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NCS000046_APPLICATION_20180403
-----STORIGIINATE R-DIVISION-CODING-SHEET PERMIT NO. NG���ti6 DOC TYPE ❑FINAL PERMIT ❑ MONITORING INFO �bAPPLICATION ❑ COMPLIANCE ❑ OTHER YYYYMMDD * �,,,y�F'� Division of Energy, Mineral & Land Resources .ii�� Land Quality 5ection/Stormwater Permitting National Pollutant Discharge Elimination System NCDENR NWUWL FZ20LBM PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date ReceNed Year Month I Da 1. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage ' S Q 0 0 0 4 6 C G II. Permit status prior to requested change. a. Permit issued to (company name): Airgas Specials Gases, Inc. - b. Person legally responsible for permit: Daniel Farris. (P ..5 �irKii<9iTI�t'�1t3 c. Facility name (discharge): d. Facility address: e. Facility contact person: First MI Last Safety and Compliance Director Title 630 United Drive Permit Holder Mailing Address Durham NC 27713 City State Zip 919 544-3773 (877) 408-7998 Phone Fax Airgas Specialty Gases, Inc. 630 United Drive Address Durham NC 27713 City State Zip Charlie Winston (919) 544-3773 First / MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility ® Name change of the facility or owner If other please explain: Legal Entity Name Change Only ^ b. Permit issued to (company name): Airgas USA, LLC c. Person legally responsible for permit: Daniel Farris First _ MI Last Safety And Compliance Director Title Airgas USA, LLC Pennit holder Mailing Address Durham NC 27713 City state Zip (267) 688-6713 dan.farris@airgas.com Phone • E-mail Address d. Facility name (discharge): Airgas USA, LLC e. Facility address: 630 United Drive Address Durham _NC 27713 City State Zip f. Facility contact person: Charlie Winston First Ml Last (919) 544-3773 charlie.winston@airgas.com Phone E-mail'Address IV. Permit contact information (if different from the person legally responsible for the permit) P-A- A 1- 17 711A NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Va0d2of2 Permit contact: First MI Last Title Mailing Address City State Zip Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name.change? ® Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request, For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, Daniel Farris, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be ret d as incomplete. 4/13/2016 Signature Date APPLICANT CERTIFICATION 1, Daniel Farris, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be re tu d as incomplete. April 13, 2016 Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 0e.A-4 1— 17 INA Delaware Palle 1 The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "AIRGAS SPECIALTY GASES, INC.«, A TEXAS CORPORATION, WITH AND INTO "AIRGAS USA, LLC" UNDER THE NAME OF "AIRGAS USA, LLC", A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE ON THE TWENTY—THIRD DAY OF MARCH, A.D. 2016, AT 12:14 O'CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF MERGER IS TIM FIRST DAY OF APRIL, A.D. 2016 AT 12:02 O'CLOCK A.M. .4 a � 6 Q 5032015 8100M 4V SU 20161823385 You may verify this certificate online at corp.delaware.gov/authver,shtml 7 Authentication: 202034377 Date: 03-23-16 ATTACHMENT A ASG RESTRUCTURING SUMMARY Airgas, Inc. is carrying out a restructuring of its operating companles. Currently, Airgas, Inc. is the owner and parent company of Airgas Specialty Gases, Inc., a Texas corporation ("ASGI, and Airgas USA, LLC, a Delaware limited liabilitycompany ("Airgas USA'). Effective April 1, 2016, Airgas, Inc. will merge ASG into Airgas USA. Airgas, Inc. is and will remain the sole member (owner) of Airgas USA. When the restructuring is complete ASG will no longer be a separate legal entity and all of the business and operations of ASG will be carried out by Airgas USA. The restructuring is illustrated below. Pre -Restructuring AIrgas, Inc. (Parent Company/Sole owner) Post -Restructuring Airgas, Inc. (Parent Company/Sole Member) Airgas USA, LLC I I Airgas specialty Gases, Inc. I I i Airgas USA, LLC Permit Coverage er%Vrrrzd I.6T)AI `7bi ATA Renewal ARRUcation Form NPDES Permit Number NCMR National Pollutant Discharge Elimination System NCS000046 Stormwater Individual Permit Please provide your permit number in box in the upper right hand corner, complete the information in the space provided below and return the completed renewal form along with the required supplemental information to the address indicated. Owner Information * Address to which permit correspondence will be mailed Owner / Organization Name: Airgas Specialty Gases ^ Owner Contact: Charlie Winston Mailing Address: 630 United Dr. Durham NC 27713 Phone Number: 919-544-3773 Fax Number: 919-544-3774 E-mail address: charlie.winston@airgas.com Facility Information Facility Name: Airgas Specialty Gases Durham Facility Physical Address: 630 United Dr. Durham NC 27713 Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Permit Information Permit Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Discharme Information Receiving Stream: Stream Class: Basin: Sub -Basin: Number of Outfalls: Facility/Activity Changes separate sheet if necessary. NO change in activities Charlie Winston 630 United Dr. Durham NC 27713 919-544-3773 919-544-3774 charlie.winston@airgas.com Charlie Winston 630 United Dr. Durham NC 27713 919-544-3773 ex 105 charlie.winston UT of Northeast Creek C CaLFear NSW stream Please describe below any changes to your facility or activities since issuance of your permit. Attached a Added second Carbon Dioxide storage tank and diesel additive over pack container CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is/true,, complete and accurate. c Signature V� ✓YG C�2�-� !ti I.wa Date a O 'f C Print or type name of person signing above Title SW Individual Permit Coverage Renewal Please return this completed application form Stormwater Permitting Program and requested supplemental information to: 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Permit Coverage QGA Renewal Application Form """-----�latie��al-i�allutartt BisefragetilimiaatiaF►-System NPDES Permit Number I�G©EI�R 5tormwater Individual Permit NCS000046 Please provide your permit number in box in the upper right hand corner, complete the information in the space provided below and return the completed renewal form along with the required supplemental information to the address indicated. Owner Information * Address to whlch permit correspondence will be mailed Owner / Organization Name: Air as Specialty Gases Owner Contact: Charlie Winston Mailing Address: 630 United Dr. Durham NC 27713 Phone Number: 919-544-3773 Fax Number: 919-544-3774 E-mail address: chariie.winston@airgas.com Facility Information Facility Name: Air as Specialty Gases Durham Facility Physical Address: 630 United Dr. Durham NC 27713 Facility Contact: Charlie Winston Mailing Address: 630 United Dr. Durham NC 27713 Phone Number: 919-544-3773 Fax Number: 919-544-3774 E-mail address: charlie.winston@airgas.com Permit Information Permit Contact: Charlie Winston Mailing Address: 630 United Dr. Durham NC 27713 Phone Number: 919-544-3773 ex 105 Fax Number: 919-544-3774 E-mail address: charlie.winston@airgas.com Discharne Information Receiving Stream: UT of Northeast Creek Stream Class: C Basin: Cape Fear Sub -Basin: NSW stream Number of Outfalls: 3 Facility/ Activity Change Please describe below any changes to your facility or activities since issuance of your permit. Attached a separate sheet if necessary. NO change in activities Added second Carbon Dioxide storage tank and diesel additive over pack container CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. �� Signature �_L� Date a d r 14 Gharhp Winstnn _ Plant Manager _ Print or type name of person signing above Title Please return this completed application form SW Individual Permit Coverage Renewal and r Stormwater Permitting Program equested supplemental information to: 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Al c 5 o o o d Y (0 SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials C'tJJ l . A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. C 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. �1 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. Ifthe implementation of any BMP's is planned, please include information on these BMP's. CA-) 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. (SCAJ 5. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. 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' I ) .mlrr, nul rn,l Xln r.9. I ! I I i w+wl � r � •\:I I i � ;j i i I r,+rrl n,ll•.n.• — ll I i / I ,n N1111YI rx Y.1 "r•)1r III'J- I IWW.r -A I '�IINrnXlSnr w,l 1:I+rR/15 ,[rrnlllln.Ax;,1 N,r.nl li'Jul•I +i% I r I •'I ..' �, rlr�rrt, xcrrn'1 . lr unxn r---•-I � .1 � I �nnll ,........ i >Ir'15.Irnxt . IIr VI � I'r'.I,rl 1 Ilrvnfll Ilia',,! l ISri xl. r 1 I� I x II� ]ltlaMR1, 'I II I I I i f !iilI 4 ,r �li ICIC IIIa�Ii•r41 1-' I I _ Y nnvP Ill 5 Y,,1 f l I x'iV,XwIX 1{ ., , 'Il nil III11.1 :Ilnl GIS_A i� ,�-�• �alnl, IInS A�11i141 II lI1Fll1 '.5.1 N[3DO0O46'Summary ofAnalytical Monitoring 77, tj 121 77 y<o� LD � | l —�----'---|--------------[----------- ASG Durham NCS000046 Table 3. Benchmark Values for Analytical Monitoring w Discharge Characteristics,; G f Benchmarl. _.:.-..Units'` Total Suspended Solids. TSS mg/L 100 Chemical Oxygen Demand; mJL 120 COD Nitrogen, Total mall 30 Phosphorus, Total mg/L 2 pH standard 6-9 � 'im NC3OOU046'Summary ofAnalytical Monitoring COD P ------------- tic COD NI to No AIw le l� ASG Durham NCS000046 Table I Benchmark Values for Analvfical Monitoring .. ,Discharge ti'ar-'acA'e";- r Characteristics , .'� ui� Benchmark Total Suspended Solids, TSS ma/L 100 Chemical Oxygen Demand, COD Oxygen rn g/L 120 Nitrogen. Total m or/ L 30 Phosphorus, Total rntrYL 1 pH standard 6-9 NCS000046 - Summary of Visual Monitoring z Parameters Observed Observations Dates Monitoring Conducted {3i �, ZRI Outfall 1 1.75" rain over 3 hours clear, no smell, 11/13/2009 Outfall 2 3.70"rain over 2 hours clear, no oil 7/5/2011 Outfall 3 .9"rain over 2 hours clear, no oil or foam 8/2/2013 NCS000046 - Summary of Visual Monitoring Parameters Observed Observations Dates Monitoring Conducted Outfall 1 1.75" rain over 3 hours clear, no smell, 11/13/2009 Outfall 2 3.70"rain over 2 hours clear, no oil 7/5/2011 Outfall 3 .Train over 2 hours clear, no oil or foam 8/2/2013 NCS000046 ASG Durham Best Management Practices at ASG Durham consist of monthly 59 item housekeeping inspection, a quarterly 78 item physical conditions inspection. We use an Aerosolv system to puncture aerosol paint cans and contain the residual before disposal. Burnt lights and spent batteries are sent to proper disposal centers. Our used vacuum oil is collected and stored inside a containment room until sufficient amount can be sent to proper reclamation facility. We have covered trash containers and daily remove waste and debris from inside the facility. In addition we have universal spill kits positioned throughout the facility. NC5000046 ASG Durham Best Management Practices at ASG Durham consist of monthly 59 item housekeeping inspection, a quarterly 78 item physical conditions inspection. We use an Aerosolv system to puncture aerosol paint cans and contain the residual before disposal. Burnt lights and spent batteries are sent to proper disposal centers. Our used vacuum oil is collected and stored inside a containment room until sufficient amount can be sent to proper reclamation facility. We have covered trash containers and -daily remove waste and debris from inside the facility. In addition we have universal spill kits positioned throughout the facility. NCS000046 ASG Durham Significant changes: At ASG Durham there been no changes neither addition nor deletion of work processes, material handling, storage or raw materials used. NCS000046 ASG Durham Significant changes: At ASG Durham there been no changes neither addition nor deletion of work processes, material handling, storage or raw materials used. STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION North Carolina Division of Energy, Mineral, and Land Resources - Storm water Permitting Facility Name: Permit Number: Location Address: County: D v rN0. Inc:, " I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP_ Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." And "I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." µ •�, �.. s 3F E y. i4 ,r.s ri.. f- e g ,�S�gn,(accvr�ding�tvE perm><t signatgry,=rer�u�rements} and return,'ti��s;�Certifcat�an r�DO�NO�T' ;`7��{,' a'SENDS'T4RMWATER+POLLUTION TPREENTION�PLAN�WIT�HuTHISF@ERIFIG` `'LION° Signature � GW U L w t"ka, _ Oate '-A . 0. . Zb Ili W1fn5Y0y\ 7k 0. r Print or type name of person signing above Title SPPP Certification 10113 STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION North Carolina Division of Energy, Mineral, and Land Resources - Stormiwater Permitting Facility Name: Permit Number: Location Address: County: D U "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." And "I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." _} - f 1. 2 'g FSign;(accordtn'g to permit signatory requirements} andrret.urn-;thtsICertificahon -iD0"-3NOT, .H,� x ]SEND STORMWATER POLLUTION PREVENTION;.PLAN-W#-IW T i S�.CERTIFkICAATION Signature ��•.G�,c �`�. _ (,�rlC,f1,-e \I)t+1-1bY�v, Print or type name of person signing above 12 c�f9WR JUL 1 6 2014 orcw - W—AQUALIFY Date a , b 7� n Title SPPP Certification 10l13 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director May 10, 1999 GERALD S CARVER NATIONAL SPECIALTY GASES PO BOX 12013 RESEARCH TRIANGLE PARK, NC 27709 1kTWA r•• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal National Specialty Gases Permit Number NCS000046 Durham County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000046- This permit expires on November 30. 1999. 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 supplimental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information by June 14, 1999 in order to constitute a timely renewal filing. Recent legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced later this year for your annual fee.) A copy of the new fee schedule is enclosed in this package. Failure to request renewal by June 14, 1999 may result in a civil assessment of at least $250.00. 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 $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Tony Evans of the Stormwater and General Permits Unit at (919) 733-5083, ext. 584. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Raleigh Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper it RECE1 VE,0 SEP 19 701, aafergfRe9 n 7 Environmental 5ervices,Group Incorporated Safety / Health / Environmental / Aegulatory Services WindRiver Office Building, Suite 260 2300 Cottondale bane Little Rock, AR 72202 (501) 663-4731 Telephone Toil Free 1-800-887-6752 (501) 663-7798 Facsimile September 9, 2011 Mr. Mack Wiggins Environment Specialist North Carolina Department of Environment and Natural Resources Division of Water Quality RE: Stormwater Compliance Evaluation Inspection Airgas Specialty Gases Permit No.: NCS000046 Durham County, NC ' Feasibility Study, Part II, Section A, 2(a) Dear Mr. Wiggins, As per Part II, Section A, 2(a), Airgas Specialty Gases will implement the actions entailed in this provision. Airgas Specialty Gases will seek methods to reduce the exposure of materials and processes to the storm water. Airgas Specialty Gases will move cylinder storage out of flow path of storm water to covered areas around the outside of the plant and will, when practical and space permits, to move cylinders inside the plant. Other cylinders will be situated so that they do not interfere with the flow of storm water exiting the facility. Airgas Specialty Gases will explore the possibility of constructing additional covered areas to increase their non -storm water contact areas where feasible. This proposed construction will be introduced in Mr. Winston's capital improvements schedules and will phase in this proposal over a 3 to 5 year period. -1- PART H - MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN 2. STORMWATER MANAGEMENT PLAN Control or minimization of the exposure of significant materials to stormwater, including structural and nonstructural measures (a) FEASIBILITY STUDY 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. Where practical, the facility 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 plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) RELOCATION OF CYLINDERS All cylinders will be stored on pallets under covered areas where practical. Cylinders will be stored in such a manner as to not come in contact with stormwater flow. All debris will be picked up and deposited in the appropriate waste containers and will be recycled when possible. All areas will be kept in a clean, swept -up condition and waste disposed of properly. (c) PHYSICAL IlVIPROVEMENTS Airgas Specialty Gases will study their current facility and develop a plan for the potential of construction of additional covered areas to increase their non -contact exposure to runoff. This proposal.should be implemented over a period of 5 years and will require approval of Airgas, Inc. - IIA 2(a) - Mr. Wiggins, as you know, ASG is a gas distribution facility. The nature of these gases are such that a leak or rupture is unlikely to reach the ground surface due to the evaporation of the gas when it is released, therefore, contamination to the surface would be minimal. Enclosed are the original site plan and a revised site plan that shows revisions to the facility and areas where cylinder storage has been relocated. Also included, is pertinent information that will outline the necessary actions to maintain implementation of the "Feasibility Study". Airgas Specialty Gases, Durham County, North Carolina, strives to meet all state and federal regulations and to be a conscientious, safe and environmentally sound corporate citizen of the state of North Carolina. Sincerely, Q-lZ- 11 Kenneth Jones Environment Services Group, Inc. Project Manager kjones@esgisafety.com Enc: Site Drainage No. 1- With removed areas Site Drainage No. 2- New map showing existing facility x G� �. Date 9. I5*. Zr)7! Charlie Winston Facility Manager Airgas Specialty Gases Durham County; NC -2- wr. Charlie, Winston, Plant Manager Airgas Specialty Gases August 29.2011 E E I V E D"' SEP 19 2011 Rate I. Requirements: '9 Reg n��0#Iice 1. Please send the latest analytical results and perform Analytical monitoring as required by Part II, Section B of your individual permit NCS000046. Please send in the results to the Raleigh Regional Office, Surface Water Protection, 1628 Mail Service Center, Raleigh, NC 27699- 1628. Please use the attached form provided by the Division of Water Quality. 2. Please address and incorporate the feasibility study in your plan as required by Part Il, Section A, 2 (A). of your individbal permit NCS000046. 3. Document in your plan the date your plan was updated annually and provide a signature. Please address items No. 1(1, 2, 3, ) in a written response within 30 days of receipt of this letter. Thanks for your cooperation during the inspection. If you or your staff have any questions, please call me at {919)791-4200. Sincerely, Mack Wiggins Environmental Specialist cc: Central Files RRO File 0"&A11' t--%~ �..�.�. ` �� - ,, �� �, '. ' �� ,,' t � i. t S �; !, i � y _ s'. �, , .t. .r.� } ,r �.r it -_� . �� 1' �' -'� • :.� p �' .,.� t ° _. umtw WIVE -------------- Z' t OUTF4L SWO02 IT ASWALT VARKINU Wa Rft m m - CE'" I I WWI& �.2 (D INDQSTRiAL DRAINAGE AREAS AREA OUTFALL AREA (ACRES) PER%AWS (X) WKWOUS (Z) TOTAL SY4001 313% 96.7% 1 1.1no.— S%UO2 0% foax 0.26 3l ft 0.04 SM03 0% WON (D VAFMM & aO MPKM w*iw EIIIS 240B.&F. WMA Roo, mm", UIFPALL—�* UAVATWW E01055� Lam Ar roamly LK MIX L" o-� DRANOAX AREA 0"MY w" RCWOMU JOY UCAWN ww 4.*,=,7 away RanawLFI "m Wv ma" V=y H=X T, k �Vft - 2 IM tto m slmwuxR Ullft PLW� W" X" • is I bW & WNWT. 00 UUIQDW OAVJMS -m Am �*- ow WWI loft Mom at SM03 R ce v. ci ---7 - 'QUWALL SITE DRAINAGE MAP No. 2 r NATIONAL WELDERS L ...... _2 DURHAM, NORTH CAROLINA AWARC- FIGURE 2 UNITED DRIYL , LASPNAII7 PARXM MUSTRIAL DRAINAGE AREAS AREA OUTFALL AREA (ACRES) PERVIOUS (%) IMPERVIOUS (%) TOTAL I SWD01 3.3% 96,7% 1.00 II SW002 Ox 100% 0.26 SW003 0% 100% U.04 ' . -=: `ti' � ` • .!, MATERIAL STORAGE INQE% 'I ASRN.LLT PARKING _ _ .. �( - _ I IN YETAt a11WDERS I . t. 1'' ® M TWIAI RlD11G1>0[ t[s WL DRW) 1 : rRJirSTFRS �, cMDeaAIID IAR ORAL 7400 &F. Iy REC14L sal Ir LEGEND a OF EfWAFICE ' I ROOF DRAIN t Na c,.-. •.('r 4 —'—[— FENCE ZOUIFFAL4- - Ir . _.._ _... - -- r-' ' _____' tavATw CONY" :� aRAa,nT[w i i sW001 4 .—....... PROPERTY LINE `oa co, L ' f "� kAR[IIDUSE ,r.... t— �Ay..... FREE UNE (. DRAINAce Ft.ow DatecrloN r� % faKR[D AND INDOOR AREA TTII.AL ROY tcuowmT 1 STORA& AS I 5� DRrNAaE (EYE,)A .NTs, i L.------ [1RAwALC MfA HDUNEWv �jj��°°U°°��wTMa UKR °°"a E'E -7 rAsaN/Ll 7 1 i l ML RESPONSE Ki[ LOCATION.cau[o1 I ..L ' awF4LL 1 .AIR[ Rodl T" 1 4 ¢ zFJ1Ass 1 plTm ■rd p . "L I sA 4Mrs, r[al1 > rz 61AOR1a PLAN sNEEF c-1 7. 1 woo m RnDF . �! I r sW0 12 ` Sgmoo6d VS °" i l rwpppg7 i oancu wr +�. T�.[ R. r�.Kt. oc�l aur. I lt IOW O M NRRVM. • 1 F[R ol[AANG r W $� R Ar'L.1E. +, eRv I 1 I LTq NO R; iut wrami"r[11 mw1 Mwmn cKt. MON TS NO R IRII A MIRKY. LDGT011 OF OUTDOOR YAaR1AL$ AW M WIICR M[ MPOOMAR. ,1 `coal[rc STp1'.a'NAw-7 /I I ' aAu Roar DRxRs ARE xD1 F.wIN —.,Am LEA... I I '{EtrI10��Q (2 nleYCD t't' ►A�r II a� LNERcwmm SIOR E MEAT ` m �� [� —• • • • 11 70 10 a 70 W fa 1 TRIIOI RD.I R'�W1+71! COUTFALL ]D sWoos nWAa. 1 %I .( S/ SITE DRAINAGE MAP "I NATIONAL WELDERS — —'—L•--------.--._—..__._- _. DURHAM, NORTH CAROLIN —.. _..----••_•-------..—..------.—.---..�..----_—.._J fCAIL AN�ROdD(M: oRAIIN � AlIOUST 7004 STORMWATER DISCHARGE OUTFALL (SDO) MONITORING REPORT Permit Number NCS O O Q 0 Lk\D FACILITY NAM EA ►11.G:�[ � aosasbkk �,, C-sr,f PERSON COLLECTING MPLE(N) � ►w i.. CERTIFIEDLABORATORY(S) _bjy ftw►&yiW I Lab CA3 (r��er�twr. l =we. Lab # Part A: Specific Monitoring Requirements SAMPLES COLLECTED DURING CALENDAR YEAR: (This monitoring report shall be received by the Division no later than 30 days from the date the facility receives stthe 'sampling results from the laboratory.) COUNTY ,� PHONE NO. 8 1 1�! Y4 317-S - -_ r & fL_- ( GNATURE OF PERMITTEE OR DESIGNEE) By this signature, I certify that this report is accurate complete to the best of my knowledge. .. . Outfall Date- '50050 y_, No: , Sample :Total Total.'; f r Collected Flow if app.). Rainfall 3 maldd/ r.;., MG inches,`' Woo t S. L-1 . Zol � . (.o ri M, L1. Does this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month? _ yes )�I_no (if yes, complete Part 13) Outfalh No.. Date '' Sample '50050 00556 00530 00400 Total Flow Total Oil &.Grease Non -polar Total VII New Motor Collected (if applicable). ;Rainfall..:.. (if,appl:). , O&G/TPH- Suspended Oil Usage F (Method I664: ,Solids SGT=HEM), if , app1: mo/ddlvr MG I inches mUl '.; ma/l ::. unit:.: .: gaUmo Form SWU-247-062310 Page I of 2 STORM EVENT CHARACTERISTICS: Date 2.V. ZD1'1 ti Total Event Precipitation (inches): Event Duration (hours): (only if applicable — see permit.) (if more than one storm event was sampled) Date Total Event Precipitation (inches): Event Duration (hours): (only if applicable — see permit.) Maii Original and one copy to: Division of Water Quality Attn: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 "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." (Signature of Permittee) (Date) Form SWU-247-062310 Page 2 of 2 rA _�uu UUUIII ���� .� SEP 1.9 2411 Jo 11) Stormwater Discharge Outfall (SDO 9h��g�o�a g ) OFAC Qualitative Monitoring Report For guidance on filling out this form, please visit: httn://h2o.enr.state.ne.us/su/Forms Documents.htm#miscforms Permit No.: NICI $ /010/ 0/ 0141%l or Certificate of Coverage No.: N/C/G/ l—1 I_l / l Facility Name: Ai r9c6sSec, Es County- v+r1. Phone No. IA - sq,4.377 3 Inspector: Ck* A,► - llll %v%Sto-r. Date of Inspection: S • ZG • ZO ti Time of Inspection: 1, 40 1: tiy Total Event Precipitation (inches): 60 Was this a Representative Storm Event? (See information below) ® Yes ❑ No Please check your permit to verify if Qualitative Monitoring must be performed during a representative storm event (requirements vary). A "Representative Storm Event" is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours (3 days) 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. By this signature, I certify that this report is accurate and complete to the best of my knowledge: (Signature of Permittee or Designee) 1. OutfA Description: / Outfall No. I Structure (pipe, ditch, etc.) SA4 160 cft' C' lh Nar ec..t CeYfser Receiving Stream:of Describe the industrial activities that occur within the outfall drainage area: ZUt- c,G.S .s%or�L 2. Color: Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint (light, medium, dark) as descriptors: _ r UA.. rr 3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak chlorine odor, etc.)-. rrldn,e. Page 1 of 2 SWU-242-112606 4. Clarity: Choose the number which best describes the clarity of the discharge, where 1 is clear and 5 is very cloudy: 2 3 4 5 5. Floating Solids: Choose the number which best describes the amount of floating solids in the stormwater discharge, where 1 is no solids and 5 is the surface covered with floating solids: 01 2 3 4 5 6. Suspended Solids: Choose the number which best describes the amount of suspended solids in the stormwater discharge, where 1 is no solids and 5 is extremely muddy: © 2 3 4 5 7. Is there any foam in the stormwater discharge? Yes vo S. Is there an oil sheen in the stormwater discharge? Yes 0 9. Is there evidence of erosion or deposition at the outfall? es No 10. Other Obvious Indicators of Stormwater Pollution: List and describe Note: Low clarity, high solids, and/or the presence of foam, oil sheen, or erosion/deposition may be indicative of pollutant exposure. These conditions warrant further investigation. Page 2 of 2 Swi7-242-112608 North Carolina Division of Water Quality - Stormwater Permitting Unit Facility Name: Airgas Speciality Gases Permit Number: NCS000046 Location Address: 630 United Dr Durham, NORTH_ CAROLINA 27713 County: Durham SFP �al�, �cD 19 Z411 9h1��,9in �h� "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." -And "I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign (according to permit signatory,reguirements)and,return this Certification4 DO,.NOT SEND STORMWATER-POLLUTION'PREVENTION PLAN WITH, THIS CERTIFICATION: Signature (�U.L W ► ;lmr� r Print or type name of person signing above Date Title SPPP Certification 5/09 Environmental Conservation Laboratories, Inc. 102-A Woodwinds industrial Court Cary NC, 27511 - Phone: 919.457.3090 FAX. 919.467.3515 Monday, tune 13, 2011 Airgas Specialty Gases (AI007) Attn: Charlie Winston 630 United Drive Durham, NC 27713 RE: Laboratory Results for Project Number: [none], Project Name/Desc: Wastewater ENCO Workorder. COO9873 Dear Charlie Winston, Enclosed is a copy of your laboratory report for test samples received by our laboratory on Friday, May 27, 2011. Unless otherwise noted in an attached project narrative, all samples were received in acceptable condition and processed in accordance with the referenced methods/procedures. Results for these procedures apply only to the samples as submitted. The analytical results contained in this report are in compliance with NELAC standards, except as noted in the project narrative. This report shall not be reproduced except in full, without the written approval of the Laboratory. This report contains only those analyses performed by Environmental Conservation Laboratories. Unless otherwise noted, all analyses were performed at ENCO Cary. Data from outside organizations will be reported under separate cover. If you have any questions or require further information, please do not hesitate to contact me. Sincerely, Bill Scott Project Manager Enclosure(s) The total number of pages in this report, including this page is 12. �! i �ao www.encolabs.com �C=j www.encolabs.com SAMPLE SUMMARY/LABORATORY CHRONICLE ,gieystID.: .