NCG170000_2019 General Permit Original Signed_20190801

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL,AND LAND RESOURCES
GENERAL PERMIT NO.NCG170000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
for establishments primarily engaged in the following activities:
Textile Mill Products
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission and
the Federal Water Pollution Control Act,as amended,this permit is hereby issued to all owners or operators,
hereinafter permittees,which are covered by this permit as evidenced by receipt of a Certificate of Coverage
by the Environmental Management Commission to allow the discharge of stormwater to the surface
waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters in
accordance with the terms and conditions set forth herein.
Coverage under this General Permit is applicable to:
♦ All owners or operators of stormwater point source discharges associated with establishments
primarily engaged in the manufacture of Textile Mill Products [Standard Industrial Classification (SIC)
Major Group 22];
♦ Stormwater point source discharges from like industrial activities deemed by The Division of Energy,
Mineral,and Land Resources (DEMLR)to be similar to these operations in the process,or the
discharges, or the exposure of raw materials,intermediate products,by-products,products,or waste
products.
The General Permit shall become effective on August 1,2019.
The General Permit shall expire at midnight on May 31,2024.
Signed this 31st day of July 2019.
for S. Daniel Smith
Director,Division of Energy, Mineral,and Land Resources
By the Authority of the Environmental Management Commission

Permit No.NCG170000
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: General Permit Coverage
Section B: Permitted Activities
PART II MONITORING, CONTROLS,AND LIMITATIONS FOR PERMITTED DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements for Stormwater Discharges from On-Site
Vehicle and Equipment Maintenance
Section C: Qualitative Monitoring Requirements for Stormwater Discharges
Section D: Special Conditions
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
Section A: Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
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
11. Onshore or Offshore Construction
12. Duty to Reapply
Section B: General Conditions
1. General Permit Expiration
2. Transfers
3. When an Individual Permit May be Required
4. When an Individual Permit May be Requested
5. Signatory Requirements
6. General Permit Modification, Revocation and Reissuance, or
Termination
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Permit No.NCG170000
7. Certificate of Coverage Actions
8. Annual Administering and Compliance Monitoring Fee Requirements
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce not a Defense
3. Bypassing of Stormwater Control Facilities
4. Upsets
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. Spills
8. Bypass
9. Twenty-four Hour Reporting
10. Other Noncompliance
11. Other Information
PART IV DEFINITIONS
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Permit No.NCG170000
PART I - INTRODUCTION
SECTION A: GENERAL PERMIT COVERAGE
All persons desiring to have facilities covered by this General Permit must register with the Division
of Energy,Mineral,and Land Resources (DEMLR)by the filing of a Notice of Intent(NOI) and
applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any point
source discharge of stormwater associated with industrial activity to the surface waters of the state.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H
.0100,stating the reasons supporting the request. Any application for an individual permit should
be made at least 180 days prior to commencement of discharge.
This General Permit shall not cover activities or discharges covered by an individual NPDES permit
until the individual permit has expired or has been revoked. Any person conducting an activity that
is covered by an individual permit but that could be covered by this General Permit may request
that the individual permit be revoked and coverage under this General Permit be provided.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR§122.26(g),the facility may qualify for a No Exposure Certification from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certification Notice of Intent(NOI) form to the Division;
must receive approval by the Division; must maintain no exposure conditions unless authorized to
discharge under a valid NPDES stormwater permit; and must recertify the No Exposure exclusion
annually.
Any facility may apply for new or continued coverage under this permit until a Total Maximum
Daily Load (TMDL) for pollutants for stormwater is established. A TMDL sets a pollutant-loading
limit that affects a watershed,or portion of a watershed,draining to a specific impaired water. For
discharges to watersheds affected by a TMDL,coverage under this permit may depend on the
facility demonstrating it does not have reasonable potential to violate applicable water
quality standards for those pollutants as a result of discharges. If the Department determines
that discharges have reasonable potential to cause water quality standard violations,the facility
shall apply for an individual permit 180 days prior to the expiration date of this General Permit.
Once that individual permit is effective,the facility will no longer have coverage under this General
Permit. Note that the permittee must identify impaired waters (scheduled for TMDL development)
and waters already subject to a TMDL in the Site Plan,as outlined in the Stormwater Pollution
Prevention Plan,Part 11,Section A. A list of approved TMDLs for the state of North Carolina can be
found at hUps://deq.nc.gov/about/divisions/water-resources/planning/modeling-
assessment/tmdls/draft-and-approved-tmdls.
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Permit No.NCG170000
SECTION B: PERMITTED ACTIVITIES
Until coverage under this permit expires or is modified or revoked,the permittee is authorized to
discharge stormwater to the surface waters of North Carolina,or to a separate storm sewer system,
which has been adequately treated and managed in accordance with the terms and conditions of
this General Permit and the requirements of the permittee's Certificate of Coverage (COC). The
permittee's COC is hereby incorporated by reference into this General Permit. Any violation
of the COC is a violation of this General Permit and subject to enforcement action as provided
in the General Permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit,authorization, or approval.
The discharges allowed by this General Permit shall not cause or contribute to violations of
Water Quality Standards. Discharges allowed by this permit must meet applicable wetland
standards as outlined in 15A NCAC 213 .0230 and.0231 and water quality certification requirements
as outlined in 15A NCAC 21-1 .0500.
This permit does not relieve the permittee's responsibility for compliance with any other applicable
federal,state, or local law,rule, standard, ordinance, order, or decree.
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Permit No.NCG170000
PART II - MONITORING, CONTROLS,AND LIMITATIONS FOR PERMITTED
DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SWPPP).
The SWPPP shall be maintained on site unless exempted from this requirement by the Division.
The SWPPP is public information in accordance with Part III,Standard Conditions, Section E,
paragraph 3 of this permit. The SWPPP shall include,at a minimum,the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility and the
potential pollutant sources that may be expected to contribute to contamination of stormwater
discharges. The Site Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent map),
showing the facility's location in relation to transportation routes and surface waters;the
name of the receiving waters to which the stormwater outfalls discharge,or if the discharge
is to a municipal separate storm sewer system,the name of the municipality and the
ultimate receiving waters; and accurate latitude and longitude of the points of stormwater
discharge associated with industrial activity. The general location map (or alternatively the
site map) shall identify whether any receiving waters are impaired (on the state's 303(d)
list of impaired waters) or if the site is located in a watershed for which a TMDL has been
established,and what the parameters of concern are.
