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HomeMy WebLinkAboutNCS000348_Application_20150518[Fwd: Re: NC Emissions Control Project - Stormwater Permit - NC... Subject: [Fwd: Re: NC Emissions Control Project - Stormwater Permit - NCDENR Input Request] From: Bradley Bennett <Bradley.Bennett@ncmail.net> Date: Mon, 07 Apr 2008 09:14:25 -0400 To: Ken Pickle <ken.pickle@ncmail.net>, Bethany Georgoulias<bethany. georgoulias@ncmail. net> Can you guys take a look at this and see how you think we need to respond. Thanks :: -------- Original Message-------- Subject:Re: NC Emissions Control Project - Stormwater Permit - NCDENR Input Request Date:Mon, 07 Apr 2008 08:54:54 -0400 From:Aisha Lau <Aisliu.Lau(cr)iictriu.il.tieC- To:Moore, James <jmoore cr,epcorusa.com>, Bradley Bennett<Bradley.Bennett(cr�,ncmai1.net> CC:Thorley, Tom <tthorley c,epcorusa.com>, Linda Willis <Linda.WiIli s(a@cmail.net> References: <460BA1 A9.4090809@cmail.net> <460BA760.3030204 a ncmail.net> <9C9AA2993E9F8D4D9A3 8A8BE 1 BE2BF6COEE29OD5@peemail.priniaryenergy.local> <1.974111.778866A458A4256DBF3653EO303475E26 a,peemail.primarycncrgy.local> Hello Jim, Since I'm no longer working with the central office's stormwater permitting unit I'm sending this response to my old supervisor, Bradley Bennett. Either he, or someone else in the unit will get back to you about it as soon as they are able. I have also cc:d my coworker here in Wilmington Regional Office, Linda Willis, about it since she will most likely be consulted by the central office regarding your Southport facility before they respond to You. Take care, Aisha Moore, James wrote: Aisha: Re: EPCOR USA - North Carolina Plants - Future Changes - Permit Issue Input Request I wanted to inform you of changes we are planning to the Southport ( Stormwater Permit # NCS000348 ) and Roxboro ( Stormwater Permit # NCS000347 ) plants to address future operation as impacted by both business and environmental regulations ( CAIR ). The project changes are under design finalization for installation completion by early 2009. Your review of the proposed changes as discussed below would he appreciated If you or an appropriate person could please advise us of what actions you see are required to address these changes in our Stormwater permits. As you may know, we submitted Stormwater Permit renewal applications at the end of 2006, but have not as of yet received the final permits for either plant. I wanted you to have this information 1 of 4 4/7/2008 9:27 AM [Fwd: Re: NC Emissions Control Project - Stormwater Permit - NC... as it may affect your permit renewal process. As a quick review of our Southport and Roxboro plants, both are power generation facilities that burn coal, tire -derived fuel (TDF) and unadulterated wood to produce steam and electrical power. The electricity generated is sold to the Grid, the steam at the Southport facility is also sold to a host. A summary of the future changes under consideration involves the following: Installation of a SNCR ( selective non -catalytic reduction ) ammonia injection for NOx Reduction The SNCR system will include 1 or 2 NH3 storage tanks to supply NH3 to the SNCR in the boiler off -gas ducts The injected NH3 will be consumed in the process Design will provide isolation from the wastewater systems and stormwater contact Installation of an Adsorbent hilec;tlon System ( sodium c:arboliale ) fur SO2 cuirlrul The sodium carbonate is a powder which will be pneumatically injected into the boiler & off -gas duct Design will provide isolation of adsorbent fines from reaching wastewater system and stormwater contact Installation of Fuel Processing Equipment - grinders and additional conveyors The fuel grinder will handle off -spec wood The addltlonal conveyors wll transport additional alternative fuels ( lira derived fuel and wuud ) Design will be to contain fuel fines in the fuel yard Design will contain yard run-off and direct it through the wastewater treatment system Summary of Impact Assessment of the above future changes to Stormwater Management: - The SNCR ammonia system will be designed to isolate the NH3 from any release that could be exposed to rainwater resulting in contaminated run-off - The SO2 adsorbent system will be designed as a closed system to prevent any release that that could be exposed to rainwater resulting in contaminated run-off - All fuel storage areas ( fuel yard ) will have perimeter drainage ditches to transport run-off to the wastewater system for treatment ( solids settling and removal ) prior to discharge via the NPDES permitted outfalls - The fuel processing equipment will be designed and operated within the fuel yard to control fugitive solids to prevent entrainment in rainwater resulting in transport of fuel solids off -site I look forward to your input on these changes regarding application and permit issues... Thank you. Jim James C. Moore Corporate Director EHS, Primary Energy 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 Mobile: 630-981-1355 Fax: 630-371-0673 Email: Imoore�primaryenergy.com From: Moore, James Sent: Thursday, March 29, 2007 7:11 AM To: Aisha Lau Cc: Shackelford, Ruffin; Ennen, Don; Hall, Mark; Reick, Amy Subject: RX - Stormwater Permit NCS000347 - Renewal Update Aisha Lau 2 of 4 4/7/2008 9:27 AM [Fwd: Re: NC Emissions Control Project - Stormwater Permit - NC... N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 578 Fax: (919) 733-9612 email: aisha.lau a-,nemail.net Aisha: Subject: Roxboro - Stormwater Permit NCS000347 - Renewal Update Thank you for your reply. We appreciate your efforts to renew our Roxboro stormwater permit. Please do not hesitate to call or email'should you need any information for your renewal process. Jim James C. Moore Corporate Director EHS, Primary Energy 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 Mobile: 630-981-1355 Fax: 630-371-0673 Email: jmoore (,primaryenergy.com -----Original Message ----- From: Aisha Lau [mailto:aisha.lau@ncmail.net] Sent: Thursday, March 29, 2007 6:48 AM To: Moore, James Subject: Re: [Fwd: Roxboro - Stormwater Permit NCS000347 - Renewal Update] Hello Jim, Mike Randall forwarded your informal.ion request to my attention for response. A check of our database showed that your renewal package was received by my section on 10/31/06, which was in a timely manner. However, since my section is currently very backlogged in our individual permit renewals your renewal hasn't been assigned to an engineer for review yet. Soon after it has been assigned you will receive an acknowledgement letter from the engineer providing a timeline for the permit's reissuance. In the interim period before your permit is reissued please continue to operate as usual under your either soon to be expired or expired permit. If you have any additional questions don't hesitate to ask. Sincerely, Aisha Aisha Lau N.C. Division of Water Quality Stormwater Permitting Unit 3 of 4 4/7/2008 9:27 AM [Fwd: Re: NC Emissions Control Project - Stormwater Permit - NC... 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 578 Fax: (919) 733-9612 email: aisha.lau@ncmail.net Website: http://h2o.enr.state.nc.us/su/stormwater.html Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has. Margaret Mead P Please consider the environment before printing this e-mail NOTICE: This e-mail message and any attachment is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the authorized employee or agent responsible for the delivery of this message to the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me by reply and delete this message from your computer without retaining a copy thereof. Please note that if this message is forwarded or a reply to a prior message, some or all of the attachments and other contents may not have been produced by the sender. Thank you. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. 4 of 4 4/7/2008 9:27 AM [Fwd: Re: [Fwd: Re: NC Emissions Control Project - Stormwater Perm... Subject: [Fwd: Re: [Fwd: Re: NC Emissions Control Project - Stormwater Permit - NCDENR Input Request]] From: Bethany Georgoulias<Bethany.Georgoulias@ncmail.net> Date: Wed, 09 Apr 2008 08:54:43 -0400 To: Kelly Johnson <Kelly.P.Johnson@ncmail.net>, Ken Pickle <ken.pickle@ncmail.net> CC: Bradley Bennett <Bradley.Bennett@ncmail.net> Okay, thanks for sending a response, Ken. I don't have anything to add, except maybe to advise Mr. Moore to consider what additional stormwater contaminants these changes have prompted and be prepared to work with the reviewer on how to address them in the permit. Kelly, could you..i2,dd a copy of Ken's input to these individual permit renewal files (NCS000348 & -3 ? I think I already gave you the info. that Mr. Moore sent for each of these Ales. Thanks! BG -------- Original Message -------- Subject: Re: [Fwd: Re: NC Emissions Control Project - Stormwater Permit - NCDENR Input Request] Date: Wed, 09 Apr 2008 08:47:11 -0400 From: Ken Pickle <ken.pickle@ncmail.net> To: Bethany Georgoulias<Bethany.Georgoulias@ncmail.net> CC: Bradley Bennett <Bradley.Bennett@ncmail.net> References: <47FA1E31.60703@ncmail.net> <47FA2125.1090903@ncmail.net> BG, I concur that placing the info in the review file is the appropriate action now. Mr. Moore asks for a response on the plant additions planned, but we really can't give him any substantive response based on his email description of the changes. Any meaningful response from us must be in the context of the full review, not in the context of an email description. So, when we do pick up the file, that's the time for the reviewer to see if these changes might affect the sw permit. New materials on site appear to be: ammonia for NOx al`)RC`rbtiori (po,-iiibly Rt-ored in the form of Fiqur-o'ws &mrrtorritt, et 29% supersaturated pressurized liquid; or in the form of just the gas NH3 in pressurized tanks) and I wonder if the NOx absorbtion will result in a HNO3 byproduct or conversion of the gaseous NOx into a deposited solid that might be transported to the receiving water; Na(CO3)2 