- SW001 _ -. .. _. _i.abID:rC0D96Z3.pf SampledvD5/27J11-11t45 iteoeivedd�O5L27/14;13:22 Parameter Hold Date/rme(s) Prep Date/Time(s) Analysis Date/Time(s) .............. . ....... EPA 350.1 06/24/11 06/03/11 10:27 6/3/2011 12:27 EPA 351.2 06/24/11 06/01/11 10:22 6/2/2011 06:34 EPA 353.2 06/24/11 05/29/11 16:33 5/29/2011 19:25 EPA 365.4 06/24/11 06/01/11 1022 6/2/2011 08:55 SM 2540D 06/03/11 06/02/11 12:45 6/2/2011 12:45 SM 5220D 06/24/11 06/01/11 10:56 6/1/2011 15:08 SM4500-H/B 05/27/11 11:59 05/31/11 10:41 5/31/2011 10:41 Parameter Hold Date/Time(s) Prep Date/Time(s) Analysis Date/Time(s) EPA 350.1 06/24/11 W03111 10:27 6/3/2011 12:33 EPA 351,2 06/24/11 06/01/11 10:22 6/2/2011 06:37 EPA 353.2 06/24/11 05/29/11 16:33 5/29/2011 19:31 EPA 365A 06/24/11 06/01/11 10:22 6/2/2011 08:56 5M 2540D 06/03/11 06/02/11 12:45 6/2/2011 12:45 SM 5220D 06/24/11 06/01/11 10:56 6/1/2011 15:08 SM45OD•HIB 05/27/11 12:14 05/31/11 10:41 5/31/2011 10:41 Parameter Hold Date/Time(s) Prep Date/Time(s) Analysis Date/Time(s) EPA 350.1 06/24/11 06/03/11 10:27 6/3/2011 12:35 EPA 351.2 06/24/11 06/01/11 10:22 6/2/2011 06:39 EPA 353.2 06/24/11 05/29/11 16:33 5/29/2011 19:33 EPA 365.4 06/24/11 06/01/11 1012 6/2/2011 08:58 SM 2540D 06/03/11 06/02/11 12:45 6/2/2011 12:45 SM 5220D 06/24/11 06/01/11 10:56 6/1/2011 15:08 5144500-H/B 05/27/11 12:19 05/31/11 10:41 5/31/2011 10:41 Page 2 of 12 www.encolabs.com r AMPLE DETECTION SUMMARY Analyte Results Flag MDL PQL Units Method Notes Ammonia as N 0.31 0.D45 0.10 mg/L EPA 350.1 Chemical Oxygen Demand 17 10 10 mg/L SM 5220D Nitrate/Nitrite as N 0.31 0.025 0.10 mg/L EPA 353.2 PH 6.6 1.0 1.0 PH Units SM450D-H/8 Q Total Kjeldahl Nitrogen 0.57 0.16 0.48 mg/L EPA 351.2 Total Suspended Solids 2.0 1.0 1.0 mg/L 5M 2540D ient SW002 iati gn!373P02 Analyte Results Flag MDL PQL Units Method Notes Ammonia as N 0.33 0.045 0.10 mg/L EPA 350.1 Chemical Oxygen Demand 21 10 10 mg/L SM 5220D NitrateJNdrite as N 0.30 0.025 0.10 mg/L EPA 353.2 PH 4.1 1.0 1.0 PH Units SM4500•1-1/13 Q Phosphorus 0.022 ] 0.021 0.10 mg/L EPA 365.4 Total Kjeldahl Nitrogen 0.57 0.16 0.48 mg/L EPA 351.2 Total Suspended Solids 2.4 1.0 1.0 mg/L SM 2540D lent ID: 311YD0.3 Lab'ID�CA09873'03 Analyte Results Flag MDL PQL Units Method Notes Ammonia as N 0.32 0.D45 0.10 mg/L EPA 350.1 Chemical Oxygen Demand 14 10 10 mg/L SM 5220D Nitrate/Nitrite as N 0.28 0.025 0.10 mg/L EPA 353.2 PH 4.0 1.0 1.0 PH Units SM4500-H/e Q Total Kjeldahl Nitrogen 0.60 0.16 0.48 mg/L EPA 351.2 Total Suspended Solids 2.0 1.0 1.0 mg/L SM 2540D Page 3 of 12 www.encolabs.com ANALYTICAL RESULTS Description: SW001 Lab Sample I0: 0009873-01 Received: 05/27/11 13.22 Matrix: Water Sampled: 05/27/11 11:45 Work Order: 0009873 Project: Wastewater Sampled By: Charlie Winston Classical Chemistry Parameters ^ ENCO Cary cerahed analyte (NC 5911 Anaitrte 1CA5 Numbed Results &1 9 Units gE "a tM Batch Method AnpIvsed Dr Notes Ammonia as N [7664-41-7) ^ 0.31 mg/L 1 0.045 0.10 1FD3018 EPA 350.1 06/03/11 12:27 A16 Chemical Oxygen Demand [ELL-00353 n 17 mg/L 1 10 10 IF01009 SM 5220D 06/D1/11 15:08 " JOC Nitrate/nitrite its N [ECL-0010] ^ 0.31 mg/L 1 0.025 0.10 1E29001 EPA 353.2 05/29/11 19:25 CCB pH [ECL-0062] ^ 6.6 pH Unra 1 1.0 1.0 1E31010 SM45DD-H/6 05/31/11 10:41 KU Q Nvkq*mms (7723-14-01 ^ NO mg/L 1 0.021 0.10 1E31032 EPA 365.4 06/02/11 06:55 CCB Total Kjeldahl Nitrogen [ECL-0162] ^ 0.57 ng/1 1 0.16 0.48 1E31031 EPA 351.2 06/02/11 06:34 CCB Total Suspended SoOds [ECL-0169] A 2.0 mg/L 1 1.0 1.0 1F02023 SM 2S40D - 06/02/11 12:15 KLJ Tha report relates ar11y to the sample as reo°Ned by the laboratory, and may poly be reproduced M full. Page 4 of 12 ra � www.encolabs.com Description: 5WO02 Lab Sample ID: C009873-02 Received: 05/27/11 13:22 Matrix: Water Sampled: 05/27/11 12:00 Work Order. C009873 Project: Wastewater Sampled By: Charlie Winston Classicai Chemistry Parameters ^ - ENCO Cary mr0fied anaW [NC 591] Analvte LC r Mumber_i Results fag Up -it, 12F HPL 131 Batch Meth Analyzed gy Notes Ammonia as N 17664-41.71 ^ 0.33 mg/L 1 0.045 0A0 IF03018 EPA 350.1 06/03/11 12:33 A1B Chemical Oxygen demand [ECL-00351 21 mg/L 1 10 10 IF01009 SM 5220D 06101/1I 15:08 30C Ntaate/Nltrite as N [ECL-0010] ^ 0.30 mg/L 1 0.025 0.10 1E29061 EPA 353.2 05129/11 19:31 CC9 pH [EC3-0062] ^ 4.1 pH Units 1 1.0 1.0 1E31010 SM1500-RIB 05131/11 10:41 KL) Q Phosphorus [7723-14.0] ^ 0.022 3 mg/L 1 0.021 0.10 1E31032 EPA 365.4 06102/11 08:56 CC8 Total Kieldahl Nitrogen [ECL-01621 ^ 0S7 mg1L 1 0.16 0.48 1E31031 EPA 351.2 06102/11 06:37 CCB Total Suspended Solids (ECL-01691 ^ 2.4 mg/L 1 1.0 lA IF02023 SM 2540D 06/02111 12:45 KLl This report relates only to the sample as received by the laboratory, and may only be reproduced in fun. Page 5 of 12 � NS www.encolabs.com Description: SWO03 Lab Sample ID: C009873-03 Received: 05/27/11 13:22 Matrix: Water Sampled: 05/27/11 12:05 Work Order. C009873 Project: Wastewater Sampled By: Charlie Winston Classical Chemistry Parameters .-. . .. ^ • ENCO Cary -Mfied anaW (NC 5911 AnandW fCM NumberlResults Flag 1Dnits PIF MDL MRL, Batch Mdbod Analp—edNo s Ammonia as N [7664-41-71 ^ 0.32 mg/L 1 0.045 0.10 1FO3018 EPA 350.1 , 06/03111 12:35 AjB Chemical oxygen Demand [ECL-00351 19 rnWL 1 10 10 11,01009 SM 5220D 06/01/11 15:08 ]oC NltratetNitrito as N [ECL-00101 ^ 0.28 mg/L 1 0.025 0.10 1E29DD1 EPA 353,2 05/29/11 19:33 CC8 PH [ECL-00621 ^ 4.0 pH Unfts 1 1,0 1.0 SE31010 SM45DD•HIB 05j31111 10:41 KU Q AMphons [7723-14-01 A ND mg/L 1 0.021 0.1D 1E31032 EPA 365.4 06/02/11 DB:58 CCB Total Kjeldahl Nitrogen [ECL-01621 ^ 0.60 mg/L 1 D.16 0.48 1E31031 EPA 351.2 06/02/11 06:39 CCB Total Suspended Solids [ECL-0169] A. 2.0 mg/L 1 1.D 1.0 1FO2023 5M 2540D 06/02I11 12:45 KL3 This report relates only to the sample as nxxlved by the laboratory, and may only be reproduced in full. Page 6 of 12 (9E�I ® 0 www.enoulabs.com UALM C R L Classical Chemistry Parameters - Quality Control Batch IE29001 - NO PREP Blank (1E29001-BLK1) Prepared: 05/29/2011 16:33 Analyzed: 05/29/2011 19:20 Nitrate/ft to as N 0.025 U 0.10 mglL LCS (3E29001-BSI) Prepared: 05/29/2011 16:33 Analyzed: 05/29/2011 19:23 Ni rate/Nitnte as N 1.3 0.10 mg/L 1.25 103 90-110 Matrix Spike (1E290D1-MS1) Prepared: 05/29/2011 16:33 Analyzed: 05/29/2011 19:27 Source: 0009873-01 Nitrate Wite as N 0.85 0.10 mg/L 0.513 0.31 105 90-110 Matrix Spike Dup (IE29001-MSD1) Prepared: 05/29/2011 15:33 Analyzed: 05/29/2011 19:29 Source: C009873-01 N%a"i r to as N 0.84 0.10 m9A 0.513 0.31 103 90-110 0.9 10 Batch 1E31010 - NO PREP LCS (1E31010-BSI) Prepared & Analyzed: 05/31/2011 10:41 } . —C SLi Notes Arlalyte_. Result Fla ' MRL iJnits r' Result a/oREC RPD LRimit 9 PH 7.1 1.0 pH Units 7.00 101 99-101 Duplicate (3E310I0-DUP3) Prepared & Analyzed: 05/31/2011 10:41 Source: 0009873-01 PH 6.7 1.0 pH Untts 6.6 2 25 Batch IE31031 - Same Blank (1E31031-BLKi) Prepared: 06/0112011 10:22 Analyzed: 06/02/2011 06:26 ~ Spike. Source %REC RPD itesult Fla "MIRE Units - %3tEC` Lirortsx: RPD`._.. LtroY ewl[ob s' iyte g-- - . tetrel Results — , -- - - --- Tatal KjeldaN Nbogen 0.16 U 0.48 mg/L LCS (1E31031-BSI) prepared: 06/01/2011 10:22 Analyzed: 06/02/2011 06:28 Total KjetdaN NiUagen 12 0.48 mg/L 12.0 101 90.110 Matrix Spike (1E31031-MS3) Prepared: 06/01/2011 10:22 Analyzed: 06/02/2D11 D6:30 Source:0009873-01 Page 7 of 12 www.encolobs.com QUALITY CONTROL Classical Chemistry Parameters - Quality Control Batch IE31031 - Same Matrix Spike (1E31031-MS3) Continued Prepared: 06/01/2011 10:22 Analyzed: 06/02/2011 06:30 Source:0009873-01 Total KjeJdahl Nitrogen 5.4 0.48 nI 4.80 0.57 300 90-110 Matrix Spike Dup (1E31031-MSD1) Prepared: 06/01/2011 10:22 Analyzed: 06/02/2011 06:32 Source.CD09873-01 Spike Source F ."/aREC. RPD /lnalyte Result. Flag MRL ... .Units' .: Level �`%REC l imits�RPDJ Unit Notes Total Kjeldahl Nitogen 53 0.48 mg/L 4.80 0.57 99 90-110 2 10 �^ Batch IE31032 - Same Blank (1E31032-BLKI) Prepared: D5/0112011 10:22 Analyzed: 06/02/2011 08:48 Phosphors 0.021 U 0.10 mg/L LCS (1E31032-BSI) Prepared: 06/01/2011 10:22 Analyzed: 06/02/2011 0B:49 Phasphones 1.5 0.10 mg/L 1.60 95 80-120 Matrix Spike (1E31032-MSi) Prepared: 06/01/2011 10:2.2 Analyzed: 06/02/2011 08:51 Source: C009873.01 Plwsphorus U3 0.10 mg/L 0.640 0.021 U 98 80.120 Matrix Spike Dup (1E31032-MSDS) Prepared: 06/01/2011 10:22 Analyzed: 06/02/2011 08:53 Sourm:0009873.3. 1TISpike Sour X %REC RPD F-FZQLN@otjes�j Anayyte itesrllt Flag MRL - 1lnits Laver Re.lt ,% E! Limits, RPD Limit . - Phosphorus 0.62 0.10 mg/L 0.640 0.021 U 97 80-120 1 25 Batch IF01009 - Same Blank (11`01009-BLK1) Prepared:06101/2011 10:56 Analyzed: 06/01/2011 15:08 Chemical Daygen Demand 10 U 10 rr-I LCS (1F01009-BS1) Prepared: 06101/201110:56 Analyzed: 06/01/2011 15:08 ..� _ "Spike . t 5 roe ._ °%REG' RPD Atiatyte - ReseelY�Flag MRL' t►:ni9 Levei `_ Re .It�,y/oREC l: RS &"; RPD �� Llmit� � ;Notes Chemical Cnygen Demand 510 10 mg/L 500 102 90-110 .., Matrix Spike (IF01009-MSi) Prepared: 06/01/2011 10:56 Analyzed: 06/Dl/2011 15:08 Page 8 of 12 www.encolabs.com UALITY CONTRO Classical Chemistry Parameters - Quality Control Batch I F01009 - Same Matrix Spike (1F01009-MSI) Continued Prepared: 06/01/2011 10:56 Analyzed: 06/01/2011 15:08 Source: 0009873-01 Chemkal Oxygen Demand 530 10 mg/L 500 17 103 90-110 Matrix Spike Dup (1F01009-MSD1) Prepared: 06/01/2011 10:56 Analyzed: 06101t2011 15:08 Source: C009873-01 r 5p1ke Sounoe %REC 1tPD Airaiyte ' - ` Re%dilt Flag MRL�� Units_ Level :Result %RFC Limits RPD limit Notes�.m, Chermiral Oxygen Demand 530 1D mg/L 500 17 103 90-110 0 10 Batch 1F02023 - NO PREP Blank (1FO2023-BLKI) Prepared & Analyzed: 06/02/2011 12:45 Toot 5esparded SoWs 1.0 U 1.0 mg/L LCS (IF02023-BSI) Prepared & Analyzed: D6/02/2011 12:45 Total Suspended Solids 92 1.0 mg/L 80.0 115 90-122 Duplicate (IF02023-DUPI) Prepared & Analyzed: 06/02/2011 12:45 source: C009873-01 Total Rmpended Son& 1.6 1.0 mg/L 2.D 22 25 ........... Batch IF03018 - NO PREP Blank (IF03018-BLK1) Prepared: 06/03/2011 10:27 Analyzed: 06/03/2011 11:44 Amnrorda as N 0.04S U 030 mg/L LCS (IF03018-BSI) Prepared: 06/03/2011 10:27 Analyzed: 06/03/2011 11:45 � Spike Source '�` 'yr %REC RPD _ +/1 T'tplAhe?.WY121r6: p'F-"� Arralyle 6dt t � ltesult,•Kt 1.Flag NIRL",%, -$,,,Uhlis Level Results ,%°REC ;:ilJmits �-,RPD P . „iar`ni -- Notes Ammonia as N 0.94 0.10 mg/L 1.00 94 90-110 Matrix Spike (IF03016-MSI) Prepared: 06/03/2011 10:27 Analyzed: 06/03/2011 12:29 Source: C009873-01 Amrnoria as N 0.66 0.10 mg/L 0.389 0.31 90 90-110 Matrix Spike Dup (1F03018-MSDI) Prepared: 06/03/2011 10:27 Analyzed: 06/03/2011 12:31 Page 9 of 12 Ce N990 www.enoolabs.com QUALITY CONTRQL Classical Chemistry Parameters - Quality Control Batch IF03018 - NO PREP Matrix Spike Dup (1F03018-MSD1) Continued Prepared: 06/03/2011 10:27 Analyzed: 06/03/2011 12:31 Source:C009873-01 Ammonia as N 0.67 0.10 mg/L 0.389 0.31 92 90-110 1 10 Page 10 of 12 r w � www.encolabs.com FLAGSINOTES AND DEFINITION B The analyte was detected in the associated method blank. D The sample was analyzed at dilution. ] The reported value is between the laboratory method detection limit (MDL) and the laboratory method reporting limit (MRL), adjusted for actual sample preparation data and moisture content, where applicable. U The analyte was analyzed for but not detected to the level shown, adjusted for actual sample preparation data and moisture content, where applicable. E The concentration indicated for this analyte is an estimated value above the calibration range of the instrument. This value is considered an estimate. MRL Method Reporting Limit The MILL is roughly equivalent to the practical quantitation limit (PQL) and is based on the low point of the calibration curve, when applicable, sample preparation factor, dilution -factor, and, in the case of soil samples, moisture content. ND The analyte was analyzed for but not detected to the level shown, adjusted for actual sample preparation data and moisture content, where applicable. Q Analysis performed outside of method - specified holding time. Page 1 I of 12 cis o ENVI N -N'TAO ti UddhfidAib� -'4HA1WOFi'CtJS CONS TbDV,'hI RtCOhb"-- dpI PA g 0. "s "61 wl PMI cwft PO C}UrhT'' Standard at gin, Af 3773 919 T '��o -' r QL-f-� BVwil w vl! rrVMZ64 _i, jaO rA T. J4 �-7jrW 1, 4 om lame , 10 L1., .W -S, N1, 16 A11,40 � IN M, �a .0.01MOVESSM-0 24, x "IN kit "OR W, NO W, pi 1, A, ,t 0' r WW C X3 CPA OR , MX 7% 211, �! LZ awhoffi 0 #19 m Imira -0 AN I SW WE tie 0 W71 w ra. U1,110 USS 41-ISliffiff Um, mmi mom =0 MEN --- p !2- r I" 7. 4rill, ,;TI -72� 0 `P E01 A VQ*1- 14- 7 VT. GWII 411 Two an Fiea'pl f �, f -- ,v �, w u Rec4¢I i` ` - Un "'Iati: accop a 1 0 _]H tr-xNX''jv • � ► r � ,; Nov 1 8 2099 INCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Cole' eh H. Sullins Dee Freeman Governor Director Secretary November 16, 2009 . Mr. Charlie Winston Airgas Specialty Gases 630 United Drive Durham, North Carolina 27713 Subject: Draft NPDES Stormwater Permit Permit No. NCS000046 ASG Durham Durham County Dear Mr. Winston: 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 permit: Analytical monitoring changes: 1. Analytical monitoring parameters have been added to this permit based on the classification and impairment of the stream discharged to. Nitrogen and Phosphorus have been carried over from the last permit term. Total Suspended Solids and Chemical Oxygen Demand have been added. 2. pH has been added to the analytical monitoring requirements based on DWQ's current monitoring stragtegy. - 3. All analytical monitoring has been set to semi-annually during.a representative storm event as defined in Part lI 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 six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2.. ' 4. 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 then the facility shall follow the Tier 1 guidelines which require a facility inspectionwithin 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 two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines whdch 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. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part 11 Section B. Qualitative monitoring is required regardless of representative outfall status. Wetlands and 5tonnwater Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NDL Li1Carolina Location: 512 N. Salisbury FAX St. Ra 07- North Carolina r27604 Service: Phone: 919-8()7�301} 1 FA)(: 919SD7-64941 Customer 5ervioe: 1$T7-623-6748 ` Intemet: www.newaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr. Charlie Winston Airgas Specialty Gases Permit No. NCS000046 • 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and.5. 7. The.flow.reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Monitoring for TPH has replace. Oil & Grease. 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. _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 outfalI. 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 requirements. Additional information is provided in Part I Section A. 6. In addition to submitting two signed copies of DMRs to Central Files, a separate signed Annual Summary DMR copy must be submitted to the local DWQ Regional Office by March 1 of each year. 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 this page. 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)-807-6375 or robert.patterson®ncdenr.gov Sincerely, Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit cc: Mr. Ken Jones, Environmental Services Group, 904 Garland St., Little Rock, AR 72201 Raleigh Regional Office, Mack Wiggins Stormwater Permitting Unit Attachments 2 0 • • NCS000046 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM If In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by th�e.North.Carolina Environmental Management Commission, and the Federal Water P.oliutio ntrol Act, as amended, Airgas Specialty Gases is hereby authorized to_ :disch stormwater from a facility located at ;ASG Durham 630 United Drive Durham, NC Durham County to receiving waters designated as a UT of Northeast Creek, a class C. NSW stream in the Cape Fear River Basin, in accordance with the -discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, I11, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective February 1, 2010. This permit and the authorization to discharge shall expire at midnight on January 31, 2015. Signed this 8"' day of January, 2010. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission 0 0 Permit No. NCS000046 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan \� Section B: Analytical Monitoring Requiremts Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle'Maintenance,Monitoring Requirements � F ft �) �v' PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS - Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to. Comply 3. Duty to Mitigate , 4. Civil and Criminal Liability S. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 3. Signatory Requirements i Permit No. NCS000046 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls I . 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 N3 2. Recording Results 3. Flow Measurements 5 ` 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspects n and�Ent y Section E: Reporting Requirements 1. Discharge harge Monitoring Reports. 2. Submitting:Reports 3. Availa15ility of Reports 4. Non-Stormwater Discharges - 5. Planned Changes 6. Anticipated Noncompliance 7. .Spills S. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11'. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii 0 Perni t No. NCS000046 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 stornwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as,specified in this permit. If industrial materials and activities are not exposed to. precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing`to obtain a No Exposure Certification must submit a No Exposure Certification'NOI fofm 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 reapply for the°No Exposure Exclusion once every five (5) years. f% n SECTION B: PERMITTED ACTIVITIES r / Until this permit expires or is modified or revoked; the permittee is authorized to discharge stormwater to the surface waters of Norih Carolina or separate storm sewer system that has been adequately treated and managed in accord nce with the terms and conditions of this individual permit. All stormwater discharges shall bcln accordance with the conditions of this permit. Any other point source dischasge_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 stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. . This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page I of 2 SECTION C: LOCATION MAP Perini[ No. NCS000046 � � r ; �."�.a'.� pry\ ., '_ ; � �•CIIy � �,��, i:t�'�'� �� ,• �� ; �� � - � • •'ZW .� { � � 1 ' � G.C` ,C` GYM �I ��v � W '-Lr I -�L'. ♦� - ,�., •� �- r.f �� li f`" f/fqVIM C. � ; 4 r°wl'� erl f �l� ,,-. V� � i CR � '�• f � � �' •.i it ..'1.% � F 1J� � 1_ y�f 1+!i' .Ire -•-s'- �'` � 7 r:a� � ✓may '�`^ .; � • �� rY°" ..� z•S r .��1:��. ��r� �- E � �� � � � { fi' !�`_ �� ` .yam , � <� '� - IN t •s } �� 1 ASG DUrhdrTE .,�+,� ! r.. /� f f -. a' ✓ � t.:y r -; R '`Y f .�. � ', l irt�- r ti ,�,.: �,. l .../ � 1 J `k:�. : i r '•'. :€ �iy ��J) 1 =1� �,� tI 4♦� rf' � {'�^ �ti� �.sa F' � 'Y �`C. S i � �•�L• �t S " Llylf � 1� 1, n � �i �#f`.iJ d k 1 � i � rrr ,. :-F i ,�; . -• �� � i;� i r l.wxv..s�• '� � ' ^N} it y� �� f r � �F�� s ne,r � � "�-ja `� ea � ��; �R[ •� �nw � �wr,� �4 f u, r, NCS000046 S Airgas Specialty Gases ASG Durham Latitude: 350 56' 06" N Longitude: 78" 51' 00" W Ccunty: Durtam Rec4uina Stream: UT of Northeast Creek Stream Gass: C; NS-,:r Sub -basin: 03-06-05 (Cape Fear River Basin) Facility Location Part I Page 2 of 2 Permit No. NCS000046 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: l . Site Plan. The site plan shall provide a description of the physical facility and the n X. 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'SAlocat on in relation to transportation routes and surface waters, the name of the receivin" ater{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. The general location map (or alternatively the site -map) -shall identify whether each receiving water is impaired (on the state's 303(dy`list of impaired waters) or is located in a watershed for which-a"TIVIDL has been established, and what the parameter(s) of concern are.- i j (b) A narrative d'esc�iption of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. (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 Dart II Page I of 10 0 Permit No. NCS000046 B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2... Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials_ management practices employed which control or minimize the exposure of significant materials to stonnwater, including structural and nonstructural measures. The stormwater management plan, at a 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 stormwater' Wherever practical, the permittee shall '' r 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 fr m areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage.inany amount of hazardous substances, in order to prevent leaks and spills {from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas,shall:bC,maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other -similar devices (which shall be secured closed with alocking:m/ echanism), 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 any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date -and time of the release shall be kept for a period of five years. (c) BMP Summary. A' listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible.for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible Part 11 Page 2 of 10 0 0 Permit No. NCS000046 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. ,l 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stortwater 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�exi`sting structural BMPs. The program shall establish schedules of inspectiors, ma tenanceand 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. 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 shailbe recorded in writing and maintained in the SPPP. ' S. 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 contatiiinate stormwater runoff. Facility personnel (or team) - responsibie for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented ._ and position assignments provided. 7- Plan Amendment. The 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. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include written re -certification that the Stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall Part 11 Page 3 of 10 • 0 Permit No. NCS000046 submit a time schedule to the Director for modifying the Plan to meet minimum requirements_ The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Fart II B and C of this permit. Ate/ 9. Implementation. The permittee shall implement the Rla&i mplementation of the Plan shall include documentation of all monitoring,,, measurementsjnspections, maintenance + activities, and training provided to ernpioyeesk eluding tlie'log of the sampling'data-and of actions taken to implement BMPs associated wit"h,the industrial activities, including vehicle maintenance activities. Such documentatiodshall be kept on -site for a period of five years and made available to the Direc o orthe'Director's authorized representative immediately upon request., , ' r7 Part II Page 4 of 10 0 Permit No. NCS000046 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall; The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharce begins within 10 hours. Table 1. Analytical Monitoring Requirements^ Discharge Measurement Frequency) Sample Sample Characteristics Units Type2 Location3 Total Suspended Solids, TSS m L semi-annual Grab SDO Chemical Oxygen Demand,-� ~ •.s,/ Grab SDO COD mg/L ietnt ,annual , i- Nitrogen, Total ,m { semi-annual Grab SDO Phosphorus, Total trig 1, "semi-annual Grab SDO H standard. semi-annual Grab SDO Total Rainfal14 inches-,,Isemi-annual Rain Gauge -- Footnotes:` g I Measurement Frequency: Twice per year during a representative storm event. 2 Grab samples shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stor nwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Part II Page 5 of 10 • Permit No. NCS000046 Table 2. Monitoring Schedule Monitoring1. period,'� Sample'Number 'Start End , Year 1 'Period 1 1 February 1; 2010 July 31, 2010 Year 1 — Period 2 2 August 1, 2010, January 31, 2011 Year 2 — Period 1 3 February 1, 2011 July 31, 2011 Year 2 — Period 2 4 .. August 1, 2011 January 31, 2012 Year 3 — Period 1 5 February 1, 2012 July 31, 2012 Year 3 — Period 2 6 August 1, 2012 January 31,-2013 Year 4 — Period- l 7 February 1, 2013 July 31, 2013' Year 4 — Period 2 8 August 1, 2013 January 31, 2014 Year 5 — Period 1 9 February i , 2014 July 31, 2014 Year 5 — Period 2 10 August 1; 20�14 January 31, 2015 ' Footnotes: I Maintain semi-annual monitoring during permit renev Permit, the permittee has submitted an application for the perminee will be considered for renewed coveragt ft.tlie'expiration of the Individual coverage before the submittal deadline, icant must continue semi -annual - monitoring until the renewed Certificate of Coverage;is,►ssued�/ 2 If no discharge occurs during the sampling period, the It'permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. • The permittee shallreport the analyfica monitoring period. The permittee-shall Table 3. The benchmark values in Tal - the permittee's Stormwater Pollution P require, the permittee to increase moni and/or install stormwater Best.Managet descriptions of Tier One and Tier Two. results from the first sample with valid results within the compare monitoring results to the benchmark values in HIV are not permit limits but should be used as guidelines for evention Plan (SPPP). Exceedences of benchmark values ring, increase management actions, increase record keeping, lent Practices (BMPs) in.a tiered program. See below the;;_ Table 3. Benchmark Values for Analvtical Monitorine Discharge Characteristics Units. Benchmark Total Suspended Solids, TSS mg/L, 100 Chemical Oxygen Demand, COD mg/L 120 Nitrogen, Total mg/L 30 Phosphorus, Total mg/L 2 PH standard 6-9 Part II Page 6 of 10 • 0 Permit No. NCS000046 Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any 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 exceedence. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormw`at6r,Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, -'the personnel conducting the inspection, the selected actions, and the date the selected.actions were implemented. I \ '1� Tier Two If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the bene mark 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 monitoriiig for all parameters at every outfall where a sampling result exceeded the benchmark value for -two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue,until'three consecutive sample results are below the benchmark values or within the benchmark range. 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. Maintain a record of the Tier Two response in the Storrnwater Pollution Prevention Plan. During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part 11 Page 7 of 10 .0 0 Permit No. NCS000046 0 This site discharges to impaired waters experiencing problems with turbidity and low dissolved oxygen. -;;There is currently a TMDL for fecal coliform in Northeast Creek. If another Total Maximum Daily Load (TMDL) is approved for this segment of Northeast Creek, the permittee may be required. to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum . extent practicable. If additional BMPs are needed to achieve the required level of control, the pen-nittee,will.be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING Qualitative monitoring requires a visual inspection of representative outfall status and shall be performed asp monitoring event. [If analytical monitoring is notr�i_ annual qualitative monitoring.] Qualitative motutonri; effectiveness of the Stormwater Pollution Prevention I stormwater pollution. 1-7 stormwateroutfall regardless of ified in Table 4, during the analytical the permittee still must conduct semi--;,� .or the purpose of evaluating the (SPPP) and. assessing new sources of In the event an atypical condition is noted,at a stormwater discharge outfall, the permittee shall document the suspected cause ofthe-condition and any actions taken in response to•the /� 1 ; �. discovery. This documentationtwill-be1maintained with the SPPP. Table 4. - Oualitative Monitorhp- Reauirements 'Discharge_ Characteristics Frequencyl- :Monitoring Location2. . Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO . Poam semi-annual SDO Oil Sheen semi-annual SDO Erosion or d osition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: }' — I Measurement Frequency: Twice per year during a representative storm event,: for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the Part II Page 8 of 10 0 Permit No. NCS000046 permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table-2 (Section B). All analytical monitoring shall be performed during a representative, storm, event. Table 5. Analytical Monitoring Requirements fo On Sit Vehicle Maintenance Discharge Characteristics Units Measurement Sample Sample Fre uenc 1 Type2 Location3 pH standard! '•semi-annual Grab SDO TPH mg/1,, ;;' _semi-annual Grab SDO [EPA Method 1664 (SGT-HEM)] `. { Total Suspended Solids m, l , �e /' semi-annual Grab SDO Total Rainfall4f inches/ semi-annual Rain gauge - New Motor Oil Usage gallons/month semi-annual Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Part 11 Page 9 of 10 Permit No. NCS000046 Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit Iimits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management. Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring .. Discharge Characteristics Units - _ -. Benchmark. pH standard 6-9 TPH mg/L - 1'S [EPA Method 1664 (SGT-HEM)] A Total Suspended Solids mg/L f� 00— •Y�r Part II Page 10 of 10 0 Permit No. NCS000046 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit, shall be accomplished. within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and exist f g facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part I1, 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'c.onditions 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, `o{r6modification; or denial of a permit upon renewal application. a. The permittee shall catxiply` 7ith standards or prohibitions established under section 307(a) of the Clean Water Act 0 toxic pollutants within the time provided in the regulations that establish these standards or prohiltions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years,.or both.- Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(4).) C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any 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 $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed Part III Page 1 of 8 • • Permit No.-NCS000046 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not -to exceed $125,000. Duty to Mitigate The 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, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the penmittee 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,," r penaltiesto which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the:Feder�al Act, 33 USC 1321. 6. Property Rigs .. LA The issuance of this individual permit does not convey any property rights in either real or personal -. `s property, or any exclusive privileges, nor doesrt 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; or terminating the. permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 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. Part III Page 2 of 8 0 Permit No. NCS000046 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL. CONDITIONS 1. Individual Permit Expiration f. The permittee is not authorized to discharge after the expiration date;/In order to receive automatic authorization to discharge beyond the expiration date, the permitteeishall submit forms and fees as are required by the agency authorized to issue permits no late'rAhan l 80`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 NNCCGS § 1143-22153.E and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after.notice to and approval by the Director. The Director may require modification or revocaiion-and reissuance of the permit to change the name and incorporate such other requirements as maybe necessary under the Clean Water Act. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements r �/ r r All applications, reports, or+information submitted to the Director shall be signed and certified. a. All applications to be'covered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing 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 Part III Page 3 of 9 Permit No. NCS000046 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written'authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under 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 ,ff bnkhoowiinng' violations!' 4. Individual Permit Modification. Revocation and Reiss iian e;''or Terniiiiation - The issuance of this individual permit does not prohibit 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 Code of Federal Regulations, Parts 122 y and 123; Title 15A of the North Carolina Administrative ode, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 5. Permit Actions _. The permit may be me changes or anticipated � '` / SECTION C: OPERATION AND=MAIN I . Proper Operation and Maintenance 2. -issued, or terminated for cause. The notification of planned not stay any individual permit condition. ANCE OF POLLUTION CONTROLS 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. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 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 Part III Page 4 of 8 s s Permit No. NCS000046 There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein , s all characteristic of the volume and nature of the permitted discharge. Analytical sampling�shall be performed during a representative storm event. Samples shall be taken ona day and time that is, haracteristic 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. ,yfi 2. Recording Results For each measurement, sampleJnspection 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 tim a of sampling, measurements, inspection or maintenance ctivity; / A/r 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 €. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40.CFR 136. Part III Page 5 of 8 • Permit No. NCS000046 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identicaI'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 rriomtoring-instrumentation, and copies of all reports required by this individual permit for a period of at,least 5 yeafs*om the date of the sample, measurement, report or application. - This period may be?eXtended by request of the Director at any time. U � ' 7. Inspection and Entry The permittee shall allow the Director, or an authonzed represeniative (including an authorized contractor f acting as a representative of the Director), or inthe,case of a facility which discharges through a municipal separate storm sewer system, an authorized �epresentatiye of a municipal operator or the separate storm sewer system receiving the discharge, pon tZpresentation of credentials and other documents as may be required by law, to; 'a. Enter upon the permittee's pre'thises where a regulated facility. or- activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and' -copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. _ Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS - 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on forms supplied by the Division. Part III Page 6 of 8 Permit No. NCS000046 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 six-month sampling period, giving all required information and indicating "NO FLOW ' as per NCAC T15A 0211.0506. 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. Visual monitoring results should not be submitted to the Division, except upon DWQ-s specific requirement to do so. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Caroiina'27699-161,7 In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional Office (RO) by March 1 of each year. Addresses for each RO and the counties covere y each O can be found here: http://w,tvw.enr.state.ne.us/htmVrerionaloices.htm]. Jhe permittee shall retain the completed originals on site. Visual monitoring results should not be submitted to the Regional Offices or Central Files unless specifically requested by DWQ. `• %' .- ti 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 pots prepared rein 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. Kn'owmgly 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. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the Individual 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. Part III Page 7 of 8 Permit No. NCS000046 7. Spills The permittee shall report to the local DWQ Regional Office, within 24 hours, -all significant spills as defined in Part VI of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen -on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill -less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bypass 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 art evaluation of r' 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 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 written submission shall also be provided within 5 days of the time the permittee becomes away oJf. t&e-Zircumstances. The written submission shall contain a de �cnptron of,the noncompliance, and its causes; the period of noncompliance, including exact dates.And time4iind'if the noncompliance has not been corrected, the N 'w anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the none mpliancee The Director may waive th6l�vitten report on a case -by -case basis if the oral report has been received within 24 hours. f 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. H. 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 Individual Permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000046 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 3 b. Controls any pollutant not limited in the individual permit. f The individual permit as modified or reissued under this paragraph~.shall also contain,any other requirements in the Act then applicable. I1� 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 mariner in'acc_ordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the.Individual-\Permit. PARTYI DEFINITIONS 1. Act - See Clean Water Act. 2. 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 fleshings, water from footing drains, flows from riparian habitats and wetlands- (c) Discharges resulting from fire -fighting or fire -fighting training. 3. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://cfpub.epa.gov/npdes/storinwater/menuofbmps/index.cfm. 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 11320 gallons. Parts IV, V and VI Page 1 of Permit No. NCS000046 6. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 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, Depaitment'of Environment and -Natural Resources. 9. Director The Director of the Division of Water Quality, the `permit issuing uiliority. to. EMC ZI The North Carolina Environmental Management Commission: "- 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the f -1 , nuriF . - of discharge. 12. Hazardous Substance``�� Any substance designated under.40:CFR P in 'l6 pursuant to Section 311 of the Clean Water Act. 13. Landfill `✓ A disposal facility or part(/ia disposal facility where waste is placed in or on land and which is not a land treatment facility, a surfacer ment, 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, 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. 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 an Individual Permit. 17. Permittee The owner or operator issued a certificate of coverage pursuant to this Individual Permit. Part VI Page 2 of Pages Permit No. NCS000046 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. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 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'ieduced number of outfalls. 21. Secondary Containmentf� 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) v \> 22. Section 313 Water Priority Chemical A chemical or chemical category which: !� a. Is listed in 40 CFR 372.65 pursuant io Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, alsojitled the Emergency Planning and Community Right - to -Know Act of 1986; ,\ b. Is present at or above'threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and > �\ ' c. Meets at least one of the following criteria: (1) Is listedinappendix D T of 40 CFR part 122.on able II (organic priority pollutants), Table III (certain metals,tcyanides; and phenols) or Table IV (certain toxic pollutants and hazardous `substances); -' (2) is liste&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. 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. Siggificant 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 CPR 11 T21) or section 102 of CERCLA (Ref: 40 CFR 302.4). Part VI Page 3 of 4 Pages Permit No. NCS000046 26. Stormwater Dischar a 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-. 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 Activi 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 -sit . 30. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining waterquality standards, in all seasons, for a 'specific water body and pollutant. (A list of approved'TMrDLs�for the state of North Carolina can be found at http:/lh2o.enr.state.nc.us/tmdll) �✓` - s µ 31. Toxic Pollutant C :ti Any pollutant listed as toxic under.Sec07(a)(1) of the Clean Water Act. 32. Vehicle Maintenance Activity — Vehicle rehabilitation, mech�anica�l r�epairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. s r 33. 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. 34. 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 4 of 4 Pages NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS (This form is best filled out on computer, rather than hard copy. Then unprotect to highlight in light blue as needed to make your comments more visible in the rural printing.) [But DON'T protect document again, or Word wipes out all you have entered.] Date: 11/03/0 County: Durha°- To: NPDES Discharge Permitting Unit Permitee: Aiiri?,as�aliyG� Attn. NPDES Reviewer: Robert=PaApplication/ Permit No. NCS00 Staff Report Prepared By: hfiiM ' Project Name: SOC Priority Project? (Y/N) _ If Yes, SOC No. A. GENERAL INFORMATION 1. This application is (check all that apply): ❑ New ® Renewal ❑ Modification 2. Was a site visit conducted in order to prepare this report? ❑ Yes or ❑ No. a. Date of site visit: 09/15/09 b. Person contacted and telephone number: Charlie Winston, 919-544-3773 �j c. Site visit conducted by: Mack Witggins r r+ W d. Inspection Report Attached: ❑ Yes or ❑ No. 3. 'Keeping BIMS Accurate: Is the following BIMS information (a. through e. below) correct? ❑ Yes or ❑ No. If No, please either indicate that it is correct on the current application or the existing permit or provide the details. If none can be supplied, please explain: Discharge Point: (Fill this section only if BIMS or Application Info is incorrect or missing) (If there is more than one discharge pipe, put the others on the last page of this form.) a. Location OK on Existing Permit ®, OR, if not, is OK on Application ❑, or if neither is right, provide Location: b. Driving Directions OK on Existing Permit N, OR, if not, is OK on Application ❑, or provide Driving Directions (please be accurate): c. USGS Quadrangle Map name and number OK on Existing Permit ®, OR, if not, is 'OK on Application ❑, or provide USGS Quadrangle Map name and number: d. Latitude/Longitude OK on Existing Permit ❑, (check at hn://www.tot)ozone.com These are often inaccurate) or is OK on Application ❑, or provide Latitude: 35.936917 Longitude: 78-902886 e. Receiving Stream OK on Existing Permit ❑, OR, if not, is OK on Application ❑, or provide Receiving Stream or affected waters: Unnamed tributary to Northeast Creek a. Stream Classification: C-NSW b. River Basin and Sub basin No.: 030605 c. Describe receiving stream features and downstream uses: ti d NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS F_or NEW FACILITIES Proceed to Section C, Evaluation and Recommendations (For renewals or mod cations continue to section B) B. DESCRIPTION OF FACILITIES AND WASTES) (renewals and modifications only) 1. Describe the existing treatment facility: 2. Are there appropriately certified ORCs for the facilities? ❑ Yes or ❑ No. Operator in Charge: Certificate # Back- Operator in Charge: Certificate # (Available in BIMS or Certification Website) 3. Does the facility have operational or compliance problems? Please comment: Summarize your BIMS review of monitoring data (Notice(s) of violation within the last permit cycle; Current enforcement action(s)): Are they currently under SOC, ❑ Currently under JOC, ❑ Currently under moratorium ❑? Have all compliance dates/conditions in the existing permit, SOC, JOC, etc. been complied with? ❑ Yes or ❑ No. If no, please explain: 4. ResiduaIs Treatment: PSRP ❑ (Process to Significantly Reduce Pathogens, Class B) or PFRP ❑ (Process to Further Reduce Pathogens, Class A)? Are they liquid or dewatered to a cake? Land Applied? Yes ❑ No ❑ If so, list Non -Discharge Permit No. Contractor Used: Landfilled? Yes ❑ No❑ If yes, where? Other? Adequate Digester Capacity? Yes [] No ❑ Sludge Storage Capacity? Yes ❑ No ❑ Please comment on current operational practices: 5. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? ❑ Yes or ❑ No. If yes, please explain: C. EVALUATIONAND RECOMMENDATIONS 1. Alternative Analysis Evaluation: has the facility evaluated the non -discharge options available? Give regional perspective for each option evaluated: Spray Irrigation: Connect to Regional Sewer System: Subsurface: Other Disposal Options: FORM: NPDES-RRO 06/03, 9/03, 1/07 2 NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS 2. Provide any additional narrative regarding your review of the application: This facility has gone through a business change. Airgas Specialty Gases has been in control since April 1, 2009. The facility has three outfalls. At the time of the inspection Airgas Specialty gases had not implement its stormwater program as required by their permit. As per the plant manager implementation of the program will begin immediately. RRO recommend that their individual Stormwater permit be issued. 3. List any items that you would like NPDES Unit to obtain through an additional information request. Make sure that you provide a reason for each item: Recommended Additional Information Reason 4. List specific Permit requirements that you recommend to be removed from the permit when issued. Make sure that you provide a reason for each condition: Recommended Removal Reason 5. List specific special requirements or compliance schedules that you recommend to be included in the permit when issued. Make sure that you provide a reason for each special condition: Recommended Addition Reason 6. Recommendation: ❑ Hold, pending receipt and review of additional information by regional office; ❑ Hold, pending review and approval of required additional information by NPDES permitting office; ® Issue; ❑ Deny. If deny, please state reasons: Reminder: attach inspection report if Yes was checked for 2 d. 7. Signature of report preparer: Signature of W9Sjreegional supervisor:" U y Date: [ FORM: NPDES-RRO 06/03, 9/03, 1/07 3 NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS P. ADDITIONAL REGIONAL STAFF REVIEW ITEMS 1f next page is not used, PLEASE set printer for pages 1 through 3 to avoid wasting paper. Use this page for facilities with more than one Discharge Pipe Discharge Point: (Fill this section only if BIMS or Application Info is incorrect or missing►) a. Location OK on Application ❑, OK on Existing Permit ❑, or provide Location: b. Driving Directions OK on Application ❑, OK on Existing Permit ❑, or provide Driving Directions (please be accurate): c. USGS Quadrangle Map name and number OK on Application ❑, OK on Existing Permit ❑, or provide USGS Quadrangle Map name and number: d. Latitude/Longitude OK on Application ❑, (check at http://topozone.com These are often inaccurate) OK on Existing Permit ❑, or provide Latitude: Longitude: e. Receiving Stream OK on Application ❑, OK on Existing Permit ❑, or provide Receiving Stream or affected waters: a. Stream Classification: b. River Basin and Sub basin No.: c. Describe receiving stream features and downstream uses: Discharge Point: (FiII this section onlv if BIMS or Annlication Info is incorrect or missin a. Location OK on Application ❑, OK on Existing Permit ❑, or provide Location: b. Driving Directions OK on Application ❑, OK on Existing Permit ❑, or provide Driving Directions (please be accurate): c. USGS Quadrangle Map name and number OK on Application ❑, OK on Existing Permit ❑, or provide USGS Quadrangle Map name and number: d. Latitude/Longitude OK on Application ❑, (check at http-.Htopozone.com These are often inaccurate) OK on Existing Permit ❑, or provide Latitude: Longitude: e. Receiving Stream OK on Application ❑, OK on Existing Permit ❑, or provide Receiving Stream or affected waters: a. Stream Classification: b. River Basin and Sub basin No.: c. Describe receiving stream features and downstream uses: FORM: NPDES-PRO 06103, 9/03, 1/07 4 NCS000046 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute l43-215.1, other lawful standards and regulations promulgated and adopted by4e,North Carolina Environmental Management Commission, and the Federal Water PollutionControl Act, as amended, p= is hereby AirgasfSpecialty Gases stormwater from a facility located at ASG Durham 0 United Drive Durham, NC urham County to receiving waters designated as a UT of Northeast Creek, a class.WS-I-V; NSW stream in the Cape Fear River Basin, in accordance with the discharge limitations_, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective January 1, 2010. This permit and the authorization to discharge shall expire at midnight on December 31, 2014. Signed this 111h day of December, 2009. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission • Permit No. NCS000046 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART H MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section k Stormwater Pollution Prevention Pian . Section B: Analytical Monitoring Requirern nts 1 Section C: Qualitative Monitoring Requirements X Section D: On -Site Vehicle°Maintenance.Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS .' Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability .8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: .General Conditions 1. Individual Permit Expiration 2. Transfers 3. Signatory'Requirements t M-•-^ _ Permit No. NCS000046 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 _ . I. Representative Sampling 4 2. Recording Results 3. Flow Measurements` 4. Test Procedures 5. Representative Outfall 6. Records Retention( f .. 7. Inspection and -Ent y Section E: Reporting Requirements 1. r 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 LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii • Permit No. NCS000046 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. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishngto obtain a No Exposure Certification must submit a No Exposure Certification°NOI form to the.Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the'No Exposure Exclusion once every five (5) years. SECTION B: PERMITTED 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 that has been adequately treated and managed,in accordance with the terms and conditions of this individual permit. All stormwater discharges shall be'in accordance with the conditions of this permit. Any other point source dischaii-ge_tosurface waters of the state is prohibited unless it is an allowable ron-stormwater dikhk:ge or is covered by another permit, authorization, or approval. The stormvater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION` -".LOCATION9P • Permit No. NCS000046 NCS000046 N 5 Map Stale 1:30,000 Airlas Specialty Gases ASG Durham latitude: 35" 56' W N Longitude: 780 54'-00" W CountY: Durham Receiving Stream: UT of Northeast O-eek Stream Class: V6-IV; NSW Sub -basin: 03-06-05 (Cape Fear River Basin) �-ysrrN�M[�7 ,elf lw�►�.