(b) A narrative description of storage practices,loading and unloading activities,outdoor
process areas, dust or particulate generating or control processes, and waste disposal
practices. A narrative description of the potential pollutants that could be expected to be
present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the
stormwater discharge outfalls; all on-site and adjacent surface waters and wetlands;
industrial activity areas (including storage of materials, disposal areas,process areas,
loading and unloading areas,and haul roads); site topography and finished grade; all
drainage features and structures; drainage area boundaries and total contributing area for
each outfall; direction of flow in each drainage area; industrial activities occurring in each
drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious
surfaces. The site map must indicate the percentage of each drainage area that is
impervious,and the site map must include a graphic scale indication and north arrow.
(d) A list of significant spills or leaks of pollutants during the previous three (3)years and
any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges. The permittee shall re-certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges. The
certification statement will be signed in accordance with the requirements found in Part III,
Standard Conditions, Section B, Paragraph S.
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Permit No.NCG170000
2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a
narrative description of the materials management practices employed which control or
minimize the stormwater exposure of significant materials,including structural and
nonstructural measures. The Stormwater Management Strategy,at a minimum,shall
incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing the
methods of operations and/or storage practices to eliminate or reduce exposure of
materials and processes to rainfall and run-on flows. Wherever practical,the permittee
shall prevent exposure of all storage areas,material handling operations,and
manufacturing or fueling operations. In areas where elimination of exposure is not
practical,this review shall document the feasibility of diverting the stormwater run-on
away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials including petroleum products; storage in au
amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act
(SARA) water priority chemicals; and storage in any amount of hazardous substances in
order to prevent leaks and spills from contaminating stormwater runoff.
i. A table or summary of all such tanks and stored materials and their associated
secondary containment areas shall be maintained.
H. If the secondary containment devices are connected to stormwater conveyance
systems,the connection shall be controlled by manually activated valves or other
similar devices (which shall be securely closed with a locking mechanism).
iii. 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.
iv. Accumulated stormwater shall be released if found to be uncontaminated by any
material.
v. Records documenting the individual making the observation,the description of the
accumulated stormwater,and the date and time of the release shall be kept for a
period of five (5)years.
For facilities subject to a federal oil Spill Prevention, Control,and Countermeasure Plan
(SPCC),any portion of the SPCC plan fully compliant with the requirements of this permit
may be used to demonstrate compliance with this permit. The Division may allow
exceptions to secondary containment requirements for mobile refuelers,as with the
exemption provided by amendments to federal SPCC regulations,as long as appropriate
spill containment and/or diversionary structures or equipment is used to prevent discharge
to surface waters. Exceptions do not apply to refuelers or other mobile tankage used
primarily as bulk liquid material storage in a fixed location in place of stationary containers.
(c) BMP Summary. A listing of site structural and non-structural Best Management Practices
(BMPs) shall be provided. The installation and implementation of BMPs shall be based on
the assessment of the potential for sources to contribute significant quantities of pollutants
to stormwater discharges and on data collected through monitoring of stormwater
discharges. The BMP Summary shall include a written record of the specific rationale for
installation and implementation of the selected site BMPs. The BMP Summary shall be
reviewed and updated annually.
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Permit No.NCG170000
3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures
(SPRP) shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel responsible for implementing the SPRP shall be
identified in a written list incorporated into the SPRP and signed and dated by each individual
acknowledging their responsibilities for the plan. A responsible person shall be on-site at all
times during facility operations that have the potential to contaminate stormwater runoff
through spills or exposure of materials associated with the facility operations. The SPRP must
be site stormwater specific. Therefore,an oil Spill Prevention Control and Countermeasure
plan (SPCC) may be a component of the SPRP but may not be sufficient to completely address
the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be
incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance
and good housekeeping program shall be developed and implemented. The program shall
address all stormwater control systems (if applicable),stormwater discharge outfalls,all on-site
and adjacent surface waters and wetlands,industrial activity areas (including material storage
areas,material handling areas,disposal areas,process areas,loading and unloading areas,and
haul roads),all drainage features and structures,and existing structural BMPs. The program
shall establish schedules of inspections,maintenance,and housekeeping activities of
stormwater control systems,as well as facility equipment,facility areas,and facility systems
that present a potential for stormwater exposure or stormwater pollution where not already
addressed under another element of the SWPPP. Inspection of material handling areas and
regular cleaning schedules of these areas shall be incorporated into the program. Timely
compliance with the established schedules for inspections,maintenance,and housekeeping
shall be recorded and maintained in the SWPPP.
5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part
of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-
annual schedule,once during the first half of the year(January to June),and once during the
second half(July to December),with at least 60 days separating inspection dates (unless
performed more frequently than semi-annually). These facility inspections are different from,
and in addition to,the stormwater discharge characteristic monitoring at the outfalls required
in Part I1 B and C of this permit.
6. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response and
cleanup,preventative maintenance activities,and for any of the facility's operations that have
the potential to contaminate stormwater runoff. The facility personnel responsible for
implementing the training shall be identified,and their annual training shall be documented by
the signature of each employee trained. Training must include 24-hour reporting requirements
for(1) any non-compliance which may endanger health or the environment(Part III,Section
E.9. Twenty-four Hour Reporting),and (2) any spills as defined in Part III (Section E.7 Spills) and
Part IV(Item 27.Significant Spills).
7. Responsible Party. The SWPPP shall identify a specific position or positions responsible for
the overall coordination,development,implementation,and revision of the SWPPP.
Responsibilities for all components of the SWPPP shall be documented and position
assignments provided.
8. SWPPP Amendment and Annual Update. The permittee shall amend the SWPPP whenever
there is a change in design,construction,operation,site drainage,maintenance,or
configuration of the physical features which may have a significant effect on the potential for
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Permit No.NCG170000
the discharge of pollutants to surface waters. All aspects of the SWPPP shall be reviewed
and updated on an annual basis.The annual update shall include:
(a) an updated list of significant spills or leaks of pollutants for the previous three (3)
years, or the notation that no spills have occurred (element of the Site Overview);
(b) a written re-certification that the stormwater outfalls have been evaluated for the
presence of non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on-site stormwater BMPs
(BMP Summary element of the Stormwater Management Strategy).
(d) a statement that annual training requirements were met in the pastyear;
(e) a review and comparison of sample analytical data to benchmark values (if
applicable) over the past year,including a discussion about Tiered Response status.