for S02 absorbtion - first guess is that this is an innocuous material, although whether there is a resulting H2SO4 product from the reaction is beyond my knowledge; addition of a grinder makes me wonder if there will be piles of wood chips or sawdust that might argue for TSS or COD monitoring to detect wood waste leachate. But, again, at this point we can't really give Mr. Moore a substantive response on whether these materials will affect his stormwater permit. Further, I concur that he does have an obligation to update the SPPP, and which obligation is identified in his current permit. I'll send Mr. Moore an email on these two points: He must update the SPPP, and we're not prepared without full review to suggest how/if the additional industrial activities may affect the requirements of the renewed permit. Additional thoughts? Ken Bethany Georgoulias wrote: 1 of 6 4/9/2008 10:56 AM [Fwd: Re: [Fwd: Re: NC Emissions Control Project - Stormwater Perm... Bradley, I think this is information the permit engineer needs for the renewal permits, but I'm not sure there's any other action that's necessary right now. I'll make sure these get into the files in Kelly's cabinet (these haven't been assigned yet). As long as the existing SPPP is updated to reflect the changes in the meantime, I don't think the company needs to do anything else. Ken, thoughts? -BG Bradley Bennett wrote: Can you guys take a look at this and see how you think we need to respond. Thanks BB -------- Original Message -------- Subject: Re: NC Emissions Control Project - Stormwater Permit NCDENR Input Request Date: Mon, 07 Apr 2008 08:54:54 -0400 From: Aisha Lau <Aisha.Lau@ncmail.net> To: Moore, James <jmoore@epcorusa.com>, Bradley Bennett <Bradley.Bennett@ncmail.net> CC: Thorley, Tom <tthorley@epcorusa.com>, Linda Willis <Linda.Willis@ncmail.net> References: <460BA1A9.4090809@ncmail.net> <460BA760.3030204@ncmail.net> <9C9AA2993E9F8D4D9A38A8BE1BE2BF6COEE290D5@peemail.primaryenergy.local> <1974111778866A458A4256DDF3G53E0303475E2G@peemail.primaryenergy.lucal> Hello Jim, Since I'm no longer working with the central office's stormwater permitting unit I'm sending this response to my old supervisor, Bradley Bennett. Either he, or someone else in the unit will get back to you about it as soon as they are able. I have also cc:d my coworker here in Wilmington Regional Office, Linda Willis, about it since she will most likely be consulted by the central office regarding your Southport facility before they respond to you. Take care, Aisha Moore, James wrote: Aisha: * * *Re: **EPCOR USA - North Carolina Plants - Future Changes - Permit Issue Input Request* I wanted to inform you of changes we are planning to the Southport ( Stormwater Permit # NCS000348 ) and Roxboro ( Stormwater Permit # NCS000347 ) plants to address future operation as impacted by both business and environmental regulations ( CAIR ). The project changes are under design finalization for installation completion by early 2009. Your iev.iew oL Lhe proposed changes as discussed below would be appreciated. If you of ai appiopiiaLe peison could please advise us of whaL acLiuns you see are required to address these changes in our Stormwater permits. As you may know, we submitted Stormwater Permit renewal applications at the end of 2 of 6 4/9/2008 10:56 AM [Fwd: Re: [Fwd: Re: NC Emissions Control Project - Stormwater Perm... 2006, but have not as of yet received the final permits for either plant. I wanted you to have this information as it may affect your permit renewal process. As a quick review of our Southport and Roxboro plants, both are power generation facilities that burn coal, tire -derived fuel (TDF) and unadulterated wood to produce steam and electrical power. The electricity generated is sold to the Grid, the steam at the Southport facility is also sold to a host. A summary of the future changes under consideration involves the following: *_Installation of a SNCR_* ( selective non -catalytic reduction ) ammonia injection for NOx Reduction The SNCR system will include 1 or 2 NH3 storage tanks to supply NH3 to the SNCR in the boiler off -gas ducts The injected NH3 will be consumed in the process Design will provide isolation from the wastewater systems and stormwater contact - *_Installation of an Adsorbent Injection System_* ( sodium carbonate ) for SO2 control The sodium carbonate is a powder which will be pneumatically injected into the boiler & off -gas duct Design will provide isolation of adsorbent fines from reaching wastewa �r system and stormwater contact * Installation of Fuel Processing Equipment_* - grinders and additionz conveyors The fuel grinder will handle off -spec wood The additional conveyors will transport additional alternative fuels ( tir derived fuel and wood ) Design will be to contain fuel fines in the fuel yard Design will contain yard run-off and direct it through the wastewater treatment system *Summary of Impact Assessment of the above future changes to Stormwater Management:* - The SNCR ammonia system will be designed to isolate the NH3 from any release that could be exposed to rainwater resulting in contaminated run-off - The SO2 adsorbent system will be designed as a closed system to prevent any release that that could be exposed to rainwater resulting in contaminated run-off - All fuel storage areas ( fuel yard ) will have perimeter drainage ditches to transport run-off to the wastewater system for treatment ( solids settling and removal ) prior to discharge via the NPDES permitted outfalls - The fuel processing equipment will be designed and operated within the fuol yard to control fugitivo colido to provont ontrainmont in rainwator resulting in transport of fuol solids off -site I look forward to your input on these changes regarding application and 3 of 6 4/9/2008 10:56 AM [Fwd: Re: [Fwd: Re: NC Emissions Control Project - Stormwater Perm... permit issues... Thank you. Jim James C. Moore Corporate Director EHS, Primary Energy 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 Mobile: 630-981-1355 Fax: 630-371-0673 ElCiail- jICCUCII.tlQPYlICli11yUll(iig.y.UUICL <.ICIJilLU: JICCUUi( �jJIlICLAIyCilE1(Jy.UUICC% ------------------------------------------------------------------------ *From:* Moore, James *Sent:* Thursday, March 29, 2007 7:11 AM *To:* Aisha Lau *Cc:* Shackelford, Ruffin; Ennen, Don; Hall, Mark; Roick, Amy *Subject:* RX - Stormwater Permit NCS000347 - Renewal Update Aisha Lau N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 578 Fax: (919) 733-9612 email: aisha.lau@ncmaii.net Aisha: *Subject: Roxboro - Stormwater Permit NCS000347 - Renewal Update* Thank you for your reply. We appreciate your efforts to renew our Roxboro stormwater permit. Please do not hesitate to call or email should you need any information for your renewal process. Jim James C. Moore Corporate Director EHS, Primary Energy 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 4 of 6 4/9/2008 10:56 AM [Fwd: Re: [Fwd: Re: NC Emissions Control Project - Stormwater Perm... Mobile: 630-981-1355 Fax: 630-371-0673 Email: jmoore@primaryenergy.com -----Original Message ----- From: Aisha Lau [mailto:aisha.lau@ncmail.net] Sent: Thursday, March 29, 2007 6:48 AM To: Moore, James Subject: Re: [Fwd: Roxboro - Stormwater Permit NCS000347 - Renewal Update] Hello Jim, Mike Randall forwarded your information request to my attention for response. A check of our database showed that your renewal package was received by my section on 10/31/06, which was in a timely manner. However, since my section is currently very backlogged in our individual permit renewals your renewal hasn't been assigned to an engineer for review yet. Soon after it has been assigned you will receive an acknowledgement letter from the engineer providing a timeline for the permit's reissuance. In the interim period before your permit is reissued please continue to operate as usual under your either soon to be expired or expired permit. If you have any additional questions don't hesitate to ask. Sincerely, Aisha Aisha Lau N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 578 Fax: (919) 733-9612 email: aisha.lau@ncmail.net Website: http://h2o.enr.state.nc.us/su/stormwater.html Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has Margaret Mead 5 of 6 4/9/2008 10:56 AM [Fwd: Re: [Fwd: Re: NC Emissions Control Project - Stormwater Perm... P Please consider the environment before printing this e-mail ********************************************************************** NOTICE: This e-mail message and any attachment is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the authorized employee or agent responsible for the delivery of this message to the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me by reply and delete this message from your computer without retaining a copy thereof. Please note that if this message is forwarded or a reply to a prior message, some or all of the attachments and other contents may not have been produced by the sender. Thank you. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. ********************************************************************** Bethany Georgoulias Environmental Engineer NC DENR Division of Water Quality Stormwater Permitting Unit tel. (919) 733-5083, ext. 529 fax (919) 733-9612 6 of 6 4/9/2008 10:56 AM [Fwd: Roxboro and Southport site modifications] Subject: [Fwd: Roxboro and Southport site modifications] From: Bethany Georgoulias<Bethany.Georgoulias@ncmail.net> Date: Wed, 09 Apr 2008 09:13:35 -0400 To: Kelly Johnson <Kelly.P.Johnson@ncmail.net> Probably want to add this to those permit files (NCS000348 & 3„� as well. Thanks! -------- Original Message -------- Subject: Roxboro and Southport site modifications Date: Wed, 09 Apr 2008 09:12:19 -0400 From: Ken Pickle <ken.pickle@ncmail.net> To: jmoore@primaryenergy.com CC: aisha Lau <aisha.lau@ncmail.net>, Bethany Georgoulias <bethany.georgoulias@ncmail.net>, Bradley Bennett <Bradley.Bennett@ncmail.net> Mr. Moore, Aisha Lau in the DWQ Wilmington office has forwarded your information and questions to us in the Stormwater Permitting Unit. We're happy to provide responses on the following three points with respect to your stormwater permits at these two sites. a) At each site you already have a Stormwater Pollution Prevention Plan. Your obligation is to update each SPPP to reflect any significant changes at the site that may affect stormwater runoff or the potential for exposure of materials or processes to incident rainfall or stormwater runoff. b) While the expired permit is in review (and as Aisha reports, we have a substantial backlog), please continue to abide by the provisions of the permit. c) As to the new site activities and materials resulting from the addition of ammonia, sodium carbonate, and a grinder, we cannot offer a comment on how these may affect our revision/renewal of your permit based only on your email description of the changes. At the time that we actively begin to process your renewals, staff from our office will evaluate those changes in the context of the active review process. Very generally, we will want to know what materials are now on site, and are they exposed, or is there the potential for exposure, to rainfall or runoff. Once we know what's on site, our reviewer will evaluate the need to include those materials, or surrogates, in the monitoring requirements contained in the renewed permit. T'11 1, happy tt, isprak with _VML OLI 'thr�Se tu)ill[ ,65, <,< <,l)It- i'S, telate(1 t(.) «ua. SLC?YICCwdL(dI permits at these two facilities. Ken Pickle DWQ Stormwater Permitting Unit (919) 733-5083 x 584 Bethany Georgoulias Environmental Engineer NC DENR Division of Water Quality Stormwater Permitting Unit tel. (919) 733-5083, ext. 529 tax (919) Ti`i-961? 1 of 1 4/9/2008 10:56 AM North Carolina Emissions Control Project - Site Modifications - Impac... NOTICE: This e-mail message and any attachment is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the authorized employee or agent responsible for the delivery of this message to the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me by reply and delete this message from your computer without retaining a copy thereof. Please note that if this message is forwarded or a reply to a prior message, some or all of the attachments and other contents may not have been produced by the sender. Thank you. This footnote also confirms -that this email message has been swept by MIMEsweeper for the presence of computer viruses. Subject: Re: NC Emissions Control Project - Stormwater Permit - NCDENR Input Request From: "Aisha Lau" <Aisha.Lau@ncmail.net> Date: Mon, 7 Apr 2008 07:54:54 -0500 To: "Moore, James" <jmoore@epcorusa.com>, "Bradley Bennett" <Bradley.Bennett@ncmail.net> CC: "Thorley, Tom" <tthorley@epcoiusa.unn>, "Linda Willis" <Liuda.Willis@ncmail.nct> Hello Jim, Since I'm no longer working with the central office's stormwater permitting unit I'm sending this response to my old supervisor, Bradley Bennett. Either he, or someone else in the unit will get back to you about it as soon as they are able. I have also cc:d my coworker here in Wilmington Regional Office, Linda Willis, about it since she will most likely be consulted by the central office regarding your Southport facility before they respond to you. Take care, Aisha Moore, James wrote: Aisha: Re: EPCOR USA - North Carolina Plants - Future Changes - Permit Issue Input Request I wanted to inform you of changes we are planning to the Southport ( Stormwater Permit # NCS000348 ) and Roxboro ( Stormwater Permit # NCS000347 ) plants to address future operation as impacted by both business and environmental regulations( CAI ). The project changes are under design finalization for installation completion by early 2009. Your review of the proposed changes as discussed below would be appreciated. If you or an appropriate person could please advise us of what actions you see are required to address these changes in our Stormwater permits. As you may know, we submitted Stormwater Permit renewal applications at the end of 2006, but have not as of yet received the final permits for either plant. I wanted you to have this information as it may affect your permit renewal process. As a quick review of our Southport and Roxboro plants, both are power generation facilities that burn coal, tire -derived fuel (TDF) and unadulterated wood to produce steam and electrical power. The electricity generated is sold to the Grid, the steam at the Southport facility is also sold to a host. A summary of the future changes under consideration involves the following: Installation of a SNCR ( selective non -catalytic reduction ) ammonia injection for NOx Reduction The SNOR systom will include 1 or 2 NH3 storage tanks to supply NI 13 to the SNCR in the bailer off gab ducts The injected NH3 will be consumed in the process Design will provide isolation from the wastewater systems and stormwater contact Installation of an Adsorbent Infection System ( sodium carbonate ) for S02 control 4/14/2008 11:51 AM North Carolina Emissions Control Project - Site Modifications - Impac... The sodium carbonate is a powder which will be pneumatically injected into the boiler & off -gas duct Design will provide isolation of adsorbent fines from reaching wastewater system and stormwater contact Installation of Fuel Processing Equipment - grinders and additional conveyors The fuel grinder will handle off -spec wood The additional conveyors will transport additional alternative fuels ( tire derived fuel and wood ) Design will be to contain fuel fines in the fuel yard Design will contain yard run-off and direct it through the wastewater treatment system Summary of Impact Assessment of the above future changes to Stormwater Management: - The SNCR ammonia system will be designed to isolate the NH3 from any release that could be exposed to rainwater resulting in contaminated run-off - The SO2 adsorbent system will be designed as a closed system to prevent any release that that could be exposed to rainwater resulting in contaminated run-off - All fuel storage areas ( fuel yard ) will have perimeter drainage ditches to transport run-off to the wastewater system for treatment ( solids settling and removal ) prior to discharge via the NPDES permitted outfalls - The fuel processing equipment will be designed and operated within the fuel yard to control fugitive solids to prevent entrainment in rainwater resulting in transport of fuel solids off -site I look forward to your input on these changes regarding application and permit issues... Thank you. Jim James C. Moore Corporate Director EHS, Primary Energy 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 Mobile: 630-981-1355 Fax: 630-371-0673 Email: jmoore(a)-primaryenergy.com From: Moore, James Sent: Thursday, March 29, 2007 7:11 AM To: Aisha Lau Cc: SI iec.kelfui d, Ruffii i; Ei a iei i, Doi i; Hall, Mec k; ReiLk, Amy Subject: RX - Stormwater Permit NCS000347 - Renewal Update Aisha Lau N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 578 Fax: (919) 733-9612 email: aisha.lau(a7,ncmail.net A islia. Subject: Roxboro - Stormwater Permit NCS000347 - Renewal Update 4 of 6 4/14/2008 11:51 Al North Carolina Emissions Control Project - Site Modifications - Impac... Thank you for your reply. We appreciate your efforts to renew our Roxboro stormwater permit. Please do not hesitate to call or email should you need any information for your renewal process. Jim James C. Moore Corporate Director EHS, Primary Energy 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 Mobile: 630-981-1355 Fax: 630-371-0673 Email: jmoore(a,primaryenerg)y.com -----Original Message ----- From: Aisha Lau [mad.l.to:aisha.lau@ncmail.nPt] Sent: Thursday, March 29, 2007 6:48 AM To: Moore, James Subject: Re: [Fwd: Roxboro - Stormwater Permit NCS000347 - Renewal Update] Hello Jim, Mike Randall forwarded your information request to my attention for response. A check of our database showed that your renewal package was received by my section on 10/31/06, which was in a timely manner. However, since my section is currently very backlogged in our individual permit renewals your renewal hasn't been assigned to an engineer for review yet. Soon after it has been assigned you will receive an acknowledgement letter from the engineer providing a timeline for the permit's reissuance. In the interim period before your permit is reissued please continue to operate as usual under your either soon to be expired or expired permit. If you have any additional questions don't hesitate to ask. Sincerely, Ai ,sha Aisha Lau N.C. Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 733-5083 ext. 578 Fax: (919) 733-9612 email: aisha.lau@ncmail.net Website: http://h2o.enr.state.nc.us/su/stormwater.html Never doubt- that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has. Margaret Mead 'f.6 4/14/2008 11:51 AM North Carolina Emissions Control Project - Site Modifications - Impac... f. e P Please consider the environment before printing this e-mail NOTICE: This e-mail message and any attachment is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the authorized employee or agent responsible for the delivery of this message to the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me by reply and delete this message from your computer without retaining a copy thereof. Please note that if this message is forwarded or a reply to a prior message, some or all of the attachments and other contents may not have been produced by the sender. Thank you. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. ii Re: NC Emissions Control Project - Stormwater Permit - NCDENR Input Request.eml l Content -Type: message/rfc822 Content -Encoding: 7bit 6 of 6 4/14/2008 11:51 AM North Carolina Emissions Control Project - Site Modifications - Impac... e 349 Subject: North Carolina Emissions Control Project - Site Modifications - Impact to Stormwater Permits From: "Moore, James" <jmoore@epcorusa.com> Date: Wed, 9 Apr 2008 15:01:42 -0500 To: "Ken Pickle" <ken.pickle@ncmail.net> Ken: Re: North Carolina Emissions Control Project - Site Modifications - Impact to Stormwater Permits Thank you for your council today regarding our Southport and Roxboro Plants future changes and the impact these changes will have to our Southport and Roxboro plants Stormwater Permits. As we discussed, relative to the Storrnwater Permits ( renewal applications submitted in late 2006 - renewed permits not yet issued ) and the proposed changes we are planning to begin and carry through to 2009 - there is no ATC ( authorization to construct ) which you require associated with the plant's Stormwater permits. Per our conversation., you indicated that ammonia monitoring would likely be incorporated as a requirement of our SW Permit required stormwater run-off analysis based on our addition of the Selective Non -Catalytic Reduction (SNCR) system use of aqueous ammonia (19% strength). As we discuss the ammonia monitoring could be.eliminated once sampling data sufficiently demonstrated no ammonia in plant stormwater discharge. Regarding your question of wood fuel: § Wood is generally fresh cut and has not been stored for any appreciable time by suppliers. § Wood contains virtually no grass, leaves, or other flora that would readily decompose. The wood does not have any rotting odor or appearance. The wood chips have a pleasant, fresh -cut wood smell and a new wood appearance. § Since the wood fuel is cut from freshly cut trees from standing forests, there is very little chance for surface contamination. Simply stated, the wood goes from standing trees to fuel chips in a matter of hours. Nearly all of the fuel chips surface is fresh cut and has not been exposed to any source of contamination § Fuel Chip Specifications: - Shall be from unadulterated wood only. For purposes of this agreement, "Unadulterated Wood" means wood that is not painted, varnished, oiled, waxed, or otherwise coated or treated with any chemical. Plywood, OSB and resinated wood are NOT unadulterated wood. - Shall be approximately 1 % " x 3/4" clean-cut chips - Shall CUnlain a niitliniuni amount of non -chipped material including Sticks, branchos, bark, leaves, pine straw, sawdust, ground or shredded wood fibers, soil, sand, and non -wood debris. - Shall be free of stones, metal, and other foreign material, combustible or non-combustible Regarding your question of fuel storage on -site: § Wood storage on -site will be approximately 1 weeks supply - hence the longest duration expected for wood to remain on site would be most likely 1-week and possibly up to 2 weeks based on fuel rotation § Based on the wood fuel specs and turn -over, contaminants and wood rotting affecting run-off is not expected § The wood and TDF storage yards will consist of cement base pads with perimeter curbing and walls § The fuel yard pads will have 1 or more sumps to collect run-off § The sumps will pump accumulated run-off to the plant wastewater treatment system which discharges through a NPDES permitted Outfall for each plant As we discussed, this information will be consulted by your team once you begin renewal of our Southport and Roxboro Stormwater Permits. We will be happy to address any further requests you have for information as you move forward in your permitting process. 1 of 6 4/14/2008 11:51 AM North Carolina Emissions Control Project - Site Modifications - Impac... Jim James C. Moore Corporate Director EHS, Primary Energy 2000 York Road, Suite 129 Oak Brook, IL 60523 Office: 630-413-5408 Mobile: 630-981-1355 Fax: 630-371-0673 Email: jmoore@primaryenergy.com -----Original Message ----- From: Ken Pickle [mailto:ken.pickle@ncmail.net] Sent: Wednesday, April 09, 2008 8:12 AM To: Moore, James Cc: aisha Lau; Bethany Georgoulias; Bradley Bennett Flnhject! Ro)� hero and Southport sire modifination.9 Mr. Moore, Aisha Lau in the DWQ Wilmington office has forwarded your information and questions to us in the Stormwater Permitting Unit. We're happy to provide responses on the following three points with respect to your stormwater permits at these two sites. a) At each site you already have a Stormwater Pollution Prevention Plan. Your obligation is to update each SPPP to reflect any significant changes at the site that may affect stormwater runoff or the potential for exposure of materials or processes to incident rainfall or stormwater runoff. b) While the expired permit is in review (and as Aisha reports, we have a substantial backlog), please continue to abide by the provisions of the permit. c) As to the new site activities and materials resulting from the addition of ammonia, sodium carbonate, and a grinder, we cannot offer a comment on how these may affect our revision/renewal of your permit based only on your email description of the changes. At the time that Ode actively begin to process your reneoaals, staff from our office will evaluate those changes in the context of the active review process. Very generally, we will want to know what materials are now on site, and are they exposed, or is there the potential for exposure, to rainfall or runoff. Once we know what's on site, our reviewer will evaluate the need to include those materials, or surrogates, in the monitoring requirements contained in the renewed permit. I'll be happy to speak with you on these points, or others, related to our stormwater permits at these two facilities. Ken Pickle DWQ Stormwater Permitting Unit (919) 733-5083 x 584 P Please consider the environment before printing this e-mail 2 of 6 4/14/2008 11:51 AM OF WA%4 Michael F. Easley, Governor C� P William G. Ross Jr., Secretary FNorth Carolina Department of Environment and Natural Resources >_ Alan W. Klimek, P.E. Director fl Division of Water Quality May 17, 2005 RECEIVED Cogentrix Energy Inc MAY 1 8 Z005 Sheryl G. Sawyer P.O. Box 10836 BY; Southport, NC 28461 Subject: NPDES Compliance Inspection Report Cogentrix Energy Inc -Southport NPDES Permit No. NCS000348 Brunswick County Dear Ms. Sawyer: The North Carolina Division of Water Quality conducted a recent inspection of the Cogentrix Energy Inc Wastewater Treatment Facility on May 11, 2005. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES Permit No. NCS000348. A summary of the findings and comments noted during this inspection is provided in Section D on Page 2 of the attached copy of the complete inspection report entitled "Water Compliance Inspection Report". If you have any questions concerning this report, please contact me at (910) 395-3900 Ext. 215 in the Wilmington Regional Office. Sin rely, AU&_ / Y d&,L Linda L. Willis Environmental Chemist II Attachments Cc: Wilmington Regional Office — Yellow File Aisha Lau (DWQ / NPDES Stormwater Unit — Raleigh) 4 �3 0/0-? 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-395-3900 / Fax: `910-350-2004 / Internet: h2o.enr.state.nc.us NofthCarolina An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Natmally Section D: Summary of Findings/Comments (Attach additional sheets of narrative and checklists as necessary) 1. Permit: Your permit became effective May 1, 2002 and will not expire until April 30, 2007. The permittee is reminded to read, understand and comply with all of the terms and conditions contained in the permit. If you have questions concerning your responsibilities, call the Wilmington Regional Office to speak to a Division of Water Quality staff member. 2. Facility Site Review: The overall condition of the plant site was satisfactory. The appearance of the facility was in acceptable condition indicating that the current housekeeping practices are very good. 3. Adequacy of Stormwater Pollution Prevention Plan (SWPPP): The Stormwater Pollution Prevention Plan appeared to be thorough and complete in providing all of the required elements of the plan. 4. Vehicle/Equipment Maintenance Area: Not Applicable, 5. Vehicle/Equipment Wash Area: s. Not Applicable, 6. Temporary Storage of Waste Materials: The plan provides for secondary containment for any areas that could pose a potential for contamination. , 7. Outdoor Storage of Materials: The plan provides for secondary containment for any areas that could pose a potential for contamination. 8. Spill Response,and Cleanup Program: Spill response is addressed. It describes actions to be taken as well as team members in charge of training and response to spill events. 9. Erosion Control on Site: There are areas that require some erosion control planning. Any attempts taken to control erosion on the site should be included in the Stormwater Pollution Prevention Plan. 10. Illicit Discharge Elimination: Not Applicable. 11. Wastewater Treatment Facilities: Wastewater treatment is not required. 12 Stream Impacts/Results of Sampling: Each stormwater discharge point was inspected. There did not appear to be any impacts to the ditches or receiving stream for any of the stormwater discharge outfalls. The permittee has been conducting all qualitative and quantitative inspections/sampling as required by the permit. Summary: Overall, the SWPPP is complete and thorough in all areas required by Permit # NCS000348. A few comments for SWPPP improvement should be considered: It would be beneficial to include a list in the SWPPP of all chemicals stored in the cooling tower storage area. MSDS sheets should also be provided for each chemical listed. Any erosion control efforts on site should be documented in the SWPPP. Name and Signature of Inspectors: Li a LL.Willis Surface Water Protection Section Wilmington Regional Office _V2. 