���=y� :r Y Facility Location Part 1 Page 2 of 2 0 • Permit No. NCS000046 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 t� e_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.re6eiving4ater(s) to which the stormwater outfall(s) discharges, or if the discha & is to a municipal separate storm sewer system, the name of the municipality acid the ultimate receiving waters, and accurate latitude and longit� a of the point(s) of discharge. The general location map (or alternativelythe sitemap) shall identify whether each receiving water is impaired (on the states-303(d);list of impaired waters) or is located in a watershed for whicfi`alTMDL has been established, and what the parameter(s) of concern are: 11' V (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. (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 Part 11 Page 1 of 10 • • Permit No. NCS000046 B, Paragraph 5., The permitiee shall ie-certify:annually That the stormwater outfalls have been evaluated for, the presence of non-stormwater discharges. 2. Stormwater Management Plan_ The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, 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 stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material ---handling operations, and manufacturing or fueling operations. Infareas:where elimination of exposure is FV not practical, the stormwater management plan shall -document the feasibility of diverting the stormwater runoff away &o n areas of potential contamination. (b) Secondary Containment Requirement and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Ar endi tints and Reauthorization Act (SARA) water priority chemicals; and storage,in any amount of hazardous substances, in order to prevent leaks and spills 16-r contaminating stormwater runoff. A table or summary of all such�,tanks and stored materials and their associated secondary containment areas sl all be.maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with aflocking;mechanism), and any stormwater that accumulates in the containment a�irea` shall be at a minimum visually observed for color, foam, outfal l staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if.found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team), responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible -Part I I . Page 2 of 10 i • Permit No. NCS000046 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. The program shall list all stormwater confrol systems, 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 � v` 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 facilit ,equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shalf be recorded in writing and maintained in the SPPP. " X 5. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative' maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for impld'mentingAe training shall be identified, and their annual training shall be documented 6yttlejsignature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The 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. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall Part II Page 3 of 10 " Permit No. NCS000046 submit a time schedule t&the'Director'for modifying the Plan to meet minimum requirements.' -The permittee-shall provide certification in writing (in accordance with Part.IIl, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 8. Facility Inspections: Inspections of the facility and all stormwater systems shall occur as. part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year*(January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part H B and C of this permit. 9. Implementation. The permittee shall im lement,the Plan_, lm lementation of the Plan shall include documentation of all monitoring3,-measurements; inspections, maintenance - activities, .and training provided to employeesincluding the"log of the sampling data and of actions taken to implement BMPs associated with•the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Directopor the'Director's authorized representative immediately upon request. Part 11 Page 4 of 10 • Perm it No. NCS000046 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. T - Table 1. Analytical Monitoring Re uirementsA Discharge _ - Measurement Frequencyl Sample Sample Characteristics Units., Type2 Location3 Total Suspended Solids, TSS mg1L semi-annual Grab SDO Chemical Oxygen Demand, Grab SDO CODff mg/L semi-annual ' 4 Nitrogen, Total _m /L . ,y'` �. ._seini-annual Grab SDO Phosphorus, Total semi-annual Grab SDO pH standard;' semi-annual Grab SDO Total Rainfa114 i J inches_=-- 3 semi-annual Pain Gauge - �r; w Footnotes:Y_= I Measurement Frequency: Twice-pei• year during a representative storm event. 2 Grab samples shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall . status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Part II Page 5 of 10 • Permit No. NCS000046 Table 2. Monitoring Schedule 12 _ . Monrtoring period ... `Sample Nunrber. - Start _ a; =, End Year 1 Period 1 1 January 1, 2010 June 30, 2010 Yeaf.1_:'Period 2 2. July 1, 2010 December 31, 2010 Year 2 — Period 1 3 January 1, 2011 June 30, 2011 Year 2 — Period 2 4 July 1, 2011 December 31, 2011 Year 3 - Period h .5 January 1, 2012 June 30, 2012 Year 3 — Period 2. • 6 July 1, 2012 December 31, 2012 Year 4 — Period 1 7 January 1, 2013 June 30, 2013 Year 4 — Period 2 S July 1, 2013 December 31, 2013 Year 5 — Period 1- 9 January 1,,201,4- June 30, 2014 Year 5 — Period 2 10. July,1,42014 December 31,'2014 Footnotes: 1 Maintain semi-annual monitoring during permit renewal procc ss, if at,the expiration of the Individual Permit, the permittee has submitted an application for renewal.of coverage before the submittal deadline, the permittee will be considered for renewed coverage. T he=applicant must continue semi-annual monitoring until the renewed Certificate of Coverage, isassued 2 If no discharge occurs during the sampling period, the'permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month f sampling period. The permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permitteeAa11 compare monitoring results to the benchmark values in Table 3. The benchmark values in Table,3 are not permit limits but should be used as guidelines for f the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase.monrtornng, increase management actions, increase record keeping, and/or install stormwater Best.Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units - Benchmark Total Suspended Solids, TSS mg/L 100 Chemical Oxygen Demand, COD mg/L 120 Nitrogen, Total mg/L, 30 Phosphorus, Total mg/L 2 pH standard 6-9 Part 11 Page 6 of 10 i Permit No. NCS000046 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: I . 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 exceedence. 3. identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the inspection. /-- :4e,. 5. Record each instance of a Tier One response in the Stormwater.Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date the personnel conducting the inspection, the selected actions, and the date the selected.actions were implemented. V \�,,," Tier Two If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of,the benchmark range, for any specific parameter at a specific dischar a outfall;' Then: The permittee shall: 1. Repeat all the required actio.n`s outlined above in Tier One. `"' „ 2. Immediately ins`itate monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark'walue for-' two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue.until'three consecutive sample results are below the benchmark values or within the benchmark range. 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. A Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part II Page 7 of 10 Permit No. NCS000046 This site discharges to impaired waters experiencing problems with_turbid4yand low dissolved oxygen. There is currently a TMDL for fecal coliform in Northeast Creek. If another Total ' . Maximum Daily Load (TMDL) is approved for this segment of Northeast Creek, the permittee . may be required to monitor for the pollutant(s) of concern in the future.and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the requiredlevel of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection representative outfall status and shall be performed monitoring event. [If analytical monitoring is not r annual qualitative monitoring.] Qualitative monito effectiveness of the Stormwater Pollution Preventi stormwater pollution. , (�,' / c In the event an atypical condition is document the suspected cause of the" discovery. This documentation will 1 Table 4. Oualitative ach stormwater outfall regardless of pecified in Table 4, during'the analytical red; the permittee still must conduct semi-'. 'is -for the purpose of evaluating the la (SPPP) and assessing new sources of 4ed,at a stormwater discharge outfall, the permittee shall ondttton and any actions taken in response to the ma ntained with the SPPP. Reouirements . 'Discharge Characteristics ..Frequency]; .'. Monitoring Location Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual' SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual I SDO L Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the PartlI Page 8 of 10 Permit No. NCS000046 permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D. ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on; -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall.be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Tablet (Section B). All analytical monitoring shall be performed during a representativeistorm: event. fr Table 5. Analytical Monitoring Requirements for,On-Site Vehicle Maintenance Discharge Characteristics. Units Measurement -Sample Sample Fre uenc Type2 Location3 H standard , i ; kmt-annual Grab SDO TPH mg/l.�t' . `._semi-annual Grab SDO EPA Method 1664 (SGT-HEM)] Total Suspended Solids frig k- semi-annual Grab SDO Total Rainfall4;. inches' semi-annual Rain gauge - New Motor Oil Usage ;- gallons%month semi-annual Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. if at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stonnwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Part 11 Page 4 of 10 Permit No. NCS000046 Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not- permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention.Plan (SPPP).. Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge' Characteristics Units - -'-Benchmark= pH _ standard 6-9 TPH mg/L 13 [EPA Method 1664 (SGT-HEM)] Total Suspended Solids mg/L 44 ws Part II Page 10 of 10 0 0 Permit No. NCS000046 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit, shall be accomplished within;12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time arld existing facilities previously permitted and r applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from thetoperation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as;specified in Part I1, Section A, Paragraph 2(b) of this permit shall be accomplished prior to.the-beginning-of discharges from the operation of the industrial activity. % % \ j f " Duty,to Comply /A f /� 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 coin ly.with standards or prohibitions established under section 307(a) of the Clean Water Act fjf. toxic -pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)] C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class 1 violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class I1 violations are not to exceed Part III Page 1 of 8 Permit No. NCS000046 $10,000 per day'for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. - 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 Liabili Except as provided in Part 11I, 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, 143-215.613, 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. "/;, Sa -'�\' 0 Oil and Hazardous Substance Liabili Nothing in this individual permit shall be construed•to-precliude the institution of any legal action or relieve the permittee from any responsibilities, liabilit ie&rorrpenaltiesto which the pennittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the�Federal-Act, 33 USC 1321. 6. PropeM Rights r The issuance of this individual' a hit 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 infrmgemenfof Federal, State or local laws or regulations. 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. 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 terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 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. Part I❑ Page 2 of 8 i • Permit No. NCS000046 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years Per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration The pennittee is not authorized to discharge after the expiration date.,An 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 lat6,tham180'days prior to the expiration date. Any permittee that has not requested renewal at least 180 days `prar 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.E and 33 USC 1251 et. seq. Transfers This permit is not transferable to any person ezcept`after,riotice to and approval by the Director. The Director may require modification or revocatiowand reissuance of the permit to change the name and incorporate such other requirements as may -be necessary under the Clean Water Act. The Permittee is required to notify the Division in writing in•the event the permitted facility is sold or closed. . `. I- r? Signatory Requirements All applications, reports, or,informatio submitted to the Director shall be signed and certified. a. All applications to be'covered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor, (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if- (1) The authorization is made in writing 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 Part III Page 3 of 8 Permit No. NCS000046 responsibility, or an individual or position having overall -responsibility for enJironmental 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- iowing violations." / _ / _ _ // 4. Indivi The issuance of this individual permit does not prohibii,the Director from reopening and modifying the individual permit, revoking and reissuing the individual!permi\ or terminating the individual permit as allowed by the laws, rules, and regulations containedJi Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Ad_n nistr'l/ativeCode, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. Permit Actions The permit may be modified,;r"e`voked and're issued, or terminated for cause. The notification of planned changes or anticipated noncompliance d s 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. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 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 Part I I I Page 4 of 8 • • Permit No. NCS000046 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, Sectiont of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as requiredaierein shall b'ei-cliaacteristic of the volume and nature of the permitted discharge. Analytical sampling-sliall'be perf rnied 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 wastestream, body of water, or substance. Monitoring points as specified in this permit shall not.te changed without notification to and approval of the Director. �� h, - f Recording Results For each measurement, sample`, inspectibn or'.maintenance activity performed or collected pursuant to the requirements of this individual permit;tithe pernittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection -or maintenance activity; t <w b. The individual(g)who pperf ed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements_ of the volume of monitored discharges. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Page 5 of 8 Permit No. NCS000046 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. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Records Retention Visual monitoring shall be documented and records maintained at th/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 rrionitoi in -instrumentation, and copies of all reports required by this individual permit for a period of at'1 ast 5 years- from the date of the sample, measurement, report or application. This period may be extended by request of the Director at anytime. 7. Ins ection and Enta The permittee shall allow the Director, or anauthorized representative (including an authorized contractor Pf acting as a representative of the Director)r in the case f a facility which discharges through a municipal separate storm sewer system,.an uthorized�represent [ive 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; % t; a. Enter upon the perrnittee's premises where a regulated facility or activity is located or conducted, or where records must b 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 delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on forms supplied by the Division. Part III Page 6 of 8 0 Permit No. NCS000046 2. 3. E, I 611 6. 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 six-month sampling period, giving all required information and indicating "NO FLOW' as per NCAC T 15A 0213 .0506. 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. Visual monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Quality,',_,., 1617 Mail Service Center Raleigh, North Carolina�2769,9:1161: In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional Office (RO) by March 1 of each year. Addresses for each RO and the counties covered by.each. RO can be found here: http:/Iwww.enr.state.nc.us/htmi/re�ionaloffices.litmi.,Tbe permittee shall retain the completed originals on site. Visual monitoring results should not be,submitted to the Regional Offices or Central Files unless r_ specifically requested by DWQ:`,... µ Availabili1y of Reports Except for data determined to be confidential under NCGS 143-2153(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. 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). 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. Part III Page 7 of 8 • Permit No. NCS000046 7. Spills s The permittee shall report to the local DWQ Regional Offce,'within 24'hours, all significant spills as defined in Part VI of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 . gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bypass 9. 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 I[t M 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 tl circumstances. The written submission shall contain a des nption'ofthe' noncompliance, and its causes; the period of noncompliance, including exact dates and tunes,�and'ifthe noncompliance has not been corrected, the anticipated time compliance is expected't continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance The Director may waive within 24 hours. on a.case-by-case basis if the oral report has been received 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 11. Other information Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Ihtent to be covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 • NCS000046 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 fir' The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke thelndividual:Permit. PARTY] DEFINITIONS Act x� See Clean Water Act. Allowable Nan-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. Best Management Practices (BMPs} Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http:t/cfpub.epa.gov/npdes/storrnwater/menuofbmps/index.cfhL 4. 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 Liauid 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. Parts IV, V and VI Page 1 of • Permit No. NCS000046 6. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC �251, et. seq. , 8. Division or DW The Division of Water Quality, Department of Environment and Natural'Resources. 9. Director j The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission: if. Grab Sample 4 An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively), must be taken within the.first 30 minutesorf discharge. 12. Hazardous Substance --, Any substance designated under,40 CFR Part ;1'16 pursuant to Section 311 of the Clean Water Act. 13, Landfill 1 v 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, 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. 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 an Individual Permit. 17. Permiee The owner or operator issued a certificate of coverage pursuant to this Individual Permit. Part VI Page 2 of 4 Pages a* Permit No. NCS000046 18. Point Source Discharse 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. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10. hours. 20. Represent atiye,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 pennittee to perform analytical monitoring at a reduced number of outfalls. r � 21. Se ondary Containment Spill containment for the contents of the single largest tank- ithin the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event:- `. V 22, Section 313 Water Priority Chemical A chemical or chemical category which; a. Is listed in 40 CFR 372.65 pursuant`fo Section 3-f 3 of Title Ill of the Superfund Amendments and Reauthorization Act (SARA) of 1986,.also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold -levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. Meets at least one ofhe following criteria: (1) Is listed in appendix`D'of40 CFR part 122 on Table II (organic priority pollutants), Table III (certain-metals,£cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous subst n es); (2) Is listed�as-a'ha ardous 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. 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 1 17.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). Part VI Page 3 of Pages Permit No. NCS000046 26. Stormwater Discharge Outfall 5DO 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. 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. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and water body and pollutant. (A list of approv http://h2o.enr.state.nc.us/tmdO r i quality standards, in all seasons, for a specific state of North Carolina can be found at 31. Toxic Pollutant N"N Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 32. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 33. 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. 34. ' 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 4 of 4 Pages e Airgas Specialty Gases 630 unhad Drive Uurharn, NC 27713 Phone (919) 544-3773 Fax (919)544.3774 www.airgas,com September 17, 2009 North Carolina Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit RE: NCS000046 Dear Sus, Airgas Speciality Gases (ASG) purchased this facility from National Specialty Gases (NSG) and assumed control of the facility in April, 2009. NSG did not renew the permit in 2004 and consequently, analytical monitoring and visual monitoring were not completed for the remaining years at this facility. ,ASG is committed to fulfill North Carolina's Stormwater Discharge Permit and to conduct and implement all the necessary requirements of the state. ASG will employ all of the Best Management Practices contained in their new SW3P, some of which are: • Good housekeeping measures • Garbage, trash and waste material are collected in dedicated containers • Any drips or spills to be cleaned up immediately and disposed of properly • Clearly mark and inspect all containers for use • Provide necessary clean up materials • Provide erosion control measures • Establish records of inspections and maintenance • Employee training and record keeping There have not been any significant changes at the facility. Best regards, C4,1, a, G�,,,.s'�, Charlie Winston Plant Manager Airgas Speciality Gases t fli, OCT i #5000 of wAI P. it Coverage Amilk dt Rene Application Form ' National Pollutant Discharge Elimination System Permit Number046 rlCs000�46 Stormwater Discharge Permit The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information Owner / Organization Name: Owner Contact: Mailing Address: Phone Number. Fax Number: E-mail address: 'Reissued Permit will be moiled to the owner address National Specialty Gases John Harris PO Box 12013 RTP, NC 27709 (919) 544-3772 Facility/Permit Contact Information Facility Name: Fayetteville Plant Facility Physical Address: 630 United Dr RTP, NC 27709 Facility Contact: John Harris Mailing Address: Phone Number Fax Number. E-mail address: Discharee Information Receiving Stream: Stream Class: Basin: Sub -Basin: Number of Outfalls: 910-544.3772 r ch ch Ord Imualred Waters/ rMDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDU ❑ Yes 0 No � Don't Know ( for information on these waters refer to http:I/h2o.enr.state.nc.Lalsulimpairec Waters TMDLI ) CERTIFICATION I certify that I am familiar with the Information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature & Date -] , 18. 0 q Print or type name of person signing above Title Please return this completed renewal application form to: Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 North Carolina Division of Water Quality - Stormwater Permitting Unit Facility Name: Airgas Speciality Gases Permit Number. NCS000046 Location Address: 630 United Dr Durham, NORTH CAROLINA 27713 County: Durham "i certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." And "I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge penrlt." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign (according to permit signatory requirements) and return this Cerdfication. DO NOT SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION. / l,. Signature ele.vrt� �C.►'✓J�Date q . 1 q CrX&Ao. inSAotin P ,a Print or type name of person signing above Title SPPP Certification 5/09 w $yv UHRttb umve , I Rt6r ASPHALT PARKING emnim ' octtutc+a I INDUSTRIAL DRAINAGE AREAS AREA OUTFACE AREA (ACRES) PERVIOUS (A) IMIPUMOUS (OC) TOTAL T nwi 3.3% 99.7% I.OD 1 SM2 ox 10ox 0.2a IN I SWO03 OX 1007i 0.04 ,'--.• �` �� MA AL SWISA99 INOEK (D ® as ult a WO li. t �Ilccyals No sm a i j ,� LEGEND Hr 4,� . ��_ _ 11 .. I r �I—y....,,. nufm . `` PRaPnar+r Uhl 'on Co' WM UNE GRANAM RM URaGM 1i GOYEREp AIG 7K0001! AIiA9 I L"I... DRAMA« AREA tiGRINan 1 -- --- rASPHALT� l I 1 ® a1LL RESPwu +ar Lamm 1 Don �+ NET, M7M Itranr K2MA7ra94o—01 A—. o-f Norm 1. co u1UVR . 7 it[t my't� , i7lifa r� Ana Rv�l nPatw�+a re�y�ry�p rullamca WMAN �] mMb1I � �' i � YK�TMtltl�'MC �+COA11P1 p W1a0a11 WIGIIIRN f aI" POW CRAG mt t*m" Cm iWOaea I �� \r mkm V. yV `J `I m m it a 30 w eo OUTFALL • � � SWO03 zwom ------------- SITE DRAINAGE MAP NATIONAL •WELDERS 14 —vI ,1A=%m 2 • C� SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPIDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials C,,o — 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data H 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted Cw 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any-BMP's is planned, please include information on these BMP's. CW _- _ 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. CyJ 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal subrni—"A, then the last years monitoring results should be submit within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. • 0 QUARTERLY VISUAL SAMPLING and RAIN FALL AMOUNTS JAN. 1 TO MARCH 31, APRIL 1 TO JUNE 30 JULY 1 TO SEPT. 30, OCT. 1 TO DEC. 31 COMPANY: AIRGAS SPECIALITY GASES -Durham, NC ADDRESS: 630 United Drive CITY: Durham, NC 27713 DATE: Q . l'1 TIME: 3:OC>nr,,, SAMPLIER: C rite,yV iK6�r OUTFALL NO. S W QQ d NATURE OF DISCHARGE: lerq,%v% 3 " RAINFALL AMOUNT: f� RAINFALL DURATION_ g Q q o.nck er gs;_ q S �K VISUAL QUALITY: COLOR, ODOR: Ct�pn.e- To near FLOATING OR SETTLED SOLIDS: FOAM: OIL SHEEN: p COMMENTS: C: =rnents and SettingslChariae Winston\ ocal SetiingsVemporary Internet Fifes10LK901QuartV'lsua!