The permittee shall use the Division's Annual Summary Data Monitoring Report
(DMR) form,available from the Stormwater Permitting Program's website (See:
https:/Ideq.nc.gov lab out/divis ions/energy-mineral-land-resources/np des-
stormwater-gps).
The Director may notify the permittee when the SWPPP 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 SWPPP to meet minimum requirements. The
permittee shall provide certification in writing(in accordance with Part III, Standard
Conditions,Section B, Paragraph 5) to the Director that the changes have been made.
9. SWPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention
Plan and all appropriate BMPs to prevent contaminants from entering surface waters via
stormwater. Implementation of the SWPPP shall include documentation of all monitoring,
measurements,inspections,maintenance activities,and training provided to employees,
including the log of the sampling data and of actions taken to implement BMPs associated with
the industrial activities,including vehicle maintenance activities. Such documentation shall be
kept on-site for a period of five (5) years and made available to the Director or the Director's
authorized representative immediately upon request.
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Permit No.NCG170000
SECTION B: ANALYTICAL MONITORING REQUIREMENTS FOR STORMWATER
DISCHARGES FROM ON-SITE VEHICLE AND EQUIPMENT MAINTENANCE
Facilities that have any vehicle maintenance activity occurring on-site which uses more than 55
gallons of new motor oil and/or hydraulic oil per month when averaged over the calendar
year shall perform analytical monitoring as specified below in Table 1. Equipment maintenance
that exceeds this average of hydraulic oil use and that is stored or used outside, or otherwise exposed
to stormwater shall perform the monitoring in Table 1. (See Definitions for vehicle and equipment
maintenance activity.)
All analytical monitoring shall be performed during a measurable storm event at all stormwater
discharge outfalls (SDOs) that discharge stormwater runoff from vehicle and/or equipment
maintenance areas, and in accordance with the schedule presented in Table 2. Sampling is not
required outside of the facility's normal operating hours.
A measurable storm event is a storm event that results in an actual discharge from the
permitted site outfall. The previous measurable storm event must have been at least 72 hours
prior. The 72-hour storm interval does not apply if the permittee is able to document that a
shorter interval is representative for local storm events during the sampling period,and the
permittee obtains approval from the local DEMLR Regional Office. See Definitions.
Table 1. Analytical Monitoring Requirements for On-Site Vehicle and Equipment
Maintenance
Parameter Discharge Characteristics Units Measurement Sample Sample Bench-
Code Fre uenc 1 Type2 Location3 mark
Non-Polar Oil&Grease by
552 EPA Method1664(SGT-HEM) mg/L semi-annual Grab SDO 15
C053O Total Suspended Solids (TSS) mg/L semi-annual Grab SDO 100
Total Suspended Solids
C0530 HQW, ORW,Tr and PNA mg/L semi-annual Grab SDO 50
46529 Total Rainfall4 inches semi-annual Rain gauge - -
New Motor Oil or Hydraulic Oil
NCOIL gal/month semi-annual Estimate
Usage - -
Footnotes:
1 Measurement Frequency: Twice per year during a measurable storm event(unless other provisions of
the permit prompt monthly sampling),until either another permit is issued for this facility or until this
permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this
permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions
under the previous permit,the facility shall continue a monthly monitoring and reporting schedule in
Tier Two or Tier Three status until relieved by the provisions of this permit or the Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation
between outfalls prevents collecting all samples within the first 30 minutes,sampling shall be begun within
the first 30 minutes,and shall continue until completed.
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,unless representative outfall
status (ROS)has been granted. A copy of the letter granting ROS shall be kept on site.
4 For each sampled measurable storm event the total precipitation must be recorded. An on-site rain
gauge is required. Where isolated sites are unmanned for extended periods of time,a local rain gauge may
be substituted for an on-site reading.
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Permit No.NCG170000
The permittee shall complete the analytical samplings in accordance with the schedule specified
below in Table 2,unless adverse weather conditions prevent sample collection (see Adverse
Weather in Definitions). A minimum of 60 days must separate Period 1 and Period 2 sample
dates,unless monthly monitoring has been instituted as part of other requirements of this permit.
Inability to sample because of adverse weather conditions must be documented in the SWPPP and
recorded on the DMR. The permittee must report the results from each sample taken within the
monitoring period (see Part 111,Section E). However,for purposes of benchmark comparison and
Tiered response actions,the permittee shall use the analytical results from the first sample with
valid results within the monitoring period.
Table 2. Monitoring Schedule
Semi-annual Start Date End Date
Monitoring Events1,2 (All Years)3 (All Years)3
Period 1 January 1 June 30
Period 2 July 1 December 31
Footnotes:
1. Maintain semi-annual monitoring during the General Permit renewal process (unless other provisions of
this permit require monthly sampling). The applicant must continue monitoring until the renewed
Certificate of Coverage(COC)is issued.
2. If no discharge occurs during the sampling period,the permittee must record"No Flow"or"No
Discharge"within 30 days of the end of the sampling period.
3. Monitoring periods remain constant throughout the five-year term of the General Permit. For permittees
continuing with renewed coverage under this General Permit,Year 1 begins in Period 2 on August 1,
2019,and for all permittees,Year 5 ends in Period 1 on May 31,2024.
Failure to monitor semi-annually per permit terms may result in the Division requiring monthly
monitoring for all parameters for a specified time period. "No discharge"from an outfall or
inability to collect a sample because of adverse weather conditions during a monitoring period,for
example,does not constitute failure to monitor,as long as it is properly reported.
The permittee shall compare monitoring results to the benchmark values in Table 1. The
benchmark values in Table 1 are not permit limits but shall be used as guidelines for
implementation of the permittee's Stormwater Pollution Prevention Plan (SWPPP). Exceedances of
benchmark values require the permittee to increase monitoring,increase management actions,
increase record keeping,and/or install stormwater Best Management Practices (BMPs) in a tiered
program. See descriptions of Tier One,Tier Two,and Tier Three response actions below. In the
event that the Division releases the permittee from continued monthly monitoring under Tier
Three,DEMLR's release letter may remain in effect through subsequent reissuance of this permit,
unless the release letter provides for other conditions or duration.
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Permit No.NCG170000
Tier One
If:The first valid sampling results are above a benchmark value, or outside of the benchmark range,for any
parameter at any outfall;
Then:The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling
results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential,and select the specific feasible: source controls, operational controls,or physical
improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations
within the benchmark range.
