in the coal pile and coal pile
runoff is treated in the low volume wastewater system prior to discharge.
a.
Documents Reviewed:
• NPDES Stormwater Permit Applic.dtiun Mdlerials
o National Heritage Program (NHP) Threatened and Endangered Species Database
o SPU File
Page 1 of 10
NCS000348
0 Central Files
0 EPA Sector -Specific Permit, 2008, "Sector 0 — Steam Electric Generating Facilities"
0 303(d) List, 2008 draft, 2006 final
0 2006 Roanoke Basinwide Plan
History:
® April 12, 2002: Date permit first issued. Analytical monitoring includes TSS and COD. Monitoring was
done annually for the first 3 years and quarterly for the 4t" year.
® September 5, 2006: Renewal permit reminder letter sent to permittee.
® October 25, 2006: Date permittee submitted renewal application
® April 7, 2008: Email from James Moore with future site changes.
® Api it 9, 2008. Eindil response by Ken Pickle of Lhe site rnodific.dtions.
Page 2 of 10