-NC AIFFAA L NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor National Specialty Gases ATTN: John Harris, or Successor PO Box 1.201.3 RTP, NC 27709 Dear Permittee: Division of Water Quality Coleen H. Sullins Director September 17, 2009 Dee Freeman Secretary Cri - r l� SEP !a 2 12009 I ,DENR RAZE,::' Subject: NPDES Stormwater Permit Coverage Renewal National Specialty Gases Permit Number NCS000046 Durham County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000046. This permit expired on December 31, 2004. To assure consideration for continued coverage under your individual permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. Enclosed you will find an individual permit Renewal Application Form, Supplemental Information request, and Stormwater Pollution Prevention Plan Certification for your facility. Filing the application form along with the requested supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you receive a new permit, please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. The application and supplement must be completed and -returned to DWQ by November 17, 2009. Failure to request renewal within this time period will result in delay of your permit renewal and may result in a civil assessment. 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 permit renewal procedures please contact Brian Lowther of the Stormwater Permitting Unit at (919)-807-6368 or brian.lowther@ncdenr.gov. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit Cc: Central Files SPU Files Raleigh Regional office Ken Jones - Sent electronically to kjones@esgisafety.com i 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 9I M07-63001 FAX: 91M07- 4921, Customer Service: "77-623-6748 North C arol i na Internet www.nmaterqualily.oig . Naturally An Equal Opportunity 1 Affirmative Acdon Employer o�oFW�=FgoG Permit Co*ge . Renewal Application Form National Pollutant Discharge Elimination System Permit Number Stormwater Discharge Permit NCS000046 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information Owner / Organization Name: Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: * Reissued Permit will be mailed to the owner address National Specialty Gases John Harris PO Box 12013 RTP, NC 27709 (919) 544-3772 Facifitv/Permit Contact Information Facility Name: Fayetteville Plant Facility Physical Address: 630 United Dr RTP, NC 27709 Facility Contact: John Harris Mailing Address: Phone Number: Fax Number: E-mail address: Discharge Information Receiving Stream: Stream Class: Basin: Sub -Basin: Number of Outfalls 910-544-3772 Impaired Wate CUIL4DL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? 0 Yes ❑ No ❑ Don't Know ( for information on these waters refer to http://h2o. enr.state. nc. us/su/Impaired Waters TMDU ) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Print or type name of person signing above Date Title Please return this completed renewal application form to: Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 t Permit: NCS000046 SOC: County: Durham Region: Raleigh Compliance Inspection Report Effective: 12/10/99 Expiration: 12/31/04 Owner: National Specialty Gases Effective: Expiration: Facility: National Specialty Gases 630 United Dr Contact Person: John Harris Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Title: Inspection Date: 09116/2009 Entry Time: 03:00 PM Primary Inspector: Mack K Wiggins Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: Q Compliant fl Not Compliant Question Areas: 0 Storm Water (See attachment summary) Research Triangle Park NC 27709 Phone: 919-544-3772 Certification: Exit Time: 06:00 PM Phone: Phone: 919-791-4200 Inspection Type: Compliance Evaluation Page: 1 Permit: NCS000046 Owner - Facility: National Specialty Gases Inspection Date: 09/16/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Page: 2 • 0 Permit: NCS000046 Owner - Facility: National Specialty Gases Inspection Date: 09/16/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? n n n n # Does the Plan include a General Location (USGS) map? n n n n # Does the Plan include a "Narrative Description of Practices"? n n n n # Does the Plan include a detailed site map including outfall locations and drainage areas? n n n n # Does the Plan include a list of significant spills occurring during the past 3 years? n n n n # Has the facility evaluated feasible alternatives to current practices? n n n n # Does the facility provide all necessary secondary containment? n n n n # Does the Plan include a BMP summary? n n n n # Does the Plan include a Spill Prevention and Response Plan (SPRP)? n n n n # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? n n n n # Does the facility provide and document Employee Training? n n n n # Does the Plan include a list of Responsible Party(s)? n n n n # Is the Plan reviewed and updated annually? n n n n # Does the Plan include a Stormwater Facility Inspection Program? n n n n Has the Stormwater Pollution Prevention Plan been implemented? n n n n Comment: Qualitative MoniW n9 Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? n n n n Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n n n n # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n n n Comment: Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? n n n n # Were all outfalls observed during the inspection? n n n n # if the facility has representative outfall status, is it properly documented by the Division? n n n n # Has the facility evaluated all illicit (non stormwater) discharges? n n n n Comment: Page: 3 7. ]D.P®I�PREN'1OPT��ZT� STORM PEYOA.. ON I► - CERTiFTCATION North Carolina Division of Water Quality - Stormwater Permitting Unit Facility Name: Airgas Speciality Gases Permit Number: NC5000046 Location Address: 630 United Or Durham, NORTH CAROLINA 27713 County: Durham "l certify, under penalty of law, that the Starmwater Pollution Prevention Plan (SPPP) document and all attachments were developed and Implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel property. gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the informaation, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." And Ccertify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign. (accordhw to permit signatory requirements) and return this CerEification. DO NOT SEND-STIORMWATER POLLUTION PREVENTION PLAN WITH THIS' CERTIFICATION. Signature Qwn_ .- W c,.,A .t �.� � Date L Print or type name of person signing above Title L tsf� �' ' SPPP C,erUfkation 5/09 STORMWAZTR PQILUTION PN7nON PLAl+T I DE'(�ELOPNN��NT' AND Il�iPLEMENi'ATION, , CER1�.+�CATION North Carolina Division of Water Quality - Stormwater Permitting Unit Facility flame: A1rgas Specia€ity Gases Permit Number: NC5000046 Location Address. 630 United Dr Durham, NORTH CAROLINA 27713 County: Durham "1 certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel property. gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." And r certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "i am aware that there are significant penalties for falsifying. information, including the possibility of fines and imprisonment for knowing violations." Sign (acearding:to perinit. signaOry requirements) aad return this Certifieaiaion. DO NOT SEND -STORMWATER POLLU'IZON PREVENTION_ PLAN WTl`H THIS 'CERT. MCATION Signature {� Date _ Q • 3 - ��� W LW rho Q Print or type name of person signing above Title SPPP Cerlmfication 5109 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Gole'en' H. Sullins ' Dee Freeman Govemor Director Secretary November 16, 2009 Mr. Charlie Winston Airgas Specialty Gases 630 United Drive Durham, North Carolina 27713 Subject- Draft NPDPS Stormwater Permit Permit No. NCS000046 ASG Durham Durham County Dear Mr. Winston:_'. 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 permit: Analytical monitoring changes: 1. Analytical monitoring parameters have been added to this permit based on the classification and impairment of the stream discharged to. Nitrogen and Phosphorus have been carried over from the last permit term. Total Suspended Solids and Chemical Oxygen Demand have been added. 2. pH has been added to -the analytical monitoring requirements based on DWQ's current monitoring stragtegy. . 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 Section B. The perm ittee 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 six-month sampling period. Additionally, samples must be taken a minimum of.60 days apart, as specified in Table 2. 4. Benchmarks for apalytical 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 outfaII then the facility shall follow the Tier 1 guidelines which require a facility 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 two times in a row (consecutive), then the facility shall follow the 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. 5. 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 regardless of representative outfaII status. Wetlands and Stormwater Branch � Ile 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NOT'tf1CaI'Qllna Location: 512 9-8 N. Salisbury 5t Raleigh, North Carolina r Service: y �a� �� rr� Phone: 919�07�3001 FAX 919�07�4941 Customer 5ervice:1-877-623-fi74$ ��/ " Internet www.ncwaterquafity.org An Equal Opportunity 1 Affirmative Action Employer Mr. Charlie Winston Airgas Specialty Gases Permit No. NCS000046 b. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. . 7. The.flow.reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Monitoring for TPH has replace Oil & Grease. 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. 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 M' Part II Section A. 2. Additional requirements for the Stormwater-Management PIan 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 sites stormwater management controls as specified in Part 11 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 requirements. Additional information is provided in Part I Section A. 6. In addition to submitting two signed copies of DMRs to Central Files, a separate signed Annual Summary DMR copy must be submitted to the Iocal DWQ Regional Office by March 1 of each year. 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 this page. 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) 807-6375 or robert.patterson®ncdenr.gov Sincerely, 9 Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit cc: Mr. Ken Jones, Environmental Services Group, 904 Garland St., Little Rock, AR 72201 Raleigh Regional Office, Mack Wiggins Stormwater Permitting Unit Attachments 2 NCS000046 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 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 Eby the.North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, AirgasSpec ial�ty Gases is hereby authorized to,discbarge stormwater from a facility located at OSG Durham 630 United Drive Durham, NC _ Durbam County to receiving waters designated as a UT of Northeast Creek, a class C; NSW stream in the Cape . Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective February 1, 2010. This permit and the authorization to discharge shall expire at midnight on January 31, 2015. Signed this 8a' day of January, 2010. for Coleen H_ Sullins Director Division. of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000046 PART I Section A: TABLE OF CONTENTS INTRODUCTION Individual Permit Coverage Section B: Permitted Activities Section C: Location Map f- PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements.. Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicl -Maine ance.Monitoring Requirements 17 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDWIDUAL PERMITS — Section A: Compliance and Liability 1. Compliance Schedule 2. . Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 3. Signatory Requirements i Permit No. NCS000046 Section C Section D`: Section E: 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not,a Defense `j 3. Bypassing of Stormwater Control Facilities Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow. Measurements 4. Test Procedures 5. Representative O tf ll 6. Records Retention 7. Insnectiorn4and-Entry Reporting Requirements. " 1. Discharge Monitoring Reports 2. Subrnitti g: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 LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000046 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: If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing:to obtain a No Exposure Certification must submit a No Exposure Certification'N&torm 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 reapply for the'No Exposure Exclusion once every five (5) years.' .; SECTION & PERMITTED ACTIVITIES Until this permit expires or is modified"or revoked, the.permittee is authorized to discharge stormwater to the surface waters of NoA Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All stormwater discharges shall.be'in accordance with the conditions of this permit. Any other point source discharge tosurface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization,, -or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000046 T. '-fs �3 � •.5z1.� v f �ky r ` � ` I r• F tv; 1 � ��4q} yjf'�` Yf.:.�5�'f�� J �� !r }- �.'�� � ! f � � - r+y�...�•- ASG Durham ,NN �.��-�s� �► ter.• �'� ��F� f`_ Jt3i� �i�ls.� f l � �_ ems/ �'.... ._� •; ,} � �� 2i- -..4F s�.' = }' � � ra f 1 NCS000046 N I 5 - Airgas Specialty Gases ASG Dttrliam Latitude: 350 56' 06" N Longitude: 780 54' 00" W Count,•: Durham Receivina Strwm: UT of Northeast Creek Stream Gass: C, NSW Sub -basin: 03-06-05 (Capp Fear River Basin) ttrfrsi���,•��` Facility Location Part I Page 2 of 2 Permit No. NCS000046 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: 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 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 thereceiving.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. The general location map (or alternatively the site map) -shall identify whether each receiving water is impaired (on the s ate's. 303(d) -list of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are: fl (b) A narrative d6criptid of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that -have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. (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 Ill, Standard Conditions, Section Part II Page 1 of 10 Permit No. NCS000046 B, Paragraph S. The permittee shall re -certify annually that the stormwater. outfalls have been evaluated for the presence,of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, 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 stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material3handling operations, and manufacturing or fueling operations. In"aareas, where elimination of exposure is not practical, the stormwater management.plan shall,document the feasibility of diverting the stormwater runoff away from,areas of otential contamination. (b) Secondary Containment Requirerneri_ s and'Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfun'd Ari endm�ents and Reauthorization Act {SARA) water priority chemicals; and storage.in any amount of hazardous substances, in order to prevent leaks and spills frorn contaminating stormwater. runoff. A table or summary of all''cli�tanks and stored materials_ and their associated secondary containment areas,shall'be,maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with dlocking;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 any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for'sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible Part II Page 2 of 10 'Permit No. NCS000046 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. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, r 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. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded in writing and maintained in the SPFP. 5. Employee Training. Training pogr%ams. shall be developed and training provided at a minimum on an annual basis-for`facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by.tlie signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment_ The 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. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall Part II Page 3 of 10 Permit No. NCS000046 submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in. accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. S. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once. during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections _ are different from, and in addition to, the stormwater discharge characteristic monitoring -required in Part II B and C of this permit. 9. Implementation. The permittee shall implement A, Planimplementation of the Plan shall -'include documentation of all momtoring ,measu ements;4inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated'withAhe industrial activities, including vehicle maintenance activities.. Such documentation shall be kept on -site for a period of five years and made available to the Direc o ,br the'Director's authorized representative immediately upon request. Part II Page 4 of 10 Permit No. NCS000046 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a,sample may be collected if the next rain producing a discharge begins within 10 hours. Table 1. Analytical Monitoring Requirements/ Discharge Measurement Frequencyl_ Sample Sample Characteristics Units Type2 Location3 Total Suspended Solids, TSS myZL semi-annual Grab SDO Chemical Oxygen_ Demand, !- t \`:�� Grab SDO COD mg/L semi-annual Nitrogen, Total .mg/L., ' ; semi-annual Grab SDO Phosphorus, Total .;rri L .• semi-annual Grab SDO H standard, semi-annual Grab SDO Total Rainfall4 ,�' r inches` semi-annual Rain Gauge - Footnotes: f s � 7 I Measurement Frequency: Twice per year during a representative storm event. 2 Grab samples shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event. the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Part II Page 5 of 10 Permit No. NCS000046 Table 2. Monitorinp- Schedule Monitoring period.'.,. Sample Number' Start"-..- End ' Year 1 — Period 1 1 February 1, 2010 July 31, 2010 Year 1 — Period 2 2 August 1, 2010 January 31, 2011 Year 2 — Period 1 3 February 1, 2011 July 31, 2011 Year 2 — Period 2 4 August 1, 2011 January 31, 2012 Year 3 — Period 1 5 February 1, 2012 July 31, 2012 Year 3 — Period 2 6 August 1, 2012 January 31, 2013 Year 4 -- Period 1 7 February 1, 2013 July 31, 2013 Year 4 — Period 2 8 August 1, 2013 January 31, 2014 Year 5 — Period 1 9 February 1, 2014 July 31, 2014 Year 5 — Period 2 10 August 1 2014 January 31, 2015 Footnotes: I - Maintain semi-annual monitoring during permit renewal l Permit, the permittee has submitted an application for r n the permittee will be considered for renewed coverageT monitoring until the renewed Certificate of CoverageAs u; 2 If no discharge occurs during the sampling period, the'pei "No Flow" within 30 days of the end of the six month sal ft;tlie expiration of the Individual coverage before the submittal deadline, ie ant must continue semi-annual must submit a monitoring report indicating period. The permittee shall report the analytical results from the first sample -with valid results within the monitoring period. The permittee,shall compare monitoring results to the benchmark values in Table 3. The benchmark value is n Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values •require the permittee to increase. monitoring, increase management actions, increase record keeping, and/or install stormwater Best.Management Practices (BMPs) in a tiered program. See below the. descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analvtical Monitorine Discharge 'Chairacteristics _ = 'Units Benchmark Total Suspended Solids, TSS mg/L 100 Chemical Oxygen Demand, COD mg/L 120 Nitrogen, Total mg/L 30 Phosphorus, Total mg/L 2 pH standard 6-9 Part 11 Page 6 of 10 Permit No. NCS000046 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 exceedence. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the inspection. m 5. Record each instance of a Tier One response in the Storwater.Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected.actions were implemented. Tier Two If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of.the benchmark range, for any specific parameter at a specific dischar e outfall; Then: The permittee shall: ~ 1. Repeat all the required actions utlined,al?ove in Tier One. 2. Immediately institute morithly monito ng for all parameters at every outfall where a sampling result exceeded the benchmark:Value fortwo consecutive samples. Monthly (analytical and qualitative) monitoring shall continue,until three consecutive sample results are below the benchmark values or within the 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. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part II Page 7 of 10 Permit No. NCS000046 This site discharges to impaired waters experiencing problems with turbidity and low dissolved oxygen. There is currently a TMDL for fecal coliform in Northeast Creek. If another Total Maximum Daily Load (TMDL) is approved for this segment of Northeast Creek, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted-Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of� ach stormwa"ter outfall regardless of representative outfall status and shall be performed as sp&ified in Table 4, during the -analytical monitoring event. [If analytical monitoring is not quired the permittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring istfor the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. In the event an atypical condition -is oted�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 belibatotained with the SPPP. Table 4. Qualitative Monitoring Requirements Discharge, Characteristics . Frequencyl ' Monitoring Loeation2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the N Part II Page 8 of 10 Permit No. NCS000046 permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is.issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2, Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which'uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff ,from vehicle maintenance areas, and in accordance with the schedule presented in Table,2.(Section B). All analytical monitoring shall be performed during a representative,storm event �. Table 5.. Analytical Monitoring Requirements foir On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Sample Sample Free uenc l Type2 Location3 PH standard _ /.semi-annual Grab SDO TPH mg/1r'' semi-annual Grab SDO [EPA Method 1664 (SGT-HEM) Total Suspended Solids `mg/1 �, / semi-annual Grab SDO Total Rainfal l4 %" inches semi-annual Rain auge New Motor Oil Usage _ i,gallon%month semi-annual Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application.' The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 3 Sample "Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Part II Page 9 of 10 Permit No. NCS000046 Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stonmwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part I1 Section B. Table 6. Benchmark Values for Vehicle Mainten_ ance Analytical Monitoring Discharge Characteristics Units.- Benchmark pH standard -6-9 Y• TPH mg/L I`5 [EPA Method 1664 (SGT-HEM)] A Total Susnended Solids mg/L Part I1 Page 10 of 10 Permit No. NCS000046 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and,updated thereafter on an annual basis. Secondary containment, as specified in Part-li, Section A, Paragraph 2(b) of this permit, shall be accomplished within,12 months of the effective date of the initial permit issuance. !% �.� New Facilities applying for coverage for the first time and existing facilitiespreviously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the,operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this pen -nit shall be accomplished prior to -the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply / /f ,� X ° The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Cleah Water Act:and is grounds for enforcement action; for permit termination, revocation and reissu ce, 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 fcrtoxi6 pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any 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 $10,000 per violation with the maximum amount not to exceed $I25,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a). ] Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any 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 $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed Part III Page 1 of 8 Permit No. NCS000046 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 1I penalty not to exceed $125,000. 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 ,t Except as provided in Part II[, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee fron) any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-2151-6A, 143-215.613, 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 r- z'• .:N �y✓ the permittee from any responsibilities, liabilities; dr penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the'Fdde�l-/Act, 33 USC 1321. 6. Property Rights The issuance of this individual`permit doe -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 infringementn 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, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also fumish to the Director upon request, copies of records required to be kept by this individual permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more. than two years 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. Part III Page 2 of 8 Permit No. NCS000046 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance -shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS .1 1. Individual Permit Expiration The permittee is not authorized to discharge after the expiration date.An order to receive automatic authorization to discharge beyond the expiration date, the permiaee,shall submit forms and fees as are required by the agency authorized to issue permits no later-than180'days prior to the expiration date. Any pennittee that has not requested renewal at least 180 days prior' to'exptration, 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 § 1'43-2153.6 and 33 USC 1251 et. seq. J 2. Transfers X � . � This permit is not transferable to any person ezcept'after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as"may.be necessary under the Clean Water Act. The Pernuttee is required to notify the Division in `vri'ting in the event the permitted facility is sold or closed. 