4. Implement the selected feasible actions within two months of the inspection.
S. Record each instance of a Tier One response in the SWPPP. Include the date and value of the benchmark
exceedance,the inspection date,the personnel conducting the inspection,the selected actions,and the date
the selected actions were implemented.
6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response.
Tier Two
If: The first valid sampling results from two consecutive monitoring periods (omitting periods with no discharge)
are above the benchmark values, or outside of the benchmark range,for any specific parameter at a specific
discharge outfall;
Then:The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct
monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two
consecutive samples. Monthly(analytical and qualitative) monitoring shall continue until three
consecutive sample results are below the benchmark values or within benchmark range.
3. If no discharge occurs during the sampling period,the permittee is required to submit a monthly
monitoring report indicating"No Flow"to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3,the permittee may,after two consecutive exceedances, exercise the
option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer
may direct the response actions on the part of the permittee as provided in Tier Three,including reduced or
additional sampling parameters or frequency.
S. Maintain a record of the Tier Two response in the SWPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
Tier Three
If: The valid sampling results required for the permit monitoring periods exceed the benchmark value, or are
outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee
shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results;
Then:The Division may but is not limited to:
• require that the permittee revise,increase,or decrease the monitoring and reporting frequency for some
or all of the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other best management practices;
• require the permittee to perform upstream and downstream monitoring to characterize impacts on
receiving waters;
• require the permittee implement site modifications to qualify for a No Exposure Certification; or
• require the permittee to continue Tier Three obligations through the permit renewal process.
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Permit No.NCG170000
SECTION C: QUALITATIVE MONITORING REQUIREMENTS FOR STORMWATER
DISCHARGES
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution
Prevention Plan (SWPPP) and assess new sources of stormwater pollution. Qualitative monitoring
of stormwater outfalls must be performed during a measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall associated with
industrial activity(not just vehicle and/or equipment maintenance activities),regardless of
representative outfall status. Qualitative monitoring shall be performed semi-annually as specified
in Table 3,and during required analytical monitoring events if applicable (unless the permittee is
required to perform further qualitative sampling per the Qualitative Monitoring Response
below). Inability to sample because of adverse weather conditions must be documented in the
SWPPP and recorded on the DMR (see Adverse Weather in Definitions). Only SDOs discharging
stormwater associated with industrial activity must be monitored (See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall,the permittee shall
document the suspected cause of the condition and any actions taken in response to the discovery.
This documentation will be maintained with the SWPPP.
Table 3. Qualitative Monitoring Requirements
Discharge Characteristics Frequency1 Monitoring
Location2
Color semi-annual SDO
Odor semi-annual SDO
Clarity semi-annual SDO
Floating Solids semi-annual SDO
Suspended Solids semi-annual SDO
Foam semi-annual SDO
Oil Sheen semi-annual SDO
Erosion or deposition at the outfall semi-annual SDO
Other obvious indicators of stormwater pollution I semi-annual SDO
Footnotes:
1 Measurement Frequency: Twice per year(unless other provisions of this permit prompt monthly
sampling) during a measurable storm event. See Table 2 for schedule of monitoring periods. The
permittee must continue qualitative monitoring throughout the permit renewal process.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) associated with industrial activity,regardless of representative outfall status.
If the permittee increases to monthly analytical monitoring as a result or Tier 2 or 3 status,
qualitative monitoring should also increase to monthly. Qualitative monitoring results do not need
to be submitted to the Division,except upon DEMLR's specific requirement to do so (See Part I11,
Section E. 1.),but these monitoring records must be retained on-site.
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Permit No.NCG170000
A minimum of 60 days must separate monitoring dates, unless additional sampling has been
instituted as part of other analytical monitoring requirements in this permit.
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or
that significant stormwater contamination is present,the permittee shall investigate potential
causes,evaluate the feasibility of corrective actions, and implement those corrective actions within
60 days,per the Qualitative Monitoring Response,below. A written record of the permittee's
investigation, evaluation,and response actions shall be kept in the Stormwater Pollution Prevention
Plan.
Qualitative Monitoring Response
Qualitative monitoring is for the purposes of evaluating SWPPP effectiveness,assessing new sources
of stormwater pollution, and prompting the permittee's response to pollution. If the permittee
repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if
the discharge causes or contributes to a water quality standard violation, DEMLR may but is not
limited to:
• require that the permittee revise,increase, or decrease monitoring frequency for some or
all parameters (analytical or qualitative);
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
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Permit No.NCG170000
SECTION D: SPECIAL CONDITIONS
A (1.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and
program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on
December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part III of
this permit(Standard Conditions for NPDES Permits):
• Section B. (5.) Signatory Requirements
• Section D. (6.) Records Retention
• Section E. (1.) Discharge Monitoring Reports
• Section E. (2.) Submitting Reports
1. Reporting Requirements [Supplements Section E. (1.) and Supersedes Section E.
L)
Effective December 21,2016 or when the agency's electronic reporting system is able to
accept NPDES stormwater permit monitoring data,the permittee shall report discharge
monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report
(eDMR) internet application. NC DEMLR will notify permittees when eDMR is ready to accept
stormwater monitoring data.
Monitoring results obtained during the previous month(s) shall be summarized for each month
and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the
state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and also will be required to complete the eDMR submission by
printing, signing,and submitting one signed original and a copy of the computer printed eDMR
to the following address:
NC DEQ/Division of Water Resources
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access,then a temporary waiver from the NPDES electronic reporting requirements
may be granted and discharge monitoring data may be submitted on paper DMR forms or
alternative forms approved by the Director. Duplicate signed copies shall be submitted to the
mailing address above. See"How to Request a Waiver from Electronic Reporting"section
below.
Regardless of the submission method,the first DMR is due no later than 30 days from the
date the facility receives the sampling results from the laboratory.
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Permit No.NCG170000
2. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain
an electronic reporting waiver,a permittee must first submit an electronic reporting waiver
request to the Division. Requests for temporary electronic reporting waivers must be
submitted in writing to the Division for written approval at least sixty(60) days prior to the
date the facility would be required under this permit to begin submitting monitoring data and
reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon
expire. At such time,monitoring data and reports shall be submitted electronically to the
Division unless the permittee re-applies for and is granted a new temporary electronic
reporting waiver by the Division. Approved electronic reporting waivers are not transferrable.
