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HomeMy WebLinkAboutNCG030292_COMPLETE FILE - HISTORICAL_20070831STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. Iv D 3 b �g DOC TYPE b� HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ o9 % � 6Q3, YYYYMMDD Compliance Inspection Report Permit: NCG030292 Effective: 09/01/02 Expiration: 08/31/07 Owner: Long Agribusiness LLC SOC: Effective: Expiration: Facility: Long Agribusiness LLC County: Edgecombe 111 Fairview St Region: Raleigh Tarboro NC 27886 Contact Person: Afton H Cobb Title: VP Phone: 252-823-4151 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): 24 hour contact name Bob Goltz On -site representative Bob Goltz Related Permits: Inspection Date: 05/26/2010 Entry Time: 10:45 AM Primary Inspector: Mitchell S Hayes Secondary Inspector(s): Certification: Phone: Exit Time: 11:45 PM Phone: 252-823-4151 ex1360 Phone: 252-823-4151 ex1360 Phone: 919-791-4200 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Metal Fabrication Stormwater Discharge COC Facility Status: ❑ Compliant ❑ Not Compliant Question Areas: ■ Storm Water (See attachment summary) Page: 1 Permit: NCG030292 Owner - Facility: Long Agribusiness LLC Inspection Date: 05/26/2010 Inspection Type. Compliance Evaluation Reason for Visit: Routine Inspection Summary: The Long Agribusiness facility in Tarboro, NC closed January 2008 and was bought at auction by AFS-NWA LLC, Rogers, Arkansas. The owner has listed the business with the NC Secretary of State as Montana Tractors LLC. The new owner was unaware of the NPDES Stormwater permit NCG030292. They have no record of the permit in their files. They will send in a name 1 ownership change form in June 2010. The person in charge at the Tarboro site is Bob Goltz, Vice President of Operations. PO Box 70, Tarboro, NC 27886. Phone 252.823.4151 ext. 360. Fax 252.823.4576, Cell 1.479.236.5894. email: bob.goltz@montanatractors.com General website: www.montanatractors.com Page: 2 Permit: NCGO30292 Owner - Facility: Long Agribusiness LLC Inspection Date: 05/26/2010 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? ❑ ■ ❑ ❑ # Does the Plan include a General location (USGS) map? ❑ ■ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ❑ ■ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ■ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ■ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ❑ ■ ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ ■ ❑ ❑ # Does the Plan include a BMP summary? ❑ ■ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ❑ ■ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ ■ ❑ ❑ # Does the facility provide and document Employee Training? ❑ ■ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ❑ ■ ❑ ❑ # Is the Plan reviewed and updated annually? ❑ ■ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ ■ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ ■ ❑ ❑ Comment: Montana Tractors bought Long Agribusiness at auction. Records of the Stormwater permit were not given to new owner. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ■ ❑ ❑ Comment: Montana Tractors bought Long Agribusiness at auction. Records of the Stormwater permit were not given to new owner. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ■ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ■ ❑ ❑ Comment: Montana Tractors bought Long Agribusiness at auction. Records of the Stormwater permit were not given to new owner. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ■ ❑ ❑ # Were all outfails observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ❑ ■ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ ■ ❑ ❑ Page: 3 .i 14 Permit: NCG030292 Owner - Facility: Long Agribusiness LLC Inspection Date: 05/2612010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Comment: Montana Tractors bought Long Agribusiness at auction. Records of the Stormwater permit were not given to new owner. Page: 4 O�O� W q rF9QG .. :� o -c Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 17 March 2006 Mr. Paul Elliott CERTIFIED MAIL Manufacturing Manager RETURN RECEIPT RE UESTED Long Agribusiness LLC 111 Fairview Street, Tarboro, NC 27886 Subject: Notice of Violation (NOV-2006-PC-0077) Resulting from Compliance Evaluation Inspection on 9 March 2006, on NPDES General Stormwater Certificate of Coverage (COC) NCG030292 Long Agribusiness LLC, Tarboro Edgecombe County Dear Mr. Elliott, Mr. Ronald Boone, of the North Carolina Division of Water Quality, Surface Water Protection Section, conducted a compliance evaluation inspection (CEI) for the permit referenced above at Long Agribusiness LLC's Tarboro, NC plant on 9 March 2006. Thank you for your assistance and cooperation in providing him a tour of the site, as well as an interview to review your stormwater management program. Your permit/COC was issued on 31 August 2002 by authority of North Carolina General Statute (NCGS) 143-215.1. This permit is intended to help prevent pollution of state waters that receive stormwater discharges from your facility. Compliance with this permit, as observed during Mr. Boone's inspection at your plant, is discussed below. Please use the permit references listed throughout this report for further explanation of each item cited. SITE SUMMARY • This plant is a metal products fabricating facility dealing primarily with the assembly of farm equipment and the fabrication of attachments for such equipment. • Stormwater generated at your site is collected via a system of in -ground drains. All stormwater is discharged via one of ten outfalls identified in your current Stormwater Pollution Prevention Plan (SP3). • Stormwater is discharged from your plant to either an unnamed tributary to Hendrick's Creek, a class C nutrient sensitive water (NSW), or to Tarboro's municipal separate storm sewer system (MS4), which ultimately discharges through the east Tarboro canal into the Tar River, also a class C NSW. Both receiving streams are located in the Tar -Pamlico river basin. One Nbr Caro ina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www,ncwatcruualily.ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal OpportunitylAKrmabve Action Employer — 50% Recycled110% Post Consumer Paper 'Long Agribusiness LLC, Compliance Evaluation Inspection, 9 March 2006, NCG030292 Page 2 of 3 INSPECTION FINDINGS • In general the site was clean and well maintained. • The number of outfalls identified on the general location map in your SP3 is inaccurate. The outfalls shown were correct as of the date of your SP3 (2002), but you have since made changes to the outfalls. Please change your SP3 and all related materials to reflect the correct number of outfalls, with each outfall's exact location, latitude/longitude, and receiving stream. Also, ensure that you show the conveyance between the outfall and the receiving stream, if applicable. Faifure to do so places you in violation of Part 11, Section A, Paragraph la. • The site map does not delineate drainage areas for each outfall and does not include a list, or a reference to a list, of potential stormwater pollutants on site. Also, please ensure the map is drawn to scale and that you keep it updated. It is currently out-of-date because you still show parcel 3 to be a part of your property, but you actually sold parcel 3 to another party some time ago (Part IT, Section A, Paragraph lc). • The list of significant spills you have had at your site in the previous three years is outdated (Part II, Section A, Paragraph ld). • Stormwater discharges have not been certified for the presence of non-stormwater discharges as required in Part II, Section A, Paragraph 1e. • You stated that the personnel responsible for your Spill Prevention and Response Plan (SPRP - Part II, Section A, Paragraph 3) are also responsible for your Contingency Plan and Spill Prevention, Control and Countermeasure (SPCC) plan required by the EPA. This is acceptable only if you ensure these programs meet the site -specific nature of your SPRP and that all SPRP required components that are kept in the other plans are properly referenced so personnel using your SPRP know where to go to find those required components. Please ensure each plan is updated accordingly, so in the end it provides you with the most effective means of responding to and cleaning up spills. • Your SP3 had a Preventative Maintenance and Good Housekeeping Plan but neither program had been implemented. Schedules of the required maintenance and housekeeping and forms showing that the maintenance and housekeeping had been accomplished were not available. Please ensure you update your SPYs maintenance and housekeeping programs and then implement the programs fully (Part U, Section A, Paragraph 4). • Your employee -training program had not been properly implemented. There were no training records or schedules available for inspection. Please implement this important program immediately according to the guidelines found in Part IT, Section A, Paragraph 5. • The person(s) responsible for the overall coordination, development, implementation, and revision of the SP3 were not identified in the SP3 as required in Part II, Section A, Paragraph 6. • Your SP3 has not been reviewed and updated on an annual basis as required in Part 11, Section A, Paragraph 7. • Semi-annual inspections of your facility, as required in Part 11, Section A, Paragraph 8, are not being accomplished. • Your SP3 has not been fully implemented as required in Part II, Section A, Paragraph 9. • Neither analytical monitoring nor qualitative monitoring results were available for inspection, suggesting that the required monitoring is not being accomplished as required in Part II, Section A and Section B. The above -mentioned conditions and/or practices demonstrate mismanagement of your stormwater program and/or a misunderstanding of the requirements of your permit. Please be aware that violations •Lpng Agribusiness LLC, Compliance Evaluation inspection, 9 March 2006, NCG030292 Page 3 of 3 of the conditions of your permit could result in the assessment of civil penalties in an amount of up to $25,000 per day per violation. Please reply within 30 days of your receipt of this letter with a narrative of your plan to achieve full compliance with your permit and your schedule for doing so. If you need assistance with understanding any aspect of your permit, please do not hesitate to contact Mr. Boone for assistance at 919-791-4259. Sincerely, 0. Myrl A. Nisely Acting Raleigh Regional Surface Water Quality Supervisor cc: Stormwater Permitting Unit Central Files Non -Point Source Compliance Enforcement Unit Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality August 23, 2002 ALTON H COBB JR. LONG AGRIBUSINESS LLC PO BOX 1139 