3. Signatory Requirements tv All applications, reports, onmformatton submitted to the Director shall be signed and certified. a. All applications to,be•co ered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. b. Al] 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 Part III Page 3 of 8 Permit No. NCS000046 responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under 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•knowinng violations." 4. Individual Permit Modification, Revocation and Reissuanc e, 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 containedn Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H A 100; and North Carolina General Statute 143-215.1 et al. 5. Permit Actions Y The permit may be modifies changes or anticipated non SECTION C: OPERATION AND Proper Operation and Maintenance :issued, or terminated for cause. The notification of planned not stay any individual permit condition. — ANCE OF POLLUTION CONTROLS 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. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 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 Part III Page 4 of 8 Permit No. NCS000046 b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry .weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Representative Samplint,, Samples collected and measurements taken, as required hereinshall 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 ischaracteristic 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 peipit, the perifiatee shall record the following information: a. The date, exact p/la e, and tithe 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. Part III Page 5 of 8 Permit No. NCS000046 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is ` established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at thefacilityalong 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 in6luiiu3g all calibration and maintenance records and all original strip chart recordings for continuous-monitoiing,instrrumentation, and copies of all reports required by this individual permit for a period of arleast 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 f.-) The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director),,or in che.cafse of a facility which discharges through a municipal separate storm sewer system, an authorize&representative of a municipal operator or the separate storm sewer system receiving the discharge, pon_ the, presentation of credentials and other documents as may be , required by law, to- m a. Enter upon the perittee'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; JU C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on forms supplied by the Division. Part III Page 6 of 8 Permit No. NCS000046 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 six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC TI5A 02B .0506. 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. Visual monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do SO. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted.to: Central Files Division of Water Quality % 1617 Mail Service Center�\ jr Raleigh, North Carolina'27 99-" 617�f In addition, a separate signed Annual Summary DMR 6py`shall be submitted to the local DWQ. Regional Office (RO) by March I .of each year. Addresses for each RO and the counties covered by each RO can be found here: http://,*"r,►v.enr.state.ne.us/htmUregionalofrces.htm].�The permittee shall retain the completed originals on site. Visual monitoring results should not be;submitied to the Regional Offices or Central Files unless specifically requested by DWQ_ <N t ' Availability of Reports Except for data determined to be confide t al under NCGS 143-21-5.3(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 f 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 143-215.6E or in Section 309 of the Federal Act. 4. Non-Stormwater Discharge 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. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the Individual 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. Part III Page 7 of 8 Permit No. NCS000046 7 8. 10. Snills The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VI of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. .Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible 'at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 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 shaIl be provided orally within 24 hours from the time the permittee became aware of the circumst c sr AY. submission shall also be provided 17 lip, - N-Y. within 5 days of the time the permittee becomes'aware of the.circumstances. The written submission shall contain a descriptionaofthe noncompliance, and its causes; the period of noncompliance, including exaci dates anmeA�a dJtri'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 noncomplrance\..,�� The Director may waive the' "written report on•a case -by -case basis if the oral report has been received within 24. hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 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 Individual Permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000046 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: 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 paragrapli:shall alZ\contain,any-6ther requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE The permittee must pay the administering and compliant the Division. Failure to pay the fee in,timely manner in i Division to initiate action to revoke the.lndividual Permi - • . \ `ram PART,VI 1. Act See Clean Water Act. ig fee within 30 (thirty) days after being billed by with 15A NCAC 2H .0105(b)(4) may cause this DEFINITIONS 2. 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. 3. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: bttp://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfrn. 4. 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. 5. 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. Parts IV, V and VI Page 1 of 4 Permit No. NCS000046 6. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 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 permit issuing authority.. 10. EMC The North Carolina Environmental Management Commis: 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes oaf discharge. 12. Hazardous Substance <\ Any substance designated under_40 CFR Part r16 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 im�'pou"" ent, an injection well, a hazardous waste long-term storage facility or a surface storage facility. f 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, industrial machinery, raw materials, intermediate products, by-products, fmal 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 § l 22.26(g) 16. 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 an Individual Permit. 17, Permiee The owner or operator issued a certificate of coverage pursuant to this -Individual Permit. Part VI Page 2 of 4 Pages Permit No. NCS000046 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. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 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. 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 chemical or chemical category which: � a. Is listed in 40 CFR 372.65 pursuantfto Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also. titled the Emergency Planning and Community Right - to -Know Act of 1986; �._ b. Is present at or above'threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. Meets at least one of the following criteria: (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 list4as 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. 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). Part VI I Page 3 of 4 Pages Permit No. NCS000046 26. 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. 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, it 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 .r A comprehensive site -specific plan which details measures•and practices, to reduce stormwater pollution and is based on anevaluation of the pollution potential of the siie 30. Total Maximum Dail Load TMDL TMDLs are written plans for attaining and rr water body and pollutant. (A list of approves http://h2o.enr.state.ne.us/tmdll) 31. Toxic Pollutant Any pollutant listed as toxic under Section 3 quality standards, in all seasons, for a specific state of North Carolina can be found at of the Clean Water Act. 32. Vehicle Maintenance Activity I'le Vehicle rehabilitation, mechanicalpairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations 33. Visible Sedimentation J. 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. 34. 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 4 of 4 Pages STORMWATER POLLUTION PREVENTION PLAN • DEVELOPMENT AND IlVIPLEMENTATION= w. .. CERTIFICATION North Carolina Division of Water Quality - Stormwater Permitting Unit Facility Name: Airgas Speciality Gases Permit Number: NCS000046 rES 6 Z0A5 location Address: 630 United Dr Durham, NORTH CAROLINA 27713County: Durham WATER ocQ T "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel property gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." And "1 certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terns and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign. (according tu.permit signatory requirements) and, return this Certification. DO NOT SEND'STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION.. Signature co Dattej, 0[• t o . ts— QfkC-CtLG ill�iv► C'�o [Tar �f1�1[,vk�.�c� Print or.type name of person signing above Title a--0- 4CL SPPP Certification 5/09 YIF NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary DATE: November 20, 2009 TO: Herald Sun EMAIL: legals@heraldsun.com FROM: SARAH YOUNG, DIVISION OF WATER QUALITY SUBJECT: PUBLIC NOTICE PAGES: 1 Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, November 24, 2009. Please fax a copy of the proof to me at (919) 807-6494 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Sarah Young NCDENRIDWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 NC DIVISION OF WATER QUALITY INTENT TO ISSUE A STORMWATER DISCHARGE PERMIT Public comment or objection to the draft permit is invited. Submit written comments to DWQ at the address below. All comments received prior to December 24, 2009 will be considered in the final determination regarding permit issuance and permit provisions. Application: Airgas Specialty Gases, 630 United Dr., Durham, NC 27713 has applied for an NPDES permit to discharge stormwater from an industrial facility at the same address in Durham County. The facility discharges to a UT of Northeast Creek. Copies of the draft permit, No. NCS000046, are available at: httpa/h2o.enr.state.nc.ustsu/publicnofce.htm . Additional permit documents are available for the reproduction cost at: DWQ Stormwater Permitting Unit 512 N. Salisbury Street (location, zip 27604) 1617 Mail Service Center (mail) Raleigh, NC 27699-1617 DWQ Contact: Robert Patterson (919)-807-6375 robert.patterson@ncdenr.gov Wetlands and Stommater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919 807.64941 Customer Service: 1-877-623-6748 Intemet: www.ncwaterquality.org An Equai Opportunity 1 Affirmative Action Employer NorthCarolina Natura!!'ff N C 'D IVIS ION OF WATER QUALITY INTENT To ISSUE A STORMWATER DISCHARGE PERMIT Public commenter -ob- jection to the draft.per-- m it is invited. Submit w ritten comments to DWQ at the address be - I ow. All comments re- ceived prior to Decem- ber 24, :2009 will be considered in the final determination regard- ing permit issuance and permit provisions. Application: Airgas Spe- cialty Gases, 630 Unit- ed Dr., Durham, NC 2 7713 has applied for an NPDES permit to dis- charge stormwater from an industrial facility at the same address in 'Durham County. The facility discharges to a UT of Northeast Creek. Copies of the draft per- mit, No. NCS0000461 are available at: h ttp : //h2 o e nr. state.n c.0 s/su/public notice htm. Additional permit docu- ments are available for the reproduction cost at: D WQ S tormwater Permitting Unit 512 N. Salisbury Street (location, ap 27604) 1 617 Mail Service_ Center (mail) Raleigh, NC. 2 7699-1617 . D WQ Contact: Robert Patterson (919)-807-6375 r obertp attersonO, ncdenr.gov H-S:.11-2412-009 T. AFFIDAVIT OF PUBLICATION State of North Carolina County of Durham Jennifer Snead, being duly swom, says that she is the Principal Clerk of PMG, LLC, doing business as The Herald - Sun, a newspaper published in and of general circulation in said County, and that a notice of which the annexed is a True Copy, was published in said newspaper one time on the 24th day of November, 2009. Pr cip Clerk Sworn to and subscribed before me this 6th day of January, 2010. Notary Public My Commission Expires: 8-15-14 Durham County, North Carolina P FIM as Vr•. u 27719 hu appMd Tor an NP[7® oarrtM[ to d+- aMrpes armwatar tram � harwrrr.i taciRy atthalamato f"IM CvUnW. nry. 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Four pieces this size can be cut out 17 x 22 sheet without waste. 1 apers monly used for letters and o� h e surfaces which accept ink .y writer and which can "easily be hea and busines forms are stand- s `L pieces this size can be cut out of a V" P pens commonly used for letters and ey have surfaces which accept ink or typewnter and which can easily be i- rheads and business forms are stand - a aro Four pieces this size can be cut out of a 17 x 2'a ithout waste. Bond (17 x 22) Papers commonly used for letters and business forms.'fhey have surfaces which accept ink readily from a pen or typewriter and which can easily be erased. Most letterheads and business forms are standard 8-1/2 x 11 size. Four pieces this size can be cut out of a 17 x 22 sheet without waste. Bond (17 x 22) Papers commonly used for letters and business forms. They have surfaces which accept ink readily from apen or typewriter and which can easilyy be erased. Most letterheads and business forms are standard 8-1/2 x 11 size.Four pieces this size can be cut out of a 17 x 22 sheet without waste. 1 2" B d [17 22) Papers commonly used for letters and business to s. y have surfaces which accept ink readily from a pen or type r and which can easily be erased. Most letterheads and busin forms are standard 8-112 x 11 size. Four pieces this size can c t out of a 17 x 22 sheet without waste. Bo d (17 22) Papers commonly used for letters and business f s. They ave surfaces which accept ink readily from a pen or writer an which can casily be erased. Most letterheads and usiness forms a standard 8-1/2 x 1 I size. Four pieces this size can be cut out o 17 x 22 sheet without waste. CI C PAT MCCRORY Governor DONALD R. VAN DER VAART Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY August 15, 2016 Mr. Daniel Farris Airgas USA, LLC 630 United Drive Durham, NC 27713 Sec;retary TRACY DAVIS Director Subject: NPDES Stormwater Permit NCS000046 Airgas USA, LLC Formerly Airgas Specialty Gases, Inc. Durham County Dear Mr. Farris: Division personnel received your request to revise your stormwater permit to accurately reflect your new company and/or facility name. Find enclosed the revised permit cover page. The terms and conditions contained in the Individual Permit remain unchanged and in full effect. This revised permit cover page is issued under.the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. Please note that the certificate of coverage shows the permit expired on January 31, 2015. We received the renewal application on July 21, 2014 and currently have a back log of renewals that we are working through. Please continue to abide by the conditions of the expired individual permit until a new permit is issued for this facility. If you have any questions or need further information, please contact the Stormwater Permitting Program at (919) 707-9220. Sincerely, ORiGINAI- SEGUED BY BETHANY GEORGOI3UAS for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Raleigh Regional Office Stormwater Permitting Program Files Central Files State of Naath Carolina I Enviromnental Quality i Energy, Mineral and Laud Resources 1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, North Carolina 27699-1612 919 707 9220 T N M STATE OF NORTH CAROLINA - DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT NO. NCS000046 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, Airgas USA, LLC is hereby authorized to discharge stormwater from a facility located at Airgas USA, LLC 630 United Drive Durham, NC Durham County to receiving waters designated as a UT of Northeast Creek, a class C; NSW stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I,11, III, IV, V and VI hereof. This permit and the authorization to discharge shall expire at midnight on January 31, 2015. Signed this day August 15, 2016. ORIGINAL SIGNED BY BETHANY GEOIRGOULIAS for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission M;IMA Division of Energy, Mineral & Land Resources Land Quality Section/Stormwater Permitting = NCDENR National Pollutant Discharge Elimination System ,� ram PERMIT NAME/OWNERSHIP CHANGE FORM 1. Please enter the permit number for which the change is requested. FOR AGENCY USE ONLY Date Received Year Month pay NPDES Permit (or) Certificate of Coverage N d E} 10 1 0 1 1 N 10 1 Cr 11. Permit status prior to requested change. a. Permit issued to (company name): Airgas Specialty Gases, Inc. b. Person legally responsible for permit: Daniel - Farris First MI Last Safety and Compliance Director RECEIVED Title 630 United Drive APR 27 2016 Permit Holder Mailing Address Durham NC 27713 W'NR4MM(111i1LI TY City State Zip .Vj'f &V& XAPSM[1TING (919) 544-3773 (877) 408-7998 Phone Fax c. Facility name (discharge): Airgas Specialty Gases, Inc. d. Facility address: 630 United Drive Address Durham NC 27713 City State Zip e. Facility contact person: Charlie Winston (919) 544-3773 First / MI / Last Phone Ill. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility ® Name change of the facility or owner If other please explain: Legal Entity Name Change Only b. Permit issued to (company name): Airgas USA, LLC c. Person legally responsible for permit: Daniel Farris First MI Last Safety And Compliance Director Title Airgas USA, LLC Permit Holder Mailing Address Durham NC 27713 City State Zip (267) 688-6713 dan.farris air as.com Phone E-mail Address d. Facility name (discharge): Airgas USA, LLC _ e. Facility address: 630 United Drive Address Durham NC 27713 City State Zip f. Facility contact person: Charlie Winston First MI Last 919 544-3773 charlie.winston air as.com Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Revised Jan. 27, 2014 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: First MI Last Title Mailing Address City State Zip Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) Vl. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, Daniel Farris, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be ret d as incomplete. r 4/13/2016 Signature APPLICANT CERTIFICATION Date 1, Daniel Farris, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be retu as incomplete. Wie April 13, 2016 Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh; North Carolina 27699-1612 Revised Jan. 27, 2014 Delaware page 1 The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "AIRGAS SPECIALTY GASES, INC.", A TEXAS CORPORATION, WITH AND INTO "AIRGAS USA, LLC" UNDER THE NAME OF "AIRGAS USA, LLC", A LIMITED LIABILITY CONPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DEr.AWARE, AS RECEIVED AND FILED IN THIS OFFICE ON THE TWENTY—THIRD DAY OF MARCH, A.D. 2016, AT 12:14 O'CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF MERGER IS THE FIRST DAY OF APRIL, A.D. 2016 AT 12:01 O'CLOCK A.M. 5032015 8100M SR# 20161823385 `�"'" You may verify this certificate online at corp.delaware.gov/authver.shtml J�fTny W�u11uCR Seavlrq Or Si►7� Authentication: 202034377 Date: 03-23-16 ATTACHMENT A ASG RESTRUCTURING SUMMARY Airgas, Inc. is carrying out a restructuring of its operating companies. Currently, Airgas, Inc. is the owner and parent company of Airgas Specialty Gases, Inc., a Texas corporation ('ASG'), and Airgas USA, LLC, a Delaware limited liability company ("Airgas USA'). Effective April 9, 2016, Airgas, Inc. will merge ASG into Airgas USA. Airgas, Inc. is and will remain the sole member (owner) of Airgas USA. When the restructuring is complete ASG will no longer be a separate legal entity and all of the business and operations of ASG will be carried out by Airgas USA. The restructuring is illustrated below. Pre -Restructuring Airgas, Inc. (Parent Company/Sole Owner) Post -Restructuring Airgas, Inc. (Parent Company/Sole Member) Airgas USA, LLC I I Airgas Specialty Gases, Inc. I I I Airgas USA, LLC AfflgA NCDENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Govemor Director October 5, 2009 gu e� tesources;w'I=-- uti• , J-- Individual NPDES Stormwater Permit Renewal Transmittal Cover Page To: Raleigh Regional Office, Mack Wiggins Subject- NPDES Stormwater Permit No. NCS000046 ASG Durham Durham, NC (Durham County) Attachment Description ® Staff Report ® Draft Permit ® Renewal Application p4m,*'I �V , wy�'l Dee Freeman Secretary k i 7 Please provide comments on the facility, draft permit, and staff report and sign/return the original staff report with comments. Return to Robert Patterson at the Central Office by November 6, 2009. Robert_Patterson^ Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-&4941 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal opportunity 1 Affirmative Action Employer CS g ' NorthCarolina Naturatt!f NCS000046 RRO A*A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Airgas Specialty Gases - ASG Durham (formerly National Specialty Gases) NPDES Permit Number: NCS000046 Facility Location: 630 United Dr., Durham, NC (DURHAM County) Type of Activity: Industrial Gases SIC Code: 2813 Receiving Streams: UT of Northeast Creek, See Figure 1 River Basin: Cape Fear River Basin, Sub -basin 03-06-05 Stream Classification: WS-IV; NSW Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Response Requested by (Date): October 26, 2009 Central Office Staff Contact: Return to: Robert Patterson, (919) 807-6375 Special Issues: " Issue :" Rating Scale:;1 easy) to 10 and Compliance history 3 Benchmark exccedance 1 Location (TMDL, T&E s ecies, etc 5 Other Challenges: 1 Difficulty Rating: 10/40 Description of Onsite Activities: • Repackage gases into smaller containers and ship them out. • Loading and unloading of gases and liquid in larger tanks outside. • Indoor cleaning and painting of gases cylinders. Documents Reviewed: • NPDES Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU File • Central Files • EPA Sector -Specific Permit, 2008 C ,I� Page 1 of 6 OCT � DENR ;ti NCS000046 303(d) List, 2008 draft, 2006 final 2005 Cape Fear Basinwide Plan History: • Date permit first issued: October 21, 1994 • Date permit re -issued: December 10, 1999 • Date permit expired: December 31, 2004 • Owner changed from National Specialty Gases to Airgas Specialty Gases: April 2009 • Date RRO inspected facility: September 16, 2009 • Date permittee notified that permit never renewed: September 17, 2009 • Date permittee submitted renewal application: September 22, 2009 Page 2 of 6 NCS000046 Central Office Review Summary: 1. General Observations: • 3 SDOs from the site; also some areas of sheet flow from the site. • Outdoor storage of new and empty gas cylinders. Cylinders are painted steel, stainless steel, and aluminum. • Main storage tanks outside containing liquid N2, Ar, CO2, and 02; as well as gas Ar, 02, and H2. • Loading/unloading dock is covered. 2. Im aTp irment: This segment (16-41-1-17-(0.7)a) is impaired due -standard violation offecal coliform, turbidity and low DO in the 2006 303(d) list. The draft 2008 303(d) shows standard violations for only turbidity and low DO. Existing TMDL approved in September 2003 forfecal coliform. 3. Threatened and Endangered: None shown on the database map. 4. Location: Facility discharges upstream of the Durham Triangle WWTP discharge to Northeast Creek; and is south of the main part of the City of Durham. 5. Industrial Changes Since Previous Permit: None. 6. Analytical Monitoring Notes: No record of required monitoring having been conducted for Nitrogen and Phosphorus. None submitted. The 2008 MSGP for this subsector (C2) has monitoring for Aluminum, Iron, and Nitrate + Nitrite Nitrogen. 7. Oualitative Monitoring Notes: No record of required monitoring having been conducted during the permit term. One monitoring event submitted, but performed after permit expired. No items of concern noted in this single event. Revised Permit Recommendations: Analytical Monitoring: 1. Nitrogen and Phosphorus will remain in the permit since the facility discharges to a NSW water; and since no monitoring was done by the previous owner. TSS and COD will also be added due to the stream impairment. Even though there is a TMDL for fecal coliform, it will not be added since the draft 2008 303(d) list no longer shows standard violations for this segment of the stream. 2. pH has been added to the analytical monitoring requirements based on the current monitoring strategy. 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 six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. 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 then the facility shall follow the Tier I guidelines which require a facility 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 two times in a row (consecutive), then the facility shall follow the 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. 5. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part lI Section B. Qualitative monitoring is required regardless of representative outfall status. 6. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. Page 4 of 6 Regional Office Staff Comments Concerning Airgas Speciality Gases (Addition to page 6 of 6). Airgas Specialty Gases has been in control since April 1, 2009. At the time of the site visit the facility had not developed or implemented their stormwater plan. The Raleigh Regional Office recommend that the permit be issued for the company to move forward with development and implementation of their program. Raleigh Regional Office will follow an inspection within 180 days after issuance. North Carolina Division of Water Duality Raleigh Regional office Surface Water Protection Phone (919) 7914200 Intemet www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 788-7159 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Naurally Carolina Customer Service 877-623-6748 NCS000046 f , Recommendations: Based on the documents reviewed, the application information submitted on September 22, 2009 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date 9 Z 9 Stormwater Permitting Unit Supervisor � Date 9 2t O for Bradley Bennett Concurrence by Regional Office Date RO Water Quality Supervisor Regional Staff Continents (attach additional pages as necessary) Page 6 of 6 ' N6000046 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 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. w 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 requirements. Additional information is provided in Part I Section A. Discussions with permittee: Ken Jones (consultant for owner), 900-887-6752, 9/24/09 and 9/25/09 Q: What are the cylinders made of that are stored outside? a. ANSWER: Cylinders are painted steel, stainless steel, and aluminum. F Page 5 of 6 1 NCQENR 4w North Carolina Department of Environment and Natural Resources'.- Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 5, 2009 Individual NPDES Stormwater Permit Renewal Transmittal Cover Page To: . Raleigh Regional Office, Mack Wiggins Subject: NPDES Stormwater Permit No. NCS000046 . ASG Durham Durham, NC (Durham County) Attachment Description Staff Report ® Draft Permit Renewal Application Please provide comments on the facility, draft permit, and staff report and signlretum the original staff report with comments. Return to Robert Patterson at the Central Office by November 6, 2009. Robert Patterson Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, INC 27699-1617 Wetlands and Stormwater Branch 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 91 MOZ-6494 4 Customer Service: l -877-623.6748 Intemet: www,ncwaterquality.org An Equal Opportunity; Affirmative Acton Employer No hCarolina NCS000046 RRQ Jr- WDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Airgas Specialty Gases - ASG Durham (formerly National Specialty Gases) NPDES Permit Number: NCS000046 Facility Location: 630 United Dr., Durham, NC (DURHAM County) Type of Activity: Industrial Gases SIC Code'. 28I3 Receiving Streams: UT of Northeast Creek, See Figure 1 River Basin: Cape Fear River Basin, Sub -basin 03-06-05 Stream Classification: WS-IV; NSW Proposed Permit Requirements'. See attached draft permit. Monitoring Data: See Table I Response Requested by (Date): October 26, 2009 Central Office Staff Contact: Return to: Robert Patterson, (919) 807-6375 Special Issues: Issue= >- FRatin ,Scaieicl ea �` ;to 10 and Compliance Kist 3 Benchmark exceedance 1 Location (TMDL, T&E s ecies, etc 5 Other Challenges: 1 Difficulty Rating: 10/40 Description of Onsite Activities: • Repackage gases into smaller containers and ship them out. • Loading and unloading of gases and liquid in larger tanks outside. • Indoor cleaning and painting of gases cylinders. Documents Reviewed: • NPDES Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database • SPU File • Central Files • EPA Sector -Specific Permit, 2008 � � r, r 7 Page 1 of 6 c NCS000046 • 303(d) List, 2008 draft, 2006 final • 2005 Cape Fear Basinwide Plan History: Date permit first issued: October 21, 1994 • • Date permit re -issued: December 10, 1999 • Date permit expired: December 31, 2004 • Owner changed from National Specialty Gases to Airgas Specialty Gases: April 2009 • Date RRO inspected facility: September 16, 2009 • Date permittee notified that permit never renewed: September 17, 2009 • Date permittee submitted renewal application: September 22, 2009 Page 2 of 6 • NCS000046 s Central Office Review Summary: 1. General Observations: 3 SDOs from the site; also some areas of sheet flow from the site. • Outdoor storage of new and empty gas cylinders. Cylinders are painted steel, stainless steel, and aluminum. • Main storage tanks outside containing liquid NZ, Ar, CO2, and 02; as well as gas Ar, 02, and H2. Loadinglunloading dock is covered_ 2. Impairment: This segment (16-41-1-17-(0.7)a) is impaired due standard violation offecal coliform, turbidity and low DO in the 2006 303(d) list. The draft 2008 303(d) shows standard violations for only turbidity and low DO. Existing TMDL approved in September 2003 for fecal coliform. 3. Threatened and Endangered: None shown on the database map. 4. Location. Facility discharges upstream of the Durham Triangle W WTP discharge to Northeast Creek; and is south of the main part of the City of Durham. 5. Industrial Chan es Since Previous Permit: None. 6. Analytical Monitoring Notes: No record of required monitoring having been conducted for Nitrogen and Phosphorus. None submitted. The 2008 MSGP for this subsector (C2) has monitoring for Aluminum, Iron, and Nitrate + Nitrite Nitrogen. 7. Qualitative Monitoring Notes: No record of required monitoring having been conducted during the permit term. One monitoring event submitted, but performed after permit expired. No items of concern noted in this single event. Revised Permit Recommendations: Analytical Monitoring: 1. Nitrogen and Phosphorus will remain in the permit since the facility discharges to a NSW water; and since no monitoring was done by the previous owner. TSS and COD will also be added due to the stream impairment. Even though there is a TMDL for fecal coliform, it will not be added since the draft 2008 303(d) list no longer shows standard violations for this segment of the stream. 2. pH has been added to the analytical monitoring requirements based on the current monitoring strategy. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part H 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 six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. 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 then the facility shall follow the Tier 1 guidelines which require a facility 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 two times in a row (consecutive), then the facility shall follow the 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. 5. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part 11 Section B. Qualitative monitoring is required regardless of representative outfall status. 6. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. Page 4 of 6 ` NCS000046 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in l this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: 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 Il 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. U. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part H 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 requirements. Additional information is provided in Part I Section A. Discussions with permittee: Ken ]ones (consultant for owner), 800-887-6752, 9/24/09 and 9/25/09 1. Q: What are the cylinders made of that are stored outside? a_ ANSWER: Cylinders are painted steel, stainless steel, and aluminum. Page 5 of 6 NCS000046 Recommendations: Based on the documents reviewed, the application information submitted on September 22, 2009 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date I 9 Stormwater Permitting Unit Supervisor _ / �v _ Date 9 Lf 4 for Bradley Bennett Concurrence by Regional Office r Date RO Water Quality Supervisor �'� Date Regional Office Staff Comments Concerning Airgas Speciality Gases (Addition to page 6 of 6)f facility had not me of e site visit the Airgas Specialty Gases has been in mwatcontrol plan April 1, 2009. At The Raleigh Regional Office recommend that the permit be developed or implemented their stormwate p implementation of their program. Raleigh issued for the company to move forward with development and Regional Office will follow an inspection within 180 days after issuance. Page 6of6 NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS (This form is best filled out on computer, rather than hard copy. Then unprotect to highlight in light blue as needed to make your comments more visible in the final printing.) [But DON'T protect document again, or Word wipes out all you have entered.] Date: �1k1.03':0 County: D To: NPDES Discharge Permitting Unit Permitee: ( RER-10SUMMKIGase Attn. NPDES Reviewer: Rob�ert�Ea tte'�i-�s Application/ Permit No.% N.CS0Q00.4 Staff Report Prepared By: Maw' M s Project Name: SOC Priority Project? (YIN) ___. If Yes, SOC No. A. GENERAL INFORMATION 1. This application is (check a{i that apply): ❑ New ® Renewal ❑ Modification 2. Was a site visit conducted in order to prepare this report? ❑ Yes or ❑ No. a. Date of site visit: 09/15/09 b. Person contacted and telephone number: Charlie Winston, 919-544-3773 c. Site visit conducted by: Mack Witggins Ph W d. Inspection Report Attached: ❑ Yes or ❑ No. 2 D NOV 1 2 2009 DENR - wATER QUALI weuands & StonnwaW Branch 3. Keeping BIMS Accurate: Is the following BIMS information (a. through e. below) correct? ❑ Yes or ❑ No. If No, please either indicate that it is correct on the current application or the existing permit or provide the details. If none can be supplied, please explain: Discharee Point: ill this section only if BIMS or Application Info is incorrect or missin (If there is more than one discharge pipe, put the others on the last page of this form.) a. Location OK on Existing Permit ®, OR, if not, is OK on Application ❑, or if neither is right, provide Location: b. Driving Directions OK on Existing Permit ®, OR, if not, is OK on Application ❑, or provide Driving Directions (please be accurate): c. USGS Quadrangle Map name and number OK on Existing Permit ®, OR, if not, is OK on Application ❑, or provide USGS Quadrangle Map name and number: d. Latitude/Longitude OK on Existing Permit ❑, (check at bM://www.topozone.com These are often inaccurate) or is OK on Application ❑, or provide Latitude: 35.936917 Longitude: 78.902886 e. Receiving Stream OK on Existing Permit ❑, OR, if not, is OK on Application ❑, or provide Receiving Stream or affected waters: Unnamed tributary to Northeast Creek a. Stream Classification: C-NSW b. River Basin and Sub basin No.: 030605 c. Describe receiving stream features and downstream uses: NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS For NEW FACILITIES Proceed to Section C Evaluation and Recommendations For renewals or modi ications continue to section B B. DESCRIPTION OF FACILITIES AND WASTE (renewals and modifications only) 1. Describe the existing treatment facility: 2. Are there appropriately certified ORCs for the facilities? ❑ Yes or ❑ No. Operator in Charge: Certificate # Back- Operator in Charge: Certificate # (Available in BIMS or Certification Website) 3. Does the facility have operational or compliance problems? Please comment: Summarize your BIMS review of monitoring data (Notice(s) of violation within the last permit cycle; Current enforcement action(s)): Are they currently under SOC, ❑ Currently under JOC, ❑ Currently under moratorium ❑? Have all compliance dates/conditions in the existing permit, SOC, JOC, etc. been complied with? ❑ Yes or ❑ No. if no, please explain: 4. Residuals Treatment: PSRP ❑ (Process to Significantly Reduce Pathogens, CIass B) or PFRP ❑ (Process to Further Reduce Pathogens, Class A)? Are they liquid or dewatered to a cake? Land Applied? Yes ❑ No ❑ If so, list Non -Discharge Permit No. Contractor Used: Landfilled? Yes ❑ No❑ If yes, where? Other? Adequate Digester Capacity? Yes ❑ No ❑ Sludge Storage Capacity? Yes ❑ No ❑ Please comment on current operational practices: 5. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? ❑ Yes or ❑ No. If yes, please explain: C. EVAL UATIONAND RECOMMENDATIONS 1. Alternative Analysis Evaluation: has the facility evaluated the non -discharge options available? Give regional perspective for each option evaluated: Spray Irrigation: Connect to Regional Sewer System: Subsurface: Other Disposal Options: FORM: NPDES-RRO 06/03, 9/03, 1/07 2 NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS 2. Provide any additional narrative regarding your review of the application: This facility has gone through a business change. Airgas Specialty Gases has been in control since April 1, 2009. The facility has three outfalls. At the time of the inspection Airgas Specialty gases had not implement its stormwater program as required by their permit. As per the plant manager implementation of the program will begin immediately. RRO recommend that their individual Stormwater permit be issued. 3. List any items that you would like NPDES Unit to obtain through an additional information request. Make sure that you provide a reason for each item: Recommended Additional Information Reason 4. List specific Permit requirements that you recommend to be removed from the permit when issued. Make sure that you provide a reason for each condition:. Recommended Removal Reason 5. List specific special requirements or compliance schedules that you recommend to be included in the permit when issued. Make sure that you provide a reason for each special condition: Recommended Addition Reason 6. Recommendation: ❑ Hold, pending receipt and review of additional information by regional office; ❑ Hold, pending review and approval of required additional information by NPDES permitting office; ® lssue; ❑ Deny. If deny, please state reasons: Reminder. attach inspection report if Yeswas checked for 2 d. 0 7. Signature of report preparer: Signature of WS�reegional supervisor: Date: Vv• / FORM: NPDES-RRO 06/03, 9/03, 1/07 3 NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS D. ADDITIONAL REGIONAL STA FF RE VIE W ITEMS If next page is not used, PLEASE set printer for pages 1 through 3 to avoid wasting paper. Use this page for facilities with more than one Discharge Pipe Discharge Point: ff ill this section only if BIMS or Application Info is incorrect or missiniz) a. Location OK on Application ❑, OK on Existing Permit ❑, or provide Location: b. Driving Directions OK on Application ❑, OK on Existing PermitEl, or provide Driving Directions (please be accurate): c. USGS Quadrangle Map name and number OK on Application ❑, OK on Existing PermitEl or provide USGS Quadrangle Map name and number: d. Latitude/Lonkitude OK on ApplicationEl, (check at http://topozone.com These are often inaccurate) OK on Existing Permit ❑, or provide Latitude: Longitude: e. Receiving Stream OK on Application ❑, OK on Existing Permit ❑, or provide Receiving Stream or affected waters: a. Stream Classification: b. River Basin and Sub basin No.: c. Describe receiving stream features and downstream uses: Discharge Point: (Fill this section only if BIMS or Application Info is incorrect or missing) a. Location OK on Application ❑, OK on Existing Permit ❑, or provide Location: b. Driving Directions OK on Application ❑, OK on Existing Permit ❑, or provide Driving Directions (please be accurate): c. USGS Quadrangle Map name and number OK on Application ❑, OK on Existing Permit ❑, or provide USGS Quadrangle Map name and number: d. Latitude/Longitude OK on Application ❑, (check at http://topozone.com These are often inaccurate) OK on Existing Permit ❑, or provide Latitude: Longitude: e. Receiving Stream OK on Application ❑, OK on Existing Permit ❑, or provide Receiving Stream or affected waters: a. Stream Classification: b. River Basin and Sub basin No.: c. Describe receiving stream features and downstream uses: FORM: NPDES-RRO 06/03, 9/03, 1/07 4 5 Airgas Specialty Gases 630 United Drive Durham, NC 27713 Phone (919)544-3773 Fax (919) 544-3774 www.airgas.Com September 17, 2009 North Carolina Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit RE: NCS000046 Dear Sirs, Airgas Speciality Gases (ASG) purchased this facility from National Specialty Gases (NSG) and assumed control of the facility in April, 2009. NSG did not renew the permit in 2004 and consequently, analytical monitoring and visual monitoring were not completed for the remaining years at this facility. ,ASG is committed to fulfill North Carolina's Stormwater Discharge Permit and to conduct and implement all the necessary requirements of the state. ASG will employ all of the Best Management Practices contained in their new SW3P, some of which are: • Good housekeeping measures • Garbage, trash and waste material are collected in dedicated containers • Any drips or spills to be cleaned up immediately and disposed of properly • Clearly mark and inspect all containers for use • Provide necessary clean up materials • Provide erosion control measures • Establish records of inspections and maintenance • Employee training and record keeping There have not been any significant changes at the facility. Best regards, Charlie Winston Plant Manager Airgas Speciality Gases 45OW ��R�NG Permit Coverage ° Renewal Application Form 'I National Pollutant Discharge Elimination System Permit Number o Stormwater Discharge Permit NCS000046 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information Owner / organization Name: Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: ' Reissued Permit will be mailed to the owner address National Specialty Gases John Barris PO Box 12013 RTP, NC 27709 (919) 544-3772 Facilitv/Permit Contact Information Facility Name: Fayetteville Plant Facility Physical Address: 630 United Dr RTP, NC 27709 Facility Contact: John Harris Mailing Address: Phone Number. Fax Number: E-mail address: Discharee Information Receiving Stream: Stream Gass: Basin: Sub -Basin: Number of butfalls: 910-544-3772 S Gr DV ran a_ V n r C. b.c. t l it CAM-o v, Ulm," .• s„t,� Impaired WatersfrMDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? ❑ Yes ❑ No � Don't Know ( for information on these waters refer to http:/Ih2o.enr.state.nc.uslsulimpaired Waters TMDLI ) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature hil.� . _ , ,_. .. _.._,.. Date q . 1$ . Qq �]Qa�rli� VIi�nSo�n TA6.4A Print or type name of person signing above Title Please return this completed renewal application form to: Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 STORMWATER POLLUTIONPREVENTION PLAN DEVELOPMENT AND IlVIPLEMENTATION CERTIFICATION North Carolina Division of Water Quality - Stormwater Permitting Unit Facility Name: Airgas Speciality Gases Permit Number. NCS000046 Location Address: 630 United Dr Durham, NORTH CAROLINA 27713 County: Durham "I certify, under penalty of law, that the Stonmvater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." Arid "i certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the temp and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION. Signature Date TI • • C)q C A&A c L/l ns v n P ,nA Print or type name of person signing above Title SPPP Certification 5/09 a y u417M MVE .At 1 I - 5�j.1 • r11 MALT .i j I r , r' I •1 •c,� r� � �: 7 I i e 1, .•r ,' r I ` � OYTF LL L�Asa1 ��� ■IOIIAR ApM� 1 ... A MALT PARKYID `Y lIILIA� OAIOC CAMR;. f 1rApEMOIre[ i 1 1 1 1 B 1 p IMpIRLLTBMc —•� i jApaIWMIL MMMO��►LLL L1�i 1 1 . f IAMItAN « ; rrll vaall wow ------- j 1 Lt�MG71. 1 mug A110R �MQ 1 �a1 icolovol IlRla vlu 4 I4a[C►CL nac 4 5 .. ' Ir ` Ir r 1 r � I I y aWQQ� f r'° . on Eli i� lallfall � 1 � 1 ---....... 1 rAW.ALT � I 41 J OUTF" ♦ SWO03 �{� �.� tee— --a— _.a....• _.,,J r, ,, INDUSTRIAL DRAINAGE AREAS AREA OUTFALL i AREA (ACRES) PERWOUS (x) IMPUMOUS (x) TOTAL j swoo1 313% 06.7x 1.00 II SWM ox toox 0.26 ]I[ SMvo3 as Ion' Q04 M& IR ALyWRMBAM WQrx 0 IM IIETM QM/Ofll! ® a rm w NmRmrAf (n — ovary LEGEND � GRAN FVkM --•— PROMIT u¢ r f" c xi MM UNE ORA91Am rww mum 0I)VV o AM Noose AMEN 1 T r I?RANAOL AREA NotvloRr L...... VU Rl:PC M IOT LOCATION I` AIQI Irma orn ra onAom " sill a -I ar11W MAY n, IN/ I" wwmr 4 WAIN. LLarow IIgRYAI • I IQI LPp MAP 0,al! aRAaIYTa AILPV)L7 011: M M:,,rr,1, ARL A14RO�IlAM7MM Or dl{Y1q! mAlt"s L A► IRIR coma MIL Mal MIar1 m m lv a m Lo ro SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: Initials (Do not submit the site Stormwater Pollution Prevention Plan) 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. Cw 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. _ 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. CA-0 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. QUARTERLY VISUAL SAMPLING and RAIN FALL AMOUNTS JAN. 1 TO MARCH 31, APRIL 1 TO JUNE 30 JULY 1 TO SEPT. 30, OCT. 1 TO DEC. 31 COMPANY: AIRGAS SPECIALITY GASES -Durham, NC ADDRESS. 630 United Drive CITY: Durham, NC 27713 DATE: q . i'1 TIME: 3 : dp SAMPLIER: C r ki OUTFALL NO. S VJ OO in6Toh NATURE OF DISCHARGE: w a,%V% RAINFALL AMOUNT. 3/4 RAINFALL DURATION: VISUAL QUALITY:_ COLOR, ODOR: Cke,e- 'no neier FLOATING OR SETTLED SOLIDS: FOAM: T\ o,n E, OIL SHEEN: COMMENTS: CAXwmen s and Settings%Gharire WinstoMl-oval SettingslTemPorary Internet Files%0LK901QuartifisuaNVC NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director September 17, 2009 National Specialty Gases ATTN: John Harris, or Successor PO Box 12013 RTP, NC 27709 Subject: NPDES Stormwater Permit Coverage Renewal National Specialty Gases Permit Number NCS000046 Durham County Dear Permittee: Dee Freeman Secretary Your facility is currently covered for stormwater discharge under NPDES Permit NCS000046. This permit expired on December 31, 2004. To assure consideration for continued coverage under your individual permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. Enclosed you will find an individual permit Renewal Application Form, Supplemental Information request, and Stormwater Pollution Prevention Plan Certification for your facility. Filing the application form along with the requested supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you receive a new permit, please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. The application and supplement must be completed and returned to DWQ by November 17, 2009. Failure to request renewal within this time period will result in delay of your permit renewal and may result in a civil assessment. 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 permit renewal procedures please contact Brian Lowther of the Stormwater Permitting Unit at (919)-807-6368 or brian.lowther@ncdenr.gov. Sincerely, f 1 Bradley Bennett, Supervisor Stormwater Permitting Unit Cc: Central Files SPU Files Raleigh Regional Office Ken Jones — Sent electronically to kjones@esgisafety.com 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone: 919M7-6300 \ FAX: 91W7-64921 Customer Service:1-877-623-6748 Internet www.ncwaterqualfy.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturallil Permit Coverage }� Renewal Application Form Permit Number A� National Pollutant Discharge Elimination System NCS000046 Stormwater Discharge Permit The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information Owner / Organization Name: Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: * Reissued Permit will be mailed to the owner address National Specialty Gases John Harris PO Box 12013 RTP, NC 27709 (919) 544-3772 Facilitv/Permit Contact Information Facility Name: Fayetteville Plant Facility Physical Address: 630 United Dr RTP, NC 27709 Facility Contact: John Harris Mailing Address: Phone Number: 910-544-3772 Fax Number: E-mail address: Discharge Information Receiving Stream: Stream Class: Basin: Sub -Basin: Number of Outfalls: Impaired WateCg MDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? ❑ Yes ❑ No ❑ Don't Know ( for information on these waters refer to http://h2o. enr state.nr. us/su/Impaired Waters TMDLI ) CERTIFICATION I certify that 1 am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Date Print or type name of person signing above Title Please return this completed renewal application form to: Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director May 3, 2004 NATIONAL SPECIALTY GASES ATTN: JOHN HARRIS, OR SUCCESSOR PO BOX 12013 RTP, NC 27709 VAI f NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal National Specialty Gases Permit Number NCS000046 Durham County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000046. This permit expires on December 31, 2004. 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 supplimental 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 July 9, 2004 in order for the permit to be renewed by December 31, 2004. Failure to request renewal by July 9, 2004 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. 1f you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548_ Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Raleigh Regional Office 1617 Mail Service Censer, 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 UNIITTED TAT ES POSTAL SERVICE RJR 276 First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • Stormwater & General Permits Unit Division of Wale, Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 I 110-6901 I I I I I I I I f r I I I i I I i t I p f I I I a a I I I f II m SENDER: 16 ■Complete items 1 ardor 2 for additimial services. to ■Completo items 3.4a, and 4b. ■ Print ymu name and address on the reverse of this form so that we can return this card yom this ■Aeac:hform to the fraru of the mailpisoe, or on the boric it space does not mWrite'A ewetum Receipt RequeWed on the rnaWam bmiow the amide rxmibec mThe Return Receipt wM show to whom the artids was depwared and the data C dellvered- 0 3. Article Addressed to: 41L Article I also wish to receive the following services (for an extra fee): $ 1. ❑ Addressee's Address 2. ❑ Restricted Delivery A Consult posirnaster for fee. S. CL 4b. Service Type GERALD S CARVER ❑ Registered NATIONAL SPECIALTY GASES ❑ Express Mail PO BOX 12013 ❑ Return Rno RESEARCH TRIANGLE PARK, NC 27709 (NCS000046) 7 Date _a 5. Received By. (Print Name) 8. Add 's E and t 6. Signatu ddre me or Agent) j X m_ P5 Form 3811, December 1994 10259-,97-B-01-m DC 8 cc z i1 Certified X ❑ Insured S ❑ COD w 0 a+ requested m r 2005 Recommendations DWQ will continue to monitor the New Hope Creek to identify stressors to the benthic community. DWQ will continue to work with Durham stormwater program to pursue funding for BMPs in the New Hope Creek watershed to further decrease nutrient loading into Jordan Reservoir. Further recommendations to protect streams in urbanizing areas and to restore streams in existing urban areas are discussed in Chapter 31. Segment 16-41-1-(11.5)b and c remain on the 303(d) list. Segments 16-41-(0.5)a and b and 16- 41-(11.5)a will be removed from the 303(d) list. TMDLs (Chapter 35) will be developed for identified stressors within 8-13 years of listing. Water Quality Initiatives In 1997, Durham County received a $750,000 CWMTF (Chapter 34) grant to purchase 340 acres of conservation easements along New Hope Creek [ 16-41-1-(0.5)a] and Mud Creek [ 16-41-1-10] in this watershed. The Triangle Land Conservancy (Chapter 34) also received a $2,750,000 CWMTF grant to acquire 392 acres along the New Hope Creek Greenway. In 1998, Chapel Hill received a $502,000 CWMTF grant to acquire 105 acres of permanent easements along Dry Creek. In 1999, NCEEP (Chapter 34) received a $582,500 CWMTF grant to stabilize and restore 450 linear feet of Sandy Creek [1641-1-11] in Duke Forest and to construct a bioretention areas to treat runoff from 25 acres of urban area. This grant also included restoration of 8.2 acres of bottomland hardwood wetlands in the New Hope Creek watershed. The NCEEP completed 3,000 linear feet of stream enhancement in the Sandy Creek watershed. 