Only permittees with an approved reporting waiver request may submit monitoring data and
reports on paper to the Division for the period that the approved reporting waiver request is
effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found
on the following web page:
https://deq.nc.gov/about/divisions/water-resources/edmr
3. Signatory Requirements [Supplements Section B. (5.) (b) and Supersedes Section
B. (5.)(d)]
All eDMRs submitted to the permit issuing authority shall be signed by a person described in
Part II1,Section B. (5.)(a) or by a duly authorized representative of that person as described in
Part III,Section B. (5.)(b). A person,and not a position,must be delegated signatory authority
for eDMR reporting purposes.
For eDMR submissions,the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Carolina's eDMR system,registering for eDMR and obtaining an eDMR user account,please visit
the following web page:
https:Ildeq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall
make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
7 certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
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 forgathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
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Permit No.NCG170000
4. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from
the date of the report. This period may be extended by request of the Director at any time [40
CFR 122.41].
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Permit No.NCG170000
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL 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[40 CFR 122.41]:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the Certificate of Coverage and updated thereafter on an annual basis. Secondary
containment,as specified in Part II,Section A,Paragraph 2(b)of this general permit,shall be
accomplished within 12 months of the effective date of the issuance of the Certificate of Coverage.
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan
shall be developed and implemented prior to the beginning of discharges from the operation of the
industrial activity and be updated thereafter on an annual basis. Secondary containment,as specified
in Part II,Section A,Paragraph 2(b) of this general permit shall be accomplished prior to the
beginning of discharges from the operation of the industrial activity.
Existing facilities previously permitted and applying for renewal under this General Permit:
All requirements,conditions,limitations,and controls contained in this permit(except new SWPPP
elements in this permit renewal)shall become effective immediately upon issuance of the Certificate
of Coverage. New elements of the Stormwater Pollution Prevention Plan for this permit renewal
shall be developed and implemented within 6 months of the effective date of this general permit and
updated thereafter on an annual basis. Secondary containment,as specified in Part II,Paragraph
2(b)of this general permit shall be accomplished prior to the beginning of discharges from the
operation of the industrial activity.
2. Duty to Comply_
The permittee must comply with all conditions of this general permit. Any permit noncompliance
constitutes a violation of the Clean Water Act(CWA)and is grounds for enforcement action;for
permit termination,revocation and reissuance,or modification;or denial of a permit upon renewal
application. [40 CFR 122.41]
a. The permittee shall comply with standards or prohibitions established under section 307(a)of
the CWA for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions,even if the general permit has not yet been modified to incorporate
the requirement. [40 CFR 122.41]
b. The CWA provides that any person who violates section[s] 301,302,306,307,308,318 or 405 of
the Act,or any permit condition or limitation implementing any such sections in a permit issued
under section 402,or any requirement imposed in a pretreatment program approved under
sections 402(a)(3)or 402(b)(8) of the Act,is subject to a civil penalty not to exceed$37,500 per
day for each violation. [33 USC 1319(d)and 40 CFR 122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301,302,306, 307,308,
318,or 405 of the Act,or any condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act,or any requirement imposed in a pretreatment
program approved under section 402(a)(3)or 402(b)(8) of the Act,is subject to criminal
penalties of$2,500 to$25,000 per day of violation,or imprisonment of not more than 1 year,or
both.In the case of a second or subsequent conviction for a negligent violation,a person shall be
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Permit No.NCG170000
subject to criminal penalties of not more than$50,000 per day of violation,or by imprisonment
of not more than 2 years,or both. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections,or such conditions or limitations is subject to
criminal penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3
years,or both.In the case of a second or subsequent conviction for a knowing violation,a person
shall be subject to criminal penalties of not more than$100,000 per day of violation,or
imprisonment of not more than 6 years,or both. [33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301,302,303,306,307,308,318 or 405 of the Act,
or any permit condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act,and who knows at that time that he thereby places another person in
imminent danger of death or serious bodily injury,shall,upon conviction,be subject to a fine of
not more than$250,000 or imprisonment of not more than 15 years,or both.In the case of a
second or subsequent conviction for a knowing endangerment violation,a person shall be
subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years,or
both.An organization,as defined in section 309(c)(3)(B)(iii)of the CWA,shall,upon conviction
of violating the imminent danger provision,be subject to a fine of not more than$1,000,000 and
can be fined up to$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against
any person who violates or fails to act in accordance with the terms,conditions,or requirements
of a permit. [North Carolina General Statutes§ 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section
301,302,306,307,308,318 or 405 of this Act,or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act.
Administrative penalties for Class I violations are not to exceed$20,628 per violation,with the
maximum amount of any Class I penalty assessed not to exceed$51,570.Penalties for Class II
violations are not to exceed$20,628 per day for each day during which the violation continues,
with the maximum amount of any Class II penalty not to exceed$257,848. [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)]
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
general permit which has a reasonable likelihood of adversely affecting human health or the
environment. [40 CFR 122.41(d)]
4. Civil and Criminal Liability
Except as provided in Part III,Section C of this general permit regarding bypassing of stormwater
control facilities,nothing in this permit shall be construed to relieve the permittee from any
responsibilities,liabilities,or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6,or
Section 309 of the Federal Act,33 USC 1319. Furthermore,the permittee is responsible for
consequential damages,such as fish kills,even though the responsibility for effective compliance may
be temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this general permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities,liabilities,or penalties to which the permittee is or
may be subject to under NCGS 143-215.75 et seq.or Section 311 of the Federal Act,33 USC 1321.
6. Property Rights
The issuance of this general permit does not convey any property rights in either real or personal
property,or any exclusive privileges,nor does it authorize any injury to private property or any
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Permit No.NCG170000
invasion of personal rights,nor any infringement of Federal,State or local laws or regulations [40
CFR 122.41(g)].
7. Severability
The provisions of this general permit are severable,and if any provision of this general permit,or the
application of any provision of this general permit to any circumstances,is held invalid,the
application of such provision to other circumstances,and the remainder of this general permit,shall
not be affected thereby[NCGS 15013-23].
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying,revoking and reissuing,or terminating the general permit issued pursuant to this general
permit or to determine compliance with this general permit. The permittee shall also furnish to the
Permit Issuing Authority upon request,copies of records required to be kept by this general permit
[40 CFR 122.41(h)].
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies,tampers with,or knowingly renders
inaccurate,any monitoring device or method required to be maintained under this general permit
shall,upon conviction,be punished by a fine of not more than$10,000 per violation,or by
imprisonment for not more than two years per violation,or by both. If a conviction of a person is for
a violation committed after a first conviction of such person under this paragraph,punishment is a
fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years,or
both [40 CFR 122.411.