TARBORO, NC 27886 Subject: NPDES Stormwater Permit Renewal LONG AGRIBUSINESS LLC COC Number NCG030292 Edgecombe County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG030000, the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983, The following information is included with your permit package: * A new Certificate of Coverage * A copy of General Stormwater Permit NCG030000 * A copy of the Analytical Monitoring Form (DMR) * A copy of a Technical Bulletin for the general permit Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Bill Mills of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 548 Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater & General Permits Unit Files Raleigh Regional Office NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service t- 800-623.7748 cz �U WAr�RO �Q � r ALTON H COBB JR. LONG AGRIBUSINESS LLC 1 1 1 FAIRVIEW ST TARBORO, NC 27886 Dear Permittee: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources GregoryJ. Thorpe. Ph.D, Acting Director Division of Water Quality December 27, 2001 Subject: NPDES Stormwater Permit Renewal LONG AGRIBUSINESS LLC COC Number NCG030292 Edgecombe County Your facility is currently covered for stormwater discharge under General Permit NCG030000. This permit expires on August 31, 2002. The Division staff is currently in the process of rewriting this permit and is scheduled to have the permit reissued by late summer of 2002. Once the permit is reissued, your facility would be eligible for continued coverage under the reissued permit. In order to assure your continued coverage under the general permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit coverage. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find a General Permit Coverage Renewal Application Form. The application must be completed and returned by March 4, 2002 in order to assure continued coverage under the general permit. Failure to request renewal within this time period 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. Please note that recent federal legislation has extended the "no exposure exclusion" to all operators of industrial facilities in any of the I I categories of "storm water discharges associated with industrial activity," (except construction activities). If you feel your facility can certify a condition of "no exposure", i.e. the facilty industrial materials and operations are not exposed to stormwater, you can apply for the no.exposure exclusion. For additional information contact the Central Office Stormwater Staff member listed below or check the Stormwater & General Permits Unit Web Site at http://h2o.enr.state.nc.us/su/stormwater.html If the subject stormwater discharge to waters of the state has been terminated, please complete the enclosed Rescission Request Form. Mailing instructions are listed on the bottom of the form. You will be notified when the rescission process has been completed. If you have any questions regarding the permit renewal procedures please contact Joe Albiston of the Raleigh Regional Office at 919-571-4700 or Bill Mills of the Central Office Stormwater Unit at (919) 733-5083, ext. 548 Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Raleigh Regional Office N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 M' NCDENR Customer Service 1-800-623-7748 State of North Carolina Department of Environment, Health anld Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director April 29, 1994 Mr. James H. Long Long Manufacturing NC, Inc. 111 Fairview Street Tarboro, NC 27886 Subject: General Permit No. NCG030000 Long Manufacturing N.C., Inc. COC NCG030292 Edgecombe County Dear Mr. Long: In accordance with your application for discharge permit received on March 21, 1994, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management. The Division of Environmental Management may require modification or revocation and reissuance of the certificate of coverage. .This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Bill Mills at telephone number 919/733- 5083. Sincerely, original Signed By Coleen H. Sullins A. Preston Howard, Jr., P. E. cc: R eigh Regionaj ofnce� P,4. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer :o Telephone 919-733-5083 FAX 9 33-2%4 50% recycled/ 10% post-consum aper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT STORMWATER DISCHARGES 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, Long Manufacturing N.C., Inc. is hereby authorized to discharge stormwater from a facility located at Long Manufacturing, N.C., Inc. I I I Fairview Street Tarboro Edgecombe County to receiving waters designated as Hendricks Creek in the Tar -Pamlico River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV of General Permit No. NCG030000 as attached. This certificate of coverage shall become effective April 29, 1994. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day April 29, 1994. 'J. ina1 S�" �d►�� coleen N• A. Preston Howard, Jr., P.E. Division of Environmental Management By Authority of the Environmental Management Commission �•..Bridge.�.. ` z .1 ,Boat-)" WT Ramp. :0 11 :- _ ..a:�s .-_ -�-• .� >a,r, _$� �/I,:elri,�i I�i:•l�th- ti � f ~.. .- � Grace Oit 22.0. • 7p � `�� ��\T0.rhnfOGE[I(�efOrT�F. ,� r. 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LHptltt •� �l% 41\ to rVglf S 1 'r-%1'.:: t } Course ' � !. 4r � i ". � ��• I703)� � _ / ) i I mo" `` F pr�9 NI `y