1-7, p ate State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director April 12, 2002 Mr. Terry Baker Cogentrix Energy, Inc. P.O. Box 10836 Southport, NC 28461 1 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No. NCS000348 Cogentrix Energy Inc. Southport Brunswick County Dear Mr. Baker: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000347, 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 US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). Please note that the Division has revised the analytical monitoring strategy for individual stormwater permits. Based on a review of the permit monitoring data received to date, the analytical monitoring measurement frequencies have been changed and cut-off concentrations have been removed. These changes will be implemented for all second term individual stormwater permits with analytical monitoring requirements. For those permits with analytical monitoring requirements, Part II - Monitoring, Controls, and Limitations for Permitted Discharges has been modified to reflect the change in monitoring strategy. The qualitative monitoring strategy remains the same as the first term of the permit. Please note that the semi-annual qualitative monitoring is a requirement of the 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 IlI, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division 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. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Page 2 If you have any questions concerning this permit, please contact Bill Mills at telephone number 919/733-5083 ext. 548. Sincerely, ' for Gregory J. Thorpe cc: Mr. Roger O. Pfaff, EPA Wilmington Regional Office Stormwater and General Permits Unit Central Files SWU262-011001 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 and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative ,Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 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 1E Permit No. NCS000348 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately tieuted and tnut►aged in accordance, with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 I BM 37 r e e SO , u �NNSSER-' AI THIS LOCA 3763 Be-tbet—) kkl f ethek \ Coolvale_j 'r -0 Ce er sm (.x 3762 L la 57' 25 \Ow 99-- 3761 se, '2 1 Town j m 2 . ........... Z4 3761 and BM 32 • /,7 ra 30 ubstii lei rat WBtIL,e WB Bet ter P BM !dW c 37\ .211 23 • 22 / r✓/// x — - (ll Ho pita 0 P1 0 BM 26 Steven u 7 3i Park 7 echnic r k Z�l thprt um? m 20 301, 58 Permit No. NCS000348 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (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. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfalI, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or rrtinirnize, the exposure; of significant materials to stoiirrwatei, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: Part II Page 1 of 6 Permit No. NCS000348 (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. 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 with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural.BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and response flan (SPrly) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of tnaleiial handling areas and tegular cleaning schedules of these areas shall be incorporated into the program. Part II Page 2 of 6 Permit No. NCS000348 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard (conditions, Section B, Paragraph 3) to the Director that the changes have been made. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities 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 his authorized representative immediately upon request. Part II Page 3 of 6 Permit No. NCS000348 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the pernttee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 7 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 7 analytical samplings in accordance with the schedule specified below in Table 2. Table 1. Analytical Monitoring Requirements ' Discharge Measuxmnt Fregiterrcytanple Satmple Lotou ,lirelrYstic Total Suspended Solids mg/1 Annually year 1, 2, 3 Grab Outfall 1 Quarterly year 4 Chemical Oxygen Demand mg/1 Annually year 1, 2, 3 Grab Outfall 1 Quarterly year 4 Total Rainfall4 inches Annually year 1, 2, 3 Quarterly year 4 Event Duration4 minutes Annually year 1, 2, 3 Quarterly year 4 Total Flow4 MG Annually year 1, 2, 3 _ Outfall 1 Quarterly year 4 Footnotes: 1 Measurement Frequency: Once per year during years 1, 2, and 3 of the permit term. Each quarter during the 4`" year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 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. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall bo performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. In the case of this permit, outfall 1 has been determined to be the outfall to be sampled as representative. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. 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. Part II Page 4 of 6 Permit No. NCS000348 Table 2 Monitoring schedule 0 1V ozxttorzng po kocl S p1e Nt tuber Start , e v.. End f Year 1 1 May 1, 2002 April 30, 2003 Year 2 2 May 1, 2003 April 30, 2004 Year 3 3 May 1, 2004 April 30, 2005 Year 4 - I" quarter 4 May 1, 2005 July 31, 2005 Year 4 - 2nd quarter 5 August 1, 2005 October 31, 2005 Year 4 - 3`d quarter 6 November 1, 2005 January 31, 2006 Year 4 - 4`' quarter 7 February 1, 2006 April 30, 2006 SECTION C:: QUAI,ITNTIVE, MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 3. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution . Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. 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 Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 3. Oualitative Monitorine Requirements �bis,�harg� Char`aeteristics �requ[ency 1VIi��rtc�rr>a�� � M 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 Other obvious indicators, Semi -Annual SDO of stormwater pollution Part II Page 5 of 6 Permit No. NCS000348 Footnotes: I 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 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 7 analytical samplings being conducted over the term of the permit at each stormwator discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 7 analytical samplings in accordance with the schedule specified in Table 2 (Part II, Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Dac>ta>ge Cl�rarac> east { �. ,1 "m.�' Yf^ Uts }-... "'S�. ,�.+' �"u ��^€� £ lVea>�exnefit S�n�ple �� Sarpi pH standard Annually year 1, 2, 3 Grab SDO Quarterly year 4 Oil and Grease mg/1 Annually year 1, 2, 3 Grab SDO Quarterly year 4 Total Suspended Solids mg/l Annually year 1, 3 Grab SDO Quarterly year 4 New Motor Oil Usage gallons/month Annually year 1, 2, 3 Estimate - Quarterly year 4 Total Flow4 MG Annually year 1, 2, 3 Grab SDO Quarterly year 4 Footnotes: I Measurement Frequency: Once per year during years 1, 2, and 3 of the permit term. Each quarter during the 4"' year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 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. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 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 Total flow shall be; (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. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Part II Page 6 of 6 Permit No. NCS000348 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: 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. Proposed Facilities: 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. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $.50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [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 twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $21,500. Penalties for Class It violations are not to excoed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. Part III Page 1 of 8 Pages Permit No. NCS000348 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part 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 Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this 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 Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, o[ tetntinating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. FeUdLies fQr FAs�fic40P 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 Part III Page 2 of 8 Pages Permit No. NCS000348 permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS 1. Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not -requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 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. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; ('2) The authorization specitied either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Pages Permit No. NCS000348 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Individual Permit Modification Revocation and Reissuance or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Ptupei operation and rnairitenance 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. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and 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 Part III Page 4 of 8 Pages Permit No. NCS000348 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this 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. Part III Page 5 of 8 Pages Permit No. NCS000348 Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the 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 of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Pages Permit No. NCS000348 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bye 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. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. (Aher Noncompliance, The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of 8 Pages Permit No. NCS000348 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 shall promptly submit such facts or information. Part III Page 8 of 8 Pages Permit No. NCS000350 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 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 2II.0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEFINITIONS Act 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. Bost 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. Parts IV, V and VI Page 1 of 5 Permit No. NCS000348 Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWQ The Division of Water Quality, Department of Environment and Natural Resources. 