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation,or certification in any record or other document submitted or required to be
maintained under this general permit,including monitoring reports or reports of compliance or
noncompliance shall,upon conviction,be punished by a fine of not more than$10,000 per violation,
or by imprisonment for not more than two years per violation,or by both [40 CFR 122.41].
11. Onshore or Offshore Construction
This general permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
12. Duty to Reapply
Dischargers covered by this general permit need not submit a new Notice of Intent(NOI)or renewal
request unless so directed by the Division. If the Division chooses not to renew this general permit,
the permittee will be notified to submit an application for an individual permit. [15A NCAC 02H
.0127(e)]
SECTION B: GENERAL CONDITIONS
1. General Permit Expiration
General permits will be effective for a term not to exceed five years,at the end of which the Division
may renew them after all public notice requirements have been satisfied. If a general permit is
renewed,existing permittees do not need to submit a renewal request or pay a renewal fee unless
directed by the Division. New applicants seeking coverage under a renewed general permit must
submit a Notice of Intent to be covered and obtain a Certificate of Coverage under the renewed
general permit. [15A NCAC 02H.0127(e)]
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Permit No.NCG170000
2. Transfers
This general permit is not transferable to any person without prior written notice to and approval
from the Director in accordance with 40 CFR 122.61.The Director may condition approval in
accordance with NCGS 143-215.1,in particular NCGS 143-215.1(b)(4)b.2.,and may require
modification or revocation and reissuance of the Certificate of Coverage,or a minor modification,to
identify the new permittee and incorporate such other requirements as may be necessary under the
CWA[40 CFR 122.41(1)(3),122.61] or state statute. The Permittee is required to notify the
Division in writing in the event the permitted facility is sold or closed.
3. When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a certificate of
coverage issued pursuant to this general permit to apply for and obtain an individual permit or an
alternative general permit. Any interested person may petition the Director to take action under this
paragraph. [15A NCAC 02H.0127(i)-(j)] Cases where an individual permit may be required include,
but are not limited to,the following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change,altering the constituents and/or characteristics of
the discharge such that the discharge no longer qualifies for a general permit;
C. The discharge violates the terms or conditions of this general permit;
d. A change has occurred in the availability of demonstrated technology or practices for the
control or abatement of pollutants applicable to the point source;
e. Effluent limitations are promulgated for the point sources covered by this general permit;
f. A water quality management plan containing requirements applicable to such point sources
is approved after the issuance of this general permit;
g. The Director determines at his or her own discretion that an individual permit is required.
4. When an Individual Permit May be Requested
Any permittee operating under this general permit may request to be excluded from the coverage of
this general permit by applying for an individual permit. When an individual permit is issued to an
owner/operator the applicability of this general permit is automatically terminated on the effective
date of the individual permit. [15A NCAC 02H.0127(h)]
5. Signatory Requirements
All applications,reports,or information submitted to the Permitting Issuing Authority shall be signed
and certified. [40 CFR 122.41(k)]
a. All Notices of Intent to be covered under this general permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer.For the purpose of this Section,a
responsible corporate officer means: (a)a president,secretary,treasurer or vice president
of the corporation in charge of a principal business function,or any other person who
performs similar policy or decision making functions for the corporation,or(b)the manager
of one or more manufacturing,production,or operating facilities,provided,the manager is
authorized to make management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations,and initiating and directing other comprehensive measures to assure
long term environmental compliance with environmental laws and regulations;the manager
can ensure that the necessary systems are established or actions taken to gather complete
and accurate information for permit application requirements;and where authority to sign
documents has been assigned or delegated to the manager in accordance with corporate
procedures.
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Permit No.NCG170000
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively;or
(3) For a municipality,State,Federal,or other public agency: by either a principal executive
officer or ranking elected official. [40 CFR 122.22]
b. All reports required by the general permit and other information requested by the Permit
Issuing Authority shall be signed by a person described in paragraph a.above or by a duly
authorized representative of that person.A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity,such as the position of plant manager,
operator of a well or well field,superintendent,a position of equivalent responsibility,or an
individual or position having overall responsibility for environmental matters for the company.
(A duly authorized representative may thus be either a named individual or any individual
occupying a named position.);and
(3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.221
c. Changes to authorization: If an authorization under paragraph(b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of
the facility,a new authorization satisfying the requirements of paragraph(b) of this section must
be submitted to the Director prior to or together with any reports,information,or applications to
be signed by an authorized representative [40 CFR 122.22]
d. Certification.Any person signing a document under paragraphs a.or b.of this section shall make
the following certification [40 CFR 122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL
BE ACCEPTED:
'7 certify,under penalty of law,that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
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 forgathering the
information,the information submitted is,to the best of my knowledge and belief,true,accurate,
and complete.I am aware that there are significant penalties for submitting false information,
including the possibility offines and imprisonmentfor knowing violations."
6. General Permit Modification.Revocation and Reissuance,or Termination
The issuance of this general permit does not prohibit the Permit Issuing Authority from reopening
and modifying the general permit,revoking and reissuing the general permit,or terminating the
general permit as allowed by the laws,rules,and regulations contained in Title 40,Code of Federal
Regulations,Parts 122 and 123;Title 15A of the North Carolina Administrative Code,Subchapter 2H
.0100;and North Carolina General Statute 143-215.1 et al.
After public notice and opportunity for a hearing,the general permit may be terminated for cause.
The filing of a request for a general permit modification,revocation and reissuance,or termination
does not stay any general permit condition. The Certificate of Coverage shall expire when the
general permit is terminated.
7. Certificate of Coverage Actions
The general permit may be modified,revoked and reissued,or terminated for cause. The notification
of planned changes or anticipated noncompliance does not stay any general permit condition [40
CFR 122.41(f)].
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Permit No.NCG170000
8. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty)days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A
NCAC 2H.0105(b)(2)may cause this Division to initiate action to revoke coverage under the general
permit.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control(and related appurtenances)which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision requires
the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of this permit. [40
CFR 122.41(e)]
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
general permit. [40 CFR 122.41(c)]
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited,and the Director may take enforcement action against a permittee for bypass
unless:
a. Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;and
b. There were no feasible alternatives to the bypass,such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance;and
c. The permittee submitted notices as required under,Part III,Section E of this general permit.
If the Director determines that it will meet the three conditions listed above,the Director may
approve an anticipated bypass after considering its adverse effects.