5.3.3 Northeast Creek [AU # 16-41-1-17-(0.7)a, bl and b2] 2000 Recommendations The 2000 basin plan recommended that DWQ work with the stormwater programs to help improve water quality in Northeast Creek. Current Status Northeast Creek [I6-41-1-17-(0.7)a] from US 55 to Durham Triangle WWTP (3.3 miles) is Impaired for aquatic life because the turbidity standard was violated in 15 percent of samples and the dissolved oxygen standard was violated in 11 percent of samples at sites BA197. This segment is Supporting recreation because the fecal coliform bacteria standard was not violated during intensive sampling to assess the standard at site BA197. Northeast Creek [I6-41-1-17-(0.7)bII from Durham Triangle WWTP to Kit Creek (3.3 miles) is Impaired for aquatic life because the turbidity standard was violated in 10.3 percent of samples at site BA209. This segment is Impaired for recreation because the fecal coliform bacteria standard was violated during intensive sampling to assess the standard at site BA209. Northeast Creek [16-41-1-17-(0.7)b2] from Kit Creek to downstream of Panther Creek (3.2 miles) is Impaired for aquatic life because the turbidity standard was violated in 15 percent of samples at site BA209. This segment is Supporting for recreation because the fecal coliform bacteria standard was not violated during intensive sampling at site BA209. DWQ developed a fecal coliform bacteria TMDL that was approved by EPA in September 2003. The TMDL recommended a 90 percent reduction in bacteria loading from urban stormwater in Durham (Chapter 35). Chapter 5 = Cape Fear River Subbasin 03-06-05 57 2005 Recommendations DWQ will continue to monitor Northeast Creek. DWQ will work with Durham stormwater services where possible to help reduce the impacts of stormwater and to reduce bacteria loading by 90 percent. Further recommendations to protect streams in urbanizing areas and to restore streams in existing urban areas are discussed in Chapter 31. All three segments will remain on the 303(d) list. TMDLs (Chapter 35) will be developed for identified stressors within 8-13 years of listing. 5.3.4 Third Fork Creek [AU # 16-41-1-12-(1) and (2)] 2000 Recommendations The 2000 basin plan recommended that DWQ continue to monitor Third Fork Creek to determine the impacts of development in the watershed. Current Status Third Fork Creek [16-41-1-12-(1)] from source to 2 miles upstream of NC 54 (5.2 miles) is Not Rated on an evaluated basis because Brenntag Southeast Incorporated (NC0086827) failed whole effluent toxicity (WET) tests five times during the last two years of the assessment period. The facility is in the headwaters of Third Fork Creek and instream impacts of these failures could not be assessed. Chemical leaching at Brenntag may be a potential source of toxicity. Third Fork Creek [ 16-41-1-12-(2)] from 2 miles upstream of NC 54 to New Hope Creek (3.9 miles) is Impaired for aquatic life because the turbidity standard was violated in 12 percent of samples collected at site BA178 during the assessment period. This segment is Not Rated for recreation because the fecal coliform bacteria screening criteria were exceeded at site BA178. A TMDL (Chapter 35) was approved in January 2005 for total suspended solids that recommended a 56 percent reduction in TSS mostly from the Durham stormwater system. 2005 Recommendations DWQ will continue to monitor Third Fork Creek. DWQ will work with Durham stormwater services where possible to help reduce the impacts of stormwater. DWQ will determine if intensive sampling is needed to assess the fecal coliform bacteria standard in this creek (Appendix X). The NPDES compliance process will be used to address -the significant permit violations noted above. Segment 16-41-1-12-(2) will be added to the 303(d) list. TMDLs (Chapter 35) will be developed for identified stressors within 8-13 years of listing. Water Quality Initiatives The NCEEP completed 3,200 linear feet of stream restoration in this watershed (Chapter 34). Chapter 5 — Cape Fear River Subbasin 03-06-05 58 CAPE FEAR River Basin Subbasin 03-06-05 Assessment Impaired Year Waterbody and Description UnIt (AU) Class Subbasin Use Listed Category and Reason for Listing Potential Source(s) Miles or Acres New Hope River Arm of B. 16-01-(0.5) WS4V&B 03-06-05 5 1,199.8 FW Acres Everett Jordan Lake (below NSW CA normal pool elevation) From source at confluence of Morgan Creek and New Hope Creek Arm of B. AL 2002 5 Standard violation: Chlorophyll a MS4 NPDES Everett Jordan Lake (a east -weal line across the southern tip of the formed WWTP NPDES penisula) to Chatham Co New Hope River Arm of B. 16-01-(3.5)a WS4VBB 03-06-05 5 6,673.3 FW Acres Everett Jordan Lake (below NSW CA normal pool elevation) From Chatham County SR 1008 to Haw River Arm of B. Everett Jordan Lake, Haw AL 2006 5 Standard violation: Chlorophyll a WWTP NPDES River MS4 NPDES Northeast Creek 16-01-1-1740.7)a WS4V 03-08-05 5 3.3 FW Miles NSW From US Hwy 55 to Durham Triangle WVVTP O 1998 4a Standard violation: Fecal Coliform MS4 NPDES AL 2006 5 Standard violation: Turbidity AL 2006 5 Standard violation: Low Dissolved Oxygen Northeast Creek 16-41-1-17-(0.7)b1 WS-IV 03-06-05 5 3.3 FW Mlles NSW From Durham Triangle WWTP to Kit Creek REC 2000 4a Standard violation: Fecal Coliform MS4 NPDES AL 2006 5 Standard violation: Turbidity Northeast Creek 16.41-1-17-(0.7)b2 WS4V 03-06-05 5 3.2 FW Milos NSW From Kit Creek to a point 0.5 mile downstream of Panther Creek O 1998 4a Standard violation: Fecal Coliform MS4 NPDES AL 2006 5 Standard violation: Turbidity Northeast Creek 16-41-1-1744) WS4V 03-06-05 6 1.2 FW Mlles NSW CA From a point 0.5 mile downstream of Panther Creek to New Hope Arm of B. Everett AL 2000 6 Impaired biological integrity Jordan Lake r Third Fork Creek 16.41-1-12-(1) C NSW 03-06-06 6 5.2 FW !Wiles From source to a point 2.0 miles upstream of NC Hwy. 54 At_ 1998 6 Impaired biological integrity VVWTP NPDES North Carolina 303(d) List- 2006 Tuesday, June 19, 2007 CAPE FEAR Basin 03-06-05 Page 8 of 125 Cape Fear River Basin Haw River 8-Digit Subbasin 03030002 Assessment Unit Number Name Use Use Description Support Support Reason for Parameter of Collection Listing IR Classification DWQ Subbasin Miles/Acres Watershed (s) Category Rating Rating Interest Year Year Category 16-41-1-17- Northeast Creek 030300020605 Aquatic Life Impaired Standard Violation Turbidity 2006 2006 5 (0.7)a Aquatic Life Impaired Standard Violation Low Dissolved Oxygen 2006 2006 5 From US Hwy 55 to Durham Triangle WWTP WS-IV;NSW 03-06-05 3.3 FW Miles 16-41-1-17- Northeast Creek 030300020605 Water Supply Impaired Standard Violation NO2+NO3-N 2006 2008 5 (0.7)bl From Durham Triangle WWTP to Kit Creek WS-IV;NSW 03-06-05 3.3 FW Miles 16-41-1-17- Northeast Creek 030300020605 Aquatic Life Impaired Standard Violation Turbidity 2006 2006 5 (0.7)b2 Water Supply Impaired Standard Violation NO2+NO3-N 2006 2008 5 From Kit Creek to a point 0.5 mile downstream of Panther Creek WS-IV;NSW 03-06-05 3.2 FW Miles 16-41-2-(5.5)b Morgan Creek 030300020607 Aquatic Life Impaired Biological Criteria Ecologicalfbiological Integrity 2003 2000 5 From Meeting of the Waters to Chatham County SR 1726 Exceeded Benthos (Durham County SR 1109) WS4V;NSW 03-06-06 4.1 FW Miles 16-41-2-(9.5) Morgan Creek (including the 030300020604 Aquatic Life Impaired Standard Violation Turbidity 2006 2008 5 Morgan Creek Arm of New Hope 030300020607 River Arm of B. Everett Jordan 030300020608 Lake) From Chatham County SR 1726 (Durham County SR 1109) to New Hope Creek Arm of New Hope River Arm of B. Everett Jordan Lake WS-IV;NSW,CA 03-06-06 836.2 FW Acres 16-7a Little Troublesome Creek 030300020105 Aquatic Life Impaired Biological Criteria Ecologicallbiological Integrity 1994 2000 5 From source to Reidsville WVM Exceeded Benthos C;NSW 03-06-01 3.5 FW Miles 16-7b Little Troublesome Creek 030300020105 Aquatic Life Impaired Biological Criteria Ecologicallbiological Integrity 2003 1998 5 From Reidsville WWTP to Haw River Exceeded Benthos C;NSW 03-06-01 5.1 FW Miles B. Draft 2008 303(d) List -Integrates! Report Category 5 Version-20080107 Page 9 of 96 • � ♦ - � 2 ' ' .�C 11 General Permit Table S.C-1. Subsector (You may be subject to requirements for more than one sector/subsector) Parameter Benchmark Monitoring Concentration Subsector C1. Agricultural Chemicals (SIC 2873-2879) Nitrate plus Nitrite Nitro en 0.68 m Total Lead' Hardness Dependent Total Iron 1.0 m Total Zinc Hardness Dependent Phosphorus 2.0 mg/L Subsector C2. Industrial Inorga.ric Chemicals (SIC 2812-2819) Z � Total Aluminum 0.75 mgl L Total Iron L mg/L Nitrate plus Nitrite Nitrogen 0.68 mg/L Subsector C3. Soaps, Detergents, Cosmetics, and Perfumes (SIC 2841-2844) Nitrate plus Nitrite Nitrogen 0.68 mg/L Total Zinc' Hardness Dependent Subsector C4. Plastics, Synthetics, and Resins (SIC 2821-2824) Total Zinc Hardness Dependent 1 The benchmark values of some metals are dependent on water hardness. For these parameters, permittees must determine the hardness of the receiving water (see Appendix 3, "Calculating Hardness in Receiving Waters for Hardness Dependent Metals." for methodology), in accordance Nvith Part 6.2.1.1, to identify the applicable `hardness range' for determining their benchmark value applicable to their facility. The ranges occur in 25 mg/L increments. Hardness Dependent Benchmarks follow in the table below: Water Hardness Range Lead (mg/L) Zinc (mg/L) 0-25 mg/L 0.014 _ 0.04 25-50 mg/L 0.023 0.05 50-75 mg/L 0.045 0.08 75-100 mg/L 0.069 0.11 100-125 mg/L 0.095 0.13 125-150 mg/L 0.122 0.16 150-175 mg/L 0:151 0.18 175-200 mg/L 0.182 0.20 200-225 mg/L 0.213 0.23 225-250 mg/L 0.246 0.25 250f mg/L 0.262 0.26 8.C.4 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1 of the permit.) Table &C-2 identifies effluent limits that apply to the industrial activities described below. Compliance with these effluent limits is to be determined based on discharges from these industrial activities independent of commingling with any other wastestreams that may be covered under this permit. Stormwater Discharges Associated With Industrial Activity — Sector C 52 Part 8 — Sector -Specific Requirements for Industrial Activity . , Subpart C — Sector C — Chemical and Allied Products Manufacturing, and f elining. You must comply with Part 8 sector -specific requirements associated with your prin,cry industrial activity and any co -located industrial activities, as defined in Appendix A. "rlic sector - specific requirements apply to those areas of your facility where those sector-speci ic activities occur. These sector -specific requirements are in addition to any requirements spocitied elsewhere in this permit. 8.C.1 Covered Stormwater Discharges. The requirements in Subpart C apply to stormwater discharges associated witl: i.9 u'� tri, activity from Chemical and Allied Products Manufacturing, and Refining, facifitics, as identified by the SIC Codes specified under Sector C in Table D-1 of Appendix D of -the pen -nit. 8.C.2 Limitations on Coverage. K' 2.1 Prohibition ofNon-Stormwater Discharges. (See also Part 1.1.4) The foilowing are not covered by this permit: non-stormwater discharges containing inks, paints, or substances (hazardous, nonhazardous, etc.) resulting from an onsite spill, including materials collected in drip pans; washwater from material handling and processing areas; and washwater from drum, tank, or container rinsing and cleaning. 8.C.3 Sector -Specific Benchmarks Table 8.C-1 identifies benchmarks that apply to the specific subsectors of Sector C. These benchmarks apply to both your primary industrial activity and any co -located industrial activities. Stormwater Discharges Associated With Industrial Activity— Sector C 51 �r. it Pa I�aovi Airgas- Airgas Specialty Gases 630 United Drive Durham, NC 27713 Phone (919)544-3773 Fax (919) 544-3774 www.airgas.com September 17, 2009 North Carolina Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit RE: NCS000046 ------------------------ Dear Sirs, Airgas Speciality Gases (ASG) purchased this facility from National Specialty Gases (NSG) and assumed control of the. facility in April, 2009. NSG did not renew the permit in 2004 and consequently, analytical monitoring and visual monitoring were not completed for the remaining years at this facility. ASG is committed to hilfill North Carolina's Stormwater Discharge Permit and to conduct and implement all the necessary requirements of the state. ASG will employ all of the Best Management Practices contained in their new SW3P, some of which are: • Good housekeeping measures • Garbage, trash and waste material are collected in dedicated containers • Any drips or spills to be cleaned up immediately and disposed of properly • Clearly mark and inspect all containers for use • Provide necessary clean up materials • Provide erosion control measures • Establish records of inspections and maintenance • Employee training and record keeping There have not been any significant changes at the facility. Best regards, le-&== I . � D Charlie Winston t� Plant Managed Airgas Speciality Gases Cl- #5000 0�w4ZR Permit Coverage ° Renewal Application Form National Pollutant Discharge Elimination System Permit Number Stormwater Discharge Permit NC5000O46 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information ' Reissued Permit will be mailed to the owner address Owner / Organization Name: National Specialty Gases Owner Contact: John Harris Mailing Address: PO Box 12013 RTP, NC 27709 Phone Number: (919) 544-3772 Fax Number: E-mail address: Facility/Permit Contact Information Facility Name: Fayetteville Plant Facility Physical Address: 630 united Dr RTP, NC 27709 Facility Contact: John Harris Mailing Address: Phone Number: Fax Number: E-mail address: Discharge Information Receiving Stream: Stream Class: Basin: Sub -Basin: Number of Outfalls: 910-544-3772 A S G_-D_� rh.�. �• (0-40 (lni i r +rh&z i Oil SWA- -I OuM�y - -YI1 Impaired WatemtTMDL Does this facility discharge to waters listed as impaired or waters with a finalized TMI)L? l] Yes O No � Don't Know ( for information on these waters refer to http://h2o.enr.state.nc.uslsulimpaired_Woters—TMDLI ) CERTIFICATION 1 certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is7true, complete and accurate. Signature l"L._l+[.jie 4wft _ Date 9 . i 8 . oQ Print or type name of person signing above Title �%_-3 Please return this completed renewal application form to: Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 STORMWATER POLLUTION PREVENTION PLAN - 'DEVELOPMENT AND IlbIPLEMENTATION CERTIFICATION North Carolina Division of Water Quality - Stormwater Permitting Unit Facility Name: Airgas Speciality Gases Permit Number: NCS000046 Location Address: 630 United Dr Durham, NORTH CAROLINA 27713 County: Durham "1 certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." And "i certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign (according to permit signatory requirements) and return this Certifcation. DO NOT SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION. Signature Print or type name of person signing Date q . 18. Qq P ,- Title Is SPPP Certification 5/09 ., "i 4,, ,; :.. �-� , .. , .. ., _ ' � - , ';. T � 4 :, '" h �' F - 1r - ( � � � � e. `. r. �% .. _ � .. _ � � a 4 .. � i .. �; .. i �t _ �. � � �7 , -� « �� 4 r �� .. ASMALT PMM nafAr OFnm Z T OL I .MIT ROOF I "MME mu_7 it "m WL e--- :1, ''.. ~as ftm� -j-, owl" —Qrw LOAM SM OUTFALL 03 2 &Avg= UM Ar Loup C% -am wu or y ------------- - rmm_7 INDUSTRIAL DRAINAGE AREAS AREA OUTFALL AREA (ACRES) PERVIOUS (10 IMPEWOUS (10 TOTAL swool 3.3x 08.72 1.00 SWO02 ox loox 0.26 31IF SWM Oii Ion' M04 MAWRIAL qjQBM NQU 0 MEN* Hld, x(MaLmm CD m wan OL IE= M— RM ORM FDKIE PROPD"Y Loa mu UNE PRMAW AAW ONCTM OOWM &M NOW AREM 19 114LL MWOM MT U=M Im a, Mom " sm 0-1 BrCPM I FRU Vn" iw Is fm r�= PUMM own 10 IJAP 0 MI . COL w 441DW ;me AM AMOM Aft AM MMAIL A ALL I= INAM APM HOT 0401111 wArt ;'- 3cr 36 il 110 a, 36 4 . 0 9 1 0 j r. i Y , ' � i � � � � 1 i � : .� 1� 1 - ` t , ' ! i � _ C ` � ` _ - - �. i z •, !. !. r ( � _ _ 1 SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials _ 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. Cw 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. L 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. CA.0 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. u �. 4- 4 i!� .. r - t` 4 ' ' `. - ' •• .. r. � � _ � �J � y3 ^ -- •• i. '. � � r � M .. r ,� ` • � ' _ .� � � _- i F Y � , Ra •_ ... + 7 ` �— I ^ - � + � � a _. � � � _ 1 �• � �' - . • - QUARTERLY VISUAL SAMPLING and RAIN FALL AMOUNTS JAN. 1 TO MARCH 31, APRIL 1 TO JUNE 30 JULY 1 TO SEPT. 30, OCT. 1 TO DEC. 31 COMPANY: AIRGAS SPECIALITY GASES -Durham, NC ADDRESS: 630 United Drive CITY: Durham, NC 27713 DATE: 9 . M . TIME: 3 : Ob SAMPLIER: C �MQ 1N 11%STo h OUTFALL NO. SW CC) j NATURE OF DISCHARGE: RAINFALL AMOUNT: 3jt{ RAINFALL DURATION: !a q VISUAL QUALITY: q COLOR, ODOR: C��a.< 'mo n[tar FLOATING OR SETTLED SOLIDS: t-%o ram, FOAM: r% o r p. OIL SHEEN: f%o ftc COMMENTS: CN3ocuments and Settings%Charlie WinstonlLocai SettinpUemporary lntemet FileM0LKW QuadVisuaMC FACILITY: COUNTY CITY: PERMIT NUMBER Permit Information that needs to be Incorporated into Future Permit Revisions: DATE COMMENTS ' 4 Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Mr. Daniel Farris Airgas USA, LLC 630 United Drive Durham, NC 27713 Dear Mr. Farris: PAT MCCRORY Governor DONALD R. VAN DER VAART Secrerary TRACY DAVIS August 15 2016 Director AUG 2 2 201,� Subject: NPDES Stormwater Permit NCS�O�16R��°na! OFce Airgas USA, LLC Formerly Airgas Specialty Gases, Inc. Durham County Division personnel received your request to revise your stormwater permit to accurately reflect your new company and/or facility name. Find enclosed the revised permit cover page. The terms and conditions contained in the Individual Permit remain unchanged and in full effect. This revised permit cover page is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. Please note that the certificate of coverage shows the permit expired on January 31, 2015. We received the renewal application on July 21, 2014 and currently have a back log of renewals that we are working through. Please continue to abide by the conditions of the expired individual permit until a new permit is issued for this facility. If you have any questions or need further information, please contact the Stormwater Permitting Program at (919) 707-9220. Sincerely, ORIGINAL. SIGNED BY BETHANY GEORGOULIAS for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Raleigh Regional Office Stormwater Permitting Program Files Central Files State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, North Carolina 27699-1612 919 707 9220 T STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT NO. NCS000046 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, Airgas USA, LLC is hereby authorized to discharge stormwater from a facility located at Airgas USA, LLC 630 United Drive Durham, NC Durham County to receiving waters designated as a UT of Northeast Creek, a class C; NSW stream in the Cape Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I,1I, III, IV, V and VI hereof. This permit and the authorization to discharge shall expire at midnight on January 31, 2015. Signed this day August 15, 2016. ORIGINAL SIGNED BY BETHANY GEORGOULIAS for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission State of North Caro*, Department of Environment and Natural Resources Division -of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director July 23, 1999 NATIONAL GAS SPECIALTY _ ATTN: GERALD S. CARVER PO BOX 12013 - RESEARCH TRIANGLE PARK, NORTH CAROLINA 27709 Dear Mr. Carver: NCDENR _ NORTH CAROLINArDEPAR7MENT,OF WA EN.VIRONRENTND NU ATRAL ZSOURCE5 Subject: NPDES Permit Renewal Application Permit Number NCS000046 Individual Stormwater Permit Durham County The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000046 on 7/23/99. The submitted renewal package contained the following items: ➢ Signed application ➢ Site map ➢ Analytical monitoring results summary ➢ Visual monitoring results summary ➢ Best Management Practices summary ➢ Narrative describing significant changes at the permitted facility ➢ Signed Stormwater Pollution Prevention Plan certification A review of the submitted material indicates additional information is needed. Please submit documentation addressing the following items: ➢ VisuaI monitoring results summary - Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations. and date monitoring conducted_ The requested information or a deadline extension request must be submitted within 30 days of this letter. If the required information is not received by this date, the Division will have no alternative but to return this application as incomplete. If you have any questions or would like to discuss this letter, please contact me at (919) 733-5083, extension 584. , er y, Antonio va E. Environmental Enaineer cc: Raleigh Regional Office Stormwater and General Permits Unit Central Files - 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STORMWAIWR POLLUTION PREVMTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION N.C. Division of Water Quality, Stonnwater and General Pennits Unit Facility Name: NATIONAL SPECIALTY GASES Permit Number: NCS000046 Location Address: 630 UNITED DRIVE RTP, NC 27713 County: DURHAM "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate, and complete" " I certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit." "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature , Print or type name of person signing above Date �r Z) I !_ Title SPPP Certification 2199 STORMWAITR POLLUTION PREV . TION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION N.C. Division of Water Quality, Stormwater and General Permits Unit Facility Name: NATIONAL SPECIALTY GASES Permit Number: NCS000046 Location Address: 630 UNITED DRIVE RTP, NC 27713 County: DURHAM "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate, and complete" "I certify that the SPPP has been developed, signed and retained at the facility Iocation and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit." "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. Signature , Print or type name of person signing above Date / - Z ) + Title SPPP Certification 2/99 kr 41 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES PERMIT COVERAGNEWAL APPLICATION National Pollutant DMEarge Elimination System Stormwater NPDES Permit NCS000046 National Specialty Gases Permit Number NCS000046 Durham County THIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WITH THE REQUESTED SUPPLEMENTAL INFORMATION TO THE DIVISION OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR RENEWAL OF YOUR STORMWATER PERMIT NCS000046 PERMIT RENEWAL INFORMATION The following is the information currently in our database for your facility. Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. Facility Name: Mailing Address*: Location Address: Facility Contact: Phone Number: Fax Number: E-mail address: National Specialty Gases PO BOX 12013 RESEARCH TRIANGLE PARK, NC 27709 630 UNITED DRIVE RTP, NC 27713 GERALD S CARVER (919)544-3772 No number on file No address on file * This is the address to which all permit correspondence will be mailed CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. 4§� SignatureMN—Date 6 ~ 2, J 19 5 Print or type name of person signing above Title Please return this completed renewal form, the information as requested on the next page, and any relevant documentation to: Individual Permit Renewal Division of Water Quality Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Attn: Tony Evans -sPELTY�rES July, 21 1999 SUMMARY OF INSPECTIONS 5/8/96- Waste drums need to be indoors and overpacked -Scrap cylinders need disposal -Some pavement crumbled -Need Landscape Timbers to stop erosion -Need to reorganize and clean outside truck area 10122/96- No significant adverse conditions 4/16/97- No significant adverse conditions 11/5/97-No significant adverse conditions 5/14/98-No significant adverse conditions 11/4/98-No significant adverse conditions 6/24/99-Need to remove scrap cylinders -One area of parking lots needs repair P. O. Box 12013 Research Triangle Park, N.C. 27709 Phone 919/544-3772 • I/�n Ior� .S�PEl�LTY�s/�r'ES P. O. Box 12013 Research Triangle Park, N.C. 27709 Phone 919/544-3772 July 21, 1999 SUMMARY OF BEST MANAGEMENT PRACTICES 1.) Waste Liquids - Use of Mineral Spirits has been discontinued. All Oil and Trichloroethane waste has been removed. We only use 1 waste can for Oil and 1 waste can for Trichloroethane; both are stored inside building. Each is recycled as it becomes full. 2.) Storage - Continue to remove empty cylinders as necessary. Attempt to Minimize accumulation. 3.) Eroding Areas - Installed landscape timber barriers and planted grass. All sediments removed. 4.) Crumbled and Oil Stained Pavement Areas - All crumbled pavement areas were removed and replaced with concrete. 5.) Sediment near Outfall SWO01 - All sediments removed. 6.) Truck Washing at Loading Dock - Removed hose and posted sign. All trucks Are washed at commercial wash. 7.) Motor Oil from Trucks - Parking in designated areas, periodic maintenance on Truck has eliminated oil leakage. 8.) Comprehensive Preventive Maintenance has been established and is documented in plant files. rn ��6 A� UNITED DRIVE �� cy�� ERODING AREA TO BE STABILIZED 1 If 35 --- ----- �� �� ASPHALT I j- PROPOSED PARKING I 1 / e , / /! !1 I I I ASPHALT PARKING V I it CONCRETE — — —- --- \ i PROPOSED 1 ADDITION / ♦ / / I I LAB CHEMICAL J 7 I ! I STORAGE OFFICE CABINET / — I � � I Ar GAS alleawrw 1 GAS LIQUID N2 �— IFA TA ON 1 / 1 LIQUID Ar TRANSFORMER 1 � �y��;Vie�� ' / 1 LIQUID CO2 WAREHOUSE 0 gW 01LL �! ! t 1 ❑�-- DUM STER WITH LID EMPTY CYLINDERS !! 1 0--o— LIQUID OZ SPILL RESPONSE x ' EQUIPMENT 1 0 STORAGE GAS (OIL ABSORBANTS, ' MOPS, ETC.) � t 1 He STORAGE GASDRAIN To Z 2 j ! 1 E CITY SEWER l CONCRETE Z x ASPHALT -7 I � He STORAGE GAS PAINT ROM S ZGRASS ^ I RE7. WALL ' �3 1 H STORAGE GAS I L WOODS ! CYLINDER ROOM ING TRUCK WASHING AREA j s � I COVERED ! QI1�'�T� CONTAINER �3 ' ' STORAGE AREAiZ n ' SILENE GAS) 1 ! ( LOADING DOCK Y '" o U x j r � �� DISPOSAL LC��(�c� �{�,(�.�C, � fCRUMBLED I , �, PAVEMENT-7 r Nc UNLOADING OPEN TOP TRAILER i ERODINGTBE • AREA kUhSE mp OIL j PTY �YLIN©E x ! STAB LIZED TORAGE' p p �PA w x �a�e.+a.• r= K— —x-- —x WASTE DRUMS WOODS DATE I REVISIONS DRAINAGE AREA UU TFALL AREA (ACRES) PERVIOUS IMPERVIOUS TOTAL SW00l 0.1 0.98 1.08 YA_TE�.'Ai=--STORAGE INDEX �1 IARIOUS GASES tt GAS MIXTURES 1 IN METAL CYLINDERS 1,1,1,-TRICHLORGETHANE (50 GAL, DRUM) 02 25% SOUiUV, HYDROXIDE (2-20 GAL. DRUMS) 35% SULFURiC ACID (2-20 GAL. DRUMS) 1 WASTE OIL, WASTE MINERAL SPIRITS, AND WASTE 1,10-TRICHLOROETHANE LEGEND — Y---- k-....-. FENCE 350-- - --- ,-—K--x r 1 ELEVATION CONTOUR PROPERT`( LINE TREE LINE DRAINAGE FLOW DIRECTION r_mom w"wan 1 1 DRAINAGE AREA TO OUTFALL SWO01 ® SPILL RESPONSE KIT LOCATION REEERENCEL BASE MAP TAKEN FROM SITE & GRADING PLAN SHEET C-1 DATED MAY 17, 1995 BY BLAKELY DESIGN GROUP. NOTES: 1. COTOUR INTERVAL = 2 FEET 2, THIS MAP IS FOR STORMWATER PERMITTING PURPOSES ONLY. THIS MAP IS NOT A SURVEY. LOCATION OF OUTDOOR MATERIALS AND ACTIVITIES ARE APPROXIMATE. SCALE: 1"= 30' SITE DRAINAGE MAP NATIONAL WELDERS DURHAM, NORTH CAROLINA SCALE AS NOTED APPROVED BY DRAWN BY: D.A.O. DATE JANUARY 1995 DESIGNED BY REVISED PROJECT NUMBER DRAWING NO. MADE APPROVED � Y 1 59 —1 5 aonuary 22, t,�se s 62:, 7 FIGURE 2 a: o-A,sa�aso,.Dwo wo