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 N zudm sa Su stance 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. 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. Part VI Page 2 of 5 Pages Permit No. NCS000348 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. 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. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 20. 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. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chendc al cn chemical rttte.goiy whic:lr 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 That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either 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 haz,aidous substance ptusuant to section 31 l(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS000348 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. 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. 28. 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. 29. 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 Planning and Design Manual. 30. 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. 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI Page 4 of 5 Pages Permit No. NCS000348 32. 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. 33. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 34. 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. 35. 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 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 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 211,0105(b)(4) may cause this Division to initiate action to revoke the individual permit. PANT VI DEFINITIONS 1. Act 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. Rest 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. Parts IV, V and VI Page 1 of 5 Permit No. NCS00348 Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the'pennit 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. flaratdom SuName. 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 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, 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. Permtttee 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, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0 1 inches of rainfall 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 runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 21, 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 lcvcls at n facility aubjoct to S AR.A 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 chronic water quality criteria. 24. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of 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 C> RCLA; 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 section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 27. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 28. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 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 1 he 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 Planning 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 an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant 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. 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 �i NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 9, 2010 Mr. Lynette Bryan Capital Power Operations (USA) Inc. PO 10836 Southport, North Carolina 27573 Dear Ms. Bryan: Natural Resources RECE1 eF an MAR 12 20106ecre ary BY: Subject: Draft NPDES Stormwater Permit Permit No. NCS000348 Southport Facility Brunswick County Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permi-: Analytical monitoring changes: 1. Analytical monitoring parameters including 15 metals, sulfate, and oil & grease have been added to this permit as an effort to investigate the pollution potential of Stormwater discharges. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the three-month sampling period. Additionally, samples must be taken a minimum of 30 days apart, as specified in Table 2. 4. No documentation of representative outfall status was found. Please monitor for at all outfalls. Representative outfall status can be requested filling out the Representative Outfall Status (ROS) Request on our website. 5. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall Lllett Lhe fdcilily sltdll fulluw Lhe Tier 1 guidelines wllICI1 iequlie a raclllty inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall three times in a row (consecutive), then the facility shall follow tr. � Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 6. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required at all outfalls regardless of represeri,�ative outfall status. 7. You are responsible for all monitoring until the renewal permit is issued. 8. The flow reporting requiremenL has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 9. Vehicle maintenance monitoring has been revised to semi-annually. This requirement appears in all Individual Stormwater permits; however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Wetlands and Stormwater Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 NOrtllCarOhna Location: 5 N. Salisbury St. Raleigh, North Carolina 27604 Natzi rally Phone: 919-8-807.6300 \ FAX: 919.807-64941 Customer Service: 1.877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer Ms. Lynette Bryan Capital Power Operations (USA) Inc. Permit No. NCS000348 Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requlrcmenti. Addltlonnl Informntion Is provldod In Purl I SeLl-lon A. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of page one of this letter. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6368 or bi ian.luwlf iei L r 1Lde1 a .yuv cc: Wilmington Regional Office Stormwater Permitting Unit Attachments: Draft Permit Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit 2 6tate of North Carolina Department of Environmont and Natural Rosources Division of Water Quality Michael F Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director April 12, 2002 Mr. Terry Baker Cogentrix Energy, Inc. P.O. Box 10836 Southport, NC 28461 Deis Mr. Baker: NCDE,NR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No. NCS000348 Cogentrix Energy Inc. Southport Brunswick County In response to your renewal application for continued coverage under NPDES stormwater permit NCS000347, 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 US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). Please note that the Division has revised the analytical monitoring strategy for individual stonnwa.ter permits. Based on a review of the permit monitoring data received to date, the analytical iiionitorhig measurement frequencies have been changed and cut-off concentrations have beet] removed. :Buse changes will be iniplemeLted for all second term] individual stornwater pern its with analytical rzv.)niLoring requirements. For those permits with analytical monitoring requirements, Part II - ir:u3ni'tr�ring, Control-,, and Limitations for Permitted Diuc•lnarges has been modifded to reflect the change monitoring strategy. The qualitative monitoring strategy remains the: i;ame as the first terra of tho permit. Please note that the scrui-annual qualitative monitoring is it requirement of the permit. Failure to complete the monitoring as required is a violation of thu permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part 111, Section A, Item 2 "Duty to Cornply", item 9 "Penalties for 7'araperinL " and lt�;m 10 "Penalties for 'alsif:catior] of Reports" of your hermit for further information]. If any parts, measurement frequencies or sampling requirements contained in this -permit are unacceptable to you, you have the right to an cadjudicatory 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, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. � This permit does not affect the legal requirements to obtain other permits which may be required by the Division 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. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirinative Action Employer 50% Tocycled/ 10% post -consumer paper Page 2 If you H 919/733-5083 e ave any questions concerning this permit, please contact Bill Mills at telephone number xt. 548. Sincerely, for Gregory J. Thorpe cc: Mr. Roger Q. Pfaff, EPA Wilmington Regional Office Stormwater and General Permils Unit Centrall' Files 5 Wu262-011001 NCS000348 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOUR DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE In compliance with the provisions of North Carolina. General Statute 143-215.1, other lawful standards and regulations promulgated and adopted key the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as arncnd6d, Cogentrix Energy, Inc. is hereby authorized to discharge stormwater :from a facility located at Cogeetrix of Noeh Carolina Cogentrix. Drive, SF Southport -Brunswick Co city �o�ry' J' Creek, , ,f Cape ear River receiving waters designated as Price C.r�.elc a class SC S�v stream, in the t_,a e Fear in accordance with the discharge limitations, monitoring requirements, and other conditions set foith in Parts I, II,111, 1V, V and V1 hereof. I This permit shall become elleclive ltilay 1, 2002. I This permit and the authorization to discharge shall expire at midnight on April 30', 2007 Signed this day April 12, 2002. for Gregory J.Thorpe, Ph.D., Acting Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000348 , TABLE OF CONTENTS PART I JINTRODUCTION. Section A: Individual Permit Coverage Section B: Perinitted_Activi ?e's Section. C:1 Lo,. ation Map PART II MONITORING, CONTROLS, tAXD LIMITATIONS FOR PERMITTED (DISCHARGES Section A:! Stormwater Pollution Prevention Plan i Section 13:1 Analytical Monitoring Requirements Section U Qualitative Monitoring Requirements Section D:1 On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS i Section A:; Compliance and Liability 1. Compliance Schedule 2. Duty to Comply i 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 Bd General Conditions 1. Individual Permit expiration 2. Transfers i No. NCS000348 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reisst Tennination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls L Proper Operation and Maintenance 2. Need to Halt or Re4uce Not a Defense I . .:� Bypassing of Sto rfnwater Control Facilities Section D. Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance. 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART 1V 1,11,dITATIONS REOPENED. A�T V ADMINISTERING AND COM NCE 10 01NITORINIG FEE REQUIREMENTS PA111T VI DFFfNITIONS or 91 ;" ermit No. N"S00034E PART I INTRODUCTI01-1 SECTION A INDIVIDUAL P1.RMIT (-."OVERAGE During the period beginning on the effective date of the permit and lasting Ti ,,tii v'_iration, thc.t permittee is authorized to discharge stormwaier associated with industrial activi!y. ,Such discharges shall be controlled, limited and inonitored .,Zs specified in this permit. SECTION B:PER.MITTEB ACTIVITIES Until this perrcit expires or is modified or revoked, the permittee is authorized to discharge stornnwater to;the surface waters of North Carolina or separate storm sewer system which has been adequately treated ,.«ul managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non! stormwater discharge or is covered by another permit, authorization or approval. This pen -nit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 BM 37 WEr . I'IN THIS L®CA 376 / t etheF ��� : r 1.b i _ 132 1525 41, ••--� -L4ow plat `.'J��: % 0 ��.� •57' 30„ 10 fir'• �/ i \ } \ ��� t . ' 3�� ` � � !/�i� �"+O �- .'/ 1 , � � J;14/� m .Ville hi 3760 r----. � sta BM32 a u';! Ubsta� \ �ti rai lowers \�\ i. set�,B ����-_i-./ _ i BM 22 • Ho Piia _ 1 15 �\ �' i' •� ' 0 p' I2 BM l O •�. 20 JI 56 Stevens Park ' • ! .` j• f r,_� I r _ l_ echoic PC !1e 'Y MSoUthpdrt i7tt Ji om ..�'-, e i �\.%`a�— L - ..-J`-)r•-_lam—j i �, , i •�� 'rs J '...}.:i.. Jai lwo'r "l,�^s/\..UP t''i . •� �! �/� ! Permit' o. NICS000348 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR j PE RMITTED DISCHARGES SECTION Aa STORMWATER POLLUTION PREVENTION PJI...AN The permitteeishall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part 1111, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, thelfollowing items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of sLounr ater discharges. The site plan shall contain the following: (a) (b) (c) (d) (e) 2. Storm, narrate A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. 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 site map drawn to scale with the distance legend indicating locations of industrial activities (including storage of materials, disposal areas, process are":s I and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BA4Ps and impervious surfaces, and the percentage of each drainage am a that is j impervious. roi eaCh W f dl, a. narrative descripLI(in of the potential pullaataaAs which could be expected to be present in the stormwater discharge. A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. .er Management Plan. The stormwater management plan shall contain a description of the materials management practices employed which control or the exposure of significant materials to stormwater, including structural and oral measures. The stormwater management plan, at a minimum, shall to the following: Part II Page 1 of 6 Permit No. NCS000348 (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the p�ermittee shall prevent exposure of all storage areas, material handling operations, iand manufacturing or fueling operations. In areas where elimination of i,exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule, A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. 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 with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall bIe kept for a period of five years. c) BMP Surr mart'. A. narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil acid grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural.BNZPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRI-1) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times; during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules, of inspections and maintenance activities of stormwater control systems, plant equipment and systems. inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Hari II Page 2. of 6 Permit No. NCS000348 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific positii(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design; construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Storrynpater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Di'irector may notify the permittee when the Plan does not meet o,.e or more the minimum requirements of the permit. Within''7£1 days of such notice, the permitter; s tall 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, T?aragr,~ph 3) to the Director that the t l;ai�g^s have been made. 8. Facility Inspection Program. Facilities are requared to inspect all sto_mwatex systems o�; at least a semiannual schedule, once in the fall ;September -November) and once in the sprint; !(April -June). The inspection wid any :subsequent naintenance activities performed shall be documented, recording date and time oa inspection, individual(s) making the inspection and a. narrative descrip'.Jon of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities 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 his authorized representative immediately upon request. Part 11 Page 3 of 6 Permit No. NCS000348 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until pernittee is authorized to discharge stormwater subject to the provisions of this Analytical monitoring of stormwater discharges shall be performed as specified All analytical monitoring shall be performed during a representative storm event. monitoring will result in a minimum of 7 analytical samplings being conducted o, the permit at each stormwater discharge outfall (SDO). The permittee shall comp minimum 7 analytical samplings in accordance with the schedule specified below Table 1. Analytical Monitoring Requirements ration, the lit. w in Table to required the term of the Table 2. '}' 7 _,y,c.r't•t � Ili, ✓-. ,'$"` "",. .v5's .':m�,'�,`c YY ''�+ YY i. F-w r`" t le t -} xr yy .t• R` s y— Total Suspended Solids mg/1 Annually year 1, 2, 3 Grab Outfall 1 Quarterly year 4 Chemical Oxygen Demand mg/1 Annually year i, 2, 3 Grab Outfall 1 Quarterly year 4 Total, Rainfa114 inches Annually year 1, 2, 3 - j - Quarterly year 4 Event Duration4 minutes Annually year 1, 2, 3 - - Quarterly year 4 Total Flow4 MG Annually year 1, 2, 3 _ Outfall 1 Quarterly year 4 . Footnotes: 1 Measurement Frequency: Once per year during years 1, 2, and 3 of the permit term. Each quarter during the 4"' year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. i I 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. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative .nun taring shall ba parformdcl. :i Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted.. In the case of this permit, outfall 1 has been determined to be the outfall to be sampled as representative. 4 For each sampled representative storm, event the total precipitation, storm duration, and total flow must be monitored. 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. Part II Page 4 of 6 Permit No. NCS000348 Table 2 - Monitoring schedule Ncltr(Ogpd.... `aplix� .< 5ta A f End Year 1 1 May 1, 2002 April 30, 2003 Year 2 2 May 1, 2003 April 30, 2004 Year 3 3 May 1, 2004 April 'DO, 2005 Year 4 - I" quarter 4 May 1, 2005 July 31, 2005 Year 4 - 2°d quarter 5 August 1, 2005 _ October 31, 2005 Year 4 - Yd quarter 6 November 1, 2005 January 31., 2006 Year 4 - 4`h quarter 7 February 1, 2006 Ali 1 30,2006 SECTION C' QUALITATIVE MONITORINGIM, QUIiIILME- NTS Qualitative monitoring requires a visual inspection of each stormwater outfall r--gatdless of representative outfall status and shall be performed as specified below in Table 3. Qualitative monitoring is;for the purpose of evaluating the effectiveness of the Stormwater Pollution . Prevention Plan (SPPP) and assessing now sources of stomawater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does rot need to be performed durir;x; a representative storm event. 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 Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). i j Table 3. ! Oualitative Monitorline Reauirements �M, R* W� }�sc � a t sK Color Semi -Annual SDO Odor Semi -Annual SDO ClaritySemi-Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators Semi -Annual SDO of stormwater pollution Part H Page 5 of 6 Permit No. NCS000348 Footnotes: I Monitoring Location: Qualitative monitoring shall be perfonned at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D.- ON -SITE VEHICLE TMAINTENTANC MONITORING REQUIREMENTS I'ac ilities which have any vehicle maintenance activity occur3-ing on -site which uses more than 55 gallons of new motr?r oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. This monitoring shall be performed at all =utfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 7 analytical samplings being conducted over the terra of the permit at each storrnwator discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 7 analytical samplings in accordance with the schedule specified in Table 2 (Part II, Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance AT,.. vu Annually year 1, 2, 3 pH standard Grab SDO Quarterly year 4 Oil and Grease mg/1 Annually year 1, 2, 3 Grab SDO Quarterly year 4 Total Suspended Solids mg/1 Annually year 1, 2, 3 Grab SDO Quarterly year 4 New Motor Oil Usage gallons/month Annually year 1, 2, 3 Estimate - Quarterly year 4 Total Flow4 MG Annually year 1, 2, 3 Grab SDO Quarterly year 4 Fuutrrutes: I Measurement Frequency: Once per year during years 1, 2, and 3 of the permit terns. Each quarter during the 4 h year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 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. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 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. Total flow shall be; (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 > iaount of rainfall, of (c) estimated by: the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event ineast red snail result from the sampled representative storm event. Part 11 Page 6 of 6 Permit No. NCS000348 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 Nvith the following schedule: Existing Facilities: 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 with in 12 months of the effective date of the initial permit issuance. Proposed Iacilities• The ,Stormwater Pollution Prevention Plan shall be developed and implementad 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. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $.5,000 to $50,000 por 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 $11,000 per violation with the maximum amount not to exceed $137,500. [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 twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by.the Director for violating cectic;n 301, 302, 306, 307, 308, 318, or 405 of the Act, or any pewit condition or limitation implerr,enthig an; of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties Cot Class II violations ate not to exceed $11,0W per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. Part III Page 1 of 8 Pages Permit No. NCS000348 3. Dutyto o Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding b-ypassing 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 Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. ail a*A :Hazardous Substance Liability Nod- ng in this individual perm t shall be corwtued to preclude the institution of any legal, actiun ui relieve dic3 perrittee from any responsibilities, liabilities, or penalties to which the permittee is or'may be subject to V under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights 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. Severabi.li The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the director may request to determine. whether cause exists for modifying, revoking and reissuing, or tennivatinrg the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. .M Penaities for Falsification of Re arts The Clean Water Act provides that any person who knowingly makes any false statement, representation, ur cr:CiFication in any record or other document submitted or required to be maintained under this individual Part III Pacyc 2or 8 Pages Permit No. NCS000348 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 CONIDITIONS 1. Individual Permit Expiration The pem1 ittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall subinit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not'requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided. in NCGS §143-2153.6 and 33 USC 1251 et. seq. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require 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. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (irs 5000nd quarter 1980 (lollars), if authwity to sign doc:tunents has been assigue:d of delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a gener6l partner or the proprietor, respectively; or (3) For a municipality, State, Federai, or other public agency: by either a principal executive officer or ranking elected official All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Pages Permit No. NCS000348 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction. or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Ver►nit Modificat.itan. [Zcvor..ition and heimu ruc.e cal ' ,(-.1Ini►►<itioil The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 211.0100; andNorth Carolina GDneral statute 143-215.1 et. al. P,--tndt ?actions ""71w pexinit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SEC'HON Q OPERAT'ION AND MAINTENANCE OF POLL'UTION CONTROLS Pr er (3Deration and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances,) which are installed or used by the permittee to achieve compliance with (lie conditions or this individual [witnit. Ptopea opoiatiuu and i►►ainteuanve Also it►cludes 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. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and 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 Part III Page 4 of 8 Pages Permit No. NCSO00348 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. 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. L. . Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual pernut, the perrnittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or mainterance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance, a.c'tivit; , 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 ofsuch analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCG3 143-215.63 et. seq, the Water and Au (duality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this 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. Part III Page 5 of 8 Pages Permit No. NCS000348 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. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (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. , 7CTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Rtgorts Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Subrnitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ALTENi'IUN: (ventral Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Pages Permit No. NCS000348 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm -event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under, the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CRR Part 122.42 (a). 6. Anticipated Noncom lip ante The permittee shall give notice to the Director as soon as possible of any planned changes at the p ern.itted facility which may result in noncompliance with the individual permit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advasyce 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. 8. Two -my -fowr Hqur RPT—orting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of 8 Pages Permit No. NCS000348 1.0. Other Information Where tlw;.ie►_rnittee 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 Shall promptly submit such facts or information. Part III Page 8 of 8 Pages Permit No. NCS000350 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with. any applicable effluent guideline or water duality 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 b. Controls any pollutant not limited in the individual permdt. The individual permit as modified or reissued under this paragraph shall also contain <ny otbor 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 211.0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. PART VI DEI+INITIONS 1. Act 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 aril 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 (B1VLE's) Measures or practices used to reduce the amount of pollution entering surface waters. 13 fp s may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 5 Permit No. NCS000348 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 ftoraRe of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other havirig a total combined storage capacity of greater than 1,320 gallons. I. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 t)'SC 1251, et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be 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 lonb term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A starm,vater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Auy material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding top:,'Jil or siiadar naturally -occurring sw face materials that are net disturbed by mining operations. Part VI Page 2 of 5 Pages Permit No. NCS000348 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stonnwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. 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. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 20. 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. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chenilcal of 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; Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reportin requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table II (orga-nic 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 Chit 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS000348 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents; and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CN�2 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. :itorinwater 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. 28. 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. 29. 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 Planning and Design Manual. 30. 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. 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI Page 4 of 5 Pages Permit 1'do. ,NCS'''000348 32. 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. 33. Vehicle Maintenance Activi Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 34. 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. 35. 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 Cf�0� W A rF9QG Michael F. Easley, Governor William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 5, 2006 PRIMARY ENERGY - SOUTHPORT FACILITY ATTN: TERRY BAKER, OR SUCCESSOR PO BOX 10836 SOUTHPORT, NC 28461 Dear Permittee: Subject: NPDES Stormwater Permit Renewal Primary Energy - Southport Facility Permit Number NCS000348 Brunswick County Yuui 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 NODe hCarolina attrrally North Carolina Division of Water Quality 1617 Mail Service Center Raleip,h, NC 27699 1617 Plrune (9l9) 733-5083 Custower service Intemet: www.newaterqualit .ororg 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