4. Upsets
a. Effect of an upset[40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an
action brought for excursion from permit benchmark concentrations and/or noncompliance
with monitoring requirements if the requirements of this condition are met.No determination
made during administrative review of claims that noncompliance was caused by upset,and
before an action for noncompliance,is final administrative action subject to judicial review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the
affirmative defense of upset shall demonstrate,through properly signed,contemporaneous
operating logs,or other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permitted facility was at the time being properly operated;
(3) The Permittee submitted notice of the upset as required in Part III,Section E,Item (9) of
this general permit;and
(4) The Permittee complied with any remedial measures required Part III,Section E,Item(9) of
this permit.
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Permit No.NCG170000
c. Burden of proof[40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an
upset has the burden of proof in any enforcement proceeding.
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 measurable
storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All
samples shall be taken before the discharge joins or is diluted by any other waste stream,body of
water,or substance. Monitoring points as specified in this general permit shall not be changed
without notification to and approval of the Permit Issuing Authority. [40 CFR 122.41(j)]
2. Recording Results
For each measurement or sample taken pursuant to the requirements of this general permit,the
permittee shall record the following information[40 CFR 122.411:
a. The date,exact place,and time of sampling or measurements;
b. The individual(s)who performed the sampling or measurements;
c. The date(s)analyses were performed;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;and
f. The results of such analyses.
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 general permit,all test procedures must
produce minimum detection and reporting levels and all data generated must be reported down to
the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below general permit
discharge requirements,then the most sensitive(method with the lowest possible detection and
reporting level)approved method must be used.
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
Qualitative monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan(SWPPP). Copies of analytical monitoring results shall also be
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Permit No.NCG170000
maintained on-site or be available electronically to a DEMLR inspector upon request. The permittee
shall retain records of all monitoring information,including
o all calibration and maintenance records,
o all original strip chart recordings for continuous monitoring instrumentation,
o copies of all reports required by this general permit,
o copies of all data used to complete the Notice of Intent to be covered by this general permit.
These records or copies shall be maintained for a period of at least 5 years from the date of the
sample,measurement,report or Notice of Intent application. This period may be extended by
request of the Director at any time. [40 CFR 122.41] If this volume of records cannot be maintained
on-site,the documents must be made available to an inspector upon request as immediately as
possible.
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 general permit;
b. Have access to and copy,at reasonable times,any records that must be kept under the conditions
of this general permit;
c. Inspect at reasonable times any facilities,equipment(including monitoring and control
equipment),practices,or operations regulated or required under this general permit;and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act,any substances or parameters at any location. [40
CFR 122.41(i)]
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this general permit shall be submitted to the
Division on Discharge Monitoring Report(DMR)forms provided by the Director. DMR forms are
available on the Division's website(https://deg.nc.gov/about/divisions/energy-mineral-land-
resources/npdes-industrial-stormwater). Submittals shall be delivered to the Division no later than
30 days from the date the facility receives the sampling results from the laboratory.
When no discharge has occurred from the facility during the report period,the permittee is required
to submit a discharge monitoring report,within 30 days of the end of the specified sampling
period,giving all required information and indicating"NO FLOW"as per NCAC T15A 02B.0506.
If the permittee monitors any pollutant more frequently than required by this general permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this general
permit or other appropriate instrument governing the discharge,the results of such monitoring shall
be included in the data submitted on the DMR. [40 CFR§122.41(1)]
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division,except upon DEMLR's specific
requirement to do so. Qualitative Monitoring Report forms are available at the website above.
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Permit No.NCG170000
2. Submitting Reports
Two signed copies of Discharge Monitoring Reports(DMRs)shall be submitted to DWR Central Files
(not DEMLR):
Central Files
Division of Water Resources (DWR)
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
The Permit Issuing Authority may require the permittee to begin reporting monitoring data
electronically during the term of this permit. The permittee may be required to use North Carolina's
eDMR internet application for that purpose. Until such time that the state's eDMR application is
compliant with EPA's Cross-Media Electronic Reporting Regulation(CROMERR),permittees will be
required to submit all discharge monitoring data to the state electronically using eDMR and will be
required to complete the eDMR submission by printing,signing,and submitting one signed original
and a copy of the computer printed eDMR to the address above.
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2)or Section 308 of the
Federal Act,33 USC 1318,all reports prepared in accordance with the terms shall be available for
public inspection at the offices of the Division. As required by the Act,analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this general permit coincides with a non-
stormwater discharge,the permittee shall separately monitor all parameters as required under all
other applicable discharge permits and provide this information with the stormwater discharge
monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged [40
CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in
the general permit or subject to notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes at the permitted
facility which may result in noncompliance with the general permit. [40 CFR 122.41(1)(2)]
7. Snills
The permittee shall report to the local DEMLR Regional Office,within 24 hours,all significant spills as
defined in Part IV of this general permit. Additionally,the permittee shall report spills including: any
oil spill of 25 gallons or more,any spill regardless of amount that causes a sheen on surface waters,
any oil spill regardless of amount occurring within 100 feet of surface waters,and any oil spill less
than 25 gallons that cannot be cleaned up within 24 hours.
8. Bypass
Notice[40 CFR 122.41(m)(3)]:
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Permit No.NCG170000
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass,it shall submit
prior notice,if possible at least ten days before the date of the bypass;including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of
an unanticipated bypass.
9. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the circumstances.
A written submission shall also be provided within 5 days of the time the permittee becomes
aware of the circumstances.
The written submission shall contain a description of the noncompliance,and its causes;the
period of noncompliance,including exact dates and times,and if the noncompliance has not been
corrected,the anticipated time compliance is expected to continue;and steps taken or planned to
reduce,eliminate,and prevent reoccurrence of the noncompliance. [40 CFR 122.41(1)(6)]
b. The Director may waive the written report on a case-by-case basis for reports under this section
if the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at(800) 662-7956,[phone] or(919) 733-3300.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24-hour reporting at
the time monitoring reports are submitted. [40 CFR 122.41(1)(7)]
11. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to
be covered under this general permit,or submitted incorrect information in that Notice of Intent
application or in any report to the Director,it shall promptly submit such facts or information. [40
CFR 122.41(1)(8)]
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Permit No.NCG170000
PART IV DEFINITIONS
1. Act
See Clean Water Act.
2. Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel,such as local
flooding,high winds,or electrical storms,or situations that otherwise make sampling impractical.
When adverse weather conditions prevent the collection of samples during the sample period,the
permittee must take a substitute sample or perform a visual assessment during the next qualifying
storm event.Documentation of an adverse event(with date,time and written narrative)and the
rationale must be included with your SWPPP records. Adverse weather does not exempt the
permittee from having to file a monitoring report in accordance with the sampling schedule.Adverse
events and failures to monitor must also be explained and reported on the relevant DMR.
3. Allowable Non-Stormwater Discharges
This general permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
a. All other discharges that are authorized by a non-stormwater NPDES permit.
b. Uncontaminated groundwater,foundation drains,air-conditioner condensate without added
chemicals,springs,discharges of uncontaminated potable water,waterline and fire hydrant
flushings,water from footing drains,irrigation waters,flows from riparian habitats and
wetlands.
c. Discharges resulting from fire-fighting or fire-fighting training,or emergency shower or eye
wash as a result of use in the event of an emergency.
4. Best Management Practices CBMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may
take the form of a process,activity,or physical structure. More information on BMPs can be found at:
http://www.epa.gov/npdes/national-menu-best-management-practices-bmp s-
stormwater#edu.
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system,which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials,manufactured products,waste materials or by-products with a single above
ground storage container having a capacity of greater than 660 gallons or with multiple above
ground storage containers having a total combined storage capacity of greater than 1,320 gallons.
7. Certificate of Coverage(COC).
The Certificate of Coverage is the cover sheet which accompanies a general permit upon issuance and
lists the facility name,location,receiving stream,river basin,effective date of coverage under the
general permit and is signed by the Director.
8. Clean Water Act
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33
USC 1251,et.seq.
9. Division or DEMLR
The Division of Energy,Mineral,and Land Resources,Department of Environmental Quality(DEQ),
formerly the Department of Environment and Natural Resources.
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Permit No.NCG170000
10. Director
The Director of the Division of Energy,Mineral,and Land Resources,and the permit issuing
authority.
11. EMC
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed(quantitatively
or qualitatively)must be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility,a surface impoundment,an injection well,a hazardous waste long-term
storage facility or a surface storage facility.
15. Measurable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm
events during the sampling period,and obtains approval from the local DEMLR Regional Office. Two
copies of this information and a written request letter shall be sent to the local DEMLR Regional
Office. After authorization by the DEMLR Regional Office,a written approval letter must be kept on
site in the permittee's SWPPP.
16. Municipal Separate Storm Sewer System(MS4).
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
17. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a
storm-resistant shelter or acceptable storage containers to prevent exposure to rain,snow,
snowmelt,or runoff. Industrial materials or activities include,but are not limited to,material
handling equipment or activities,industrial machinery,raw materials,intermediate products,by-
products,final products,or waste products. DEMLR may grant a No Exposure Exclusion from NPDES
stormwater permitting requirements only if a facility complies with the terms and conditions
described in 40 CFR 122.26(g).
18. Notice of Intent
The state application form which,when submitted to the Division,officially indicates the facility's
notice of intent to seek coverage under a general permit.
19. Permit Issuing Authority
The Director of the Division of Energy,Mineral,and Land Resources (see"Director"above).
20. Permittee
The owner or operator issued a Certificate of Coverage pursuant to this general permit.
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Permit No.NCG170000
21. Point Source Discharge of Stormwater
Any discernible,confined and discrete conveyance including,but not specifically limited to,any pipe,
ditch,channel,tunnel,conduit,well,or discrete fissure from which stormwater associated with
industrial activity is or may be discharged to waters of the state.
22. Representative Outfall Status (ROS)
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls,the DEMLR may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
23. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to allow for the 25-year,24-hour storm event.
24. Section 313 Water Priority Chemical
A chemical or chemical category which:
b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act(SARA)of 1986,also titled the Emergency Planning and Community Right-
to-Know Act of 1986;
c. Is present at or above threshold levels at a facility subject to SARA title III,Section 313 reporting
requirements;and
d. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table II(organic priority pollutants),Table
III (certain metals,cyanides,and phenols)or Table IV(certain toxic pollutants and
hazardous substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4;or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
25. Severe Property Damage
Substantial physical damage to property,damage to the control facilities which causes them to
become inoperable,or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
26. Significant Materials
Includes,but is not limited to:raw materials;fuels;materials such as solvents,detergents,and plastic
pellets;finished materials such as metallic products;raw materials used in food processing or
production;hazardous substances designated under section 101(14) of CERCLA;any chemical the
facility is required to report pursuant to section 313 of Title III of SARA;fertilizers;pesticides;and
waste products such as ashes,slag and sludge that have the potential to be released with stormwater
discharges.
27. Significant Spills
Includes,but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act(Ref:40 CFR 110.3and 40 CFR 117.3)or section
102 of CERCLA(Ref:40 CFR 302.4).
28. Stormwater Discharge Outfall(SDO)
The point of departure of stormwater from a discernible,confined,or discrete conveyance,including
but not limited to,storm sewer pipes,drainage ditches,channels,spillways,or channelized collection
areas,from which stormwater flows directly or indirectly into waters of the State of North Carolina.
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Permit No.NCG170000
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
30. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying Stormwater and
which is directly related to manufacturing,processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in"industrial activities"include those activities defined in
40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded
from the NPDES program.
31. Stormwater Control Measure(SCM)
A permanent structural device that is designed,constructed,and maintained to remove pollutants
from stormwater runoff by promoting settling or filtration or mimic the natural hydrologic cycle by
promoting infiltration,evapo-transpiration,post-filtration discharge,reuse of stormwater,or a
combination thereof.
32. Stormwater Pollution Prevention Plan(SWPPP).
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.
33. Total Maximum Daily Load(TMDLI
TMDLs are written plans for attaining and maintaining water quality standards,in all seasons,for a
specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be
found at http://deq.nc.govlabout/divisions/water-resources lanning/modeling-
assessment/tmdls.
34. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
35. Upset
An exceptional incident in which there is an unintentional and temporary excursion from permit
benchmark concentrations and/or noncompliance with monitoring requirements 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,lack of preventative
maintenance,or careless or improper operation. Benchmark exceedances during an upset condition
shall not trigger tier response actions.
36. Vehicle and Equipment Maintenance Activity_
Vehicle rehabilitation,mechanical repairs,painting,fueling,lubrication,vehicle cleaning operations,
or airport deicing operations. This definition includes equipment maintenance activity that uses
hydraulic oil and that is stored or used outside,or otherwise exposed to stormwater.
37. 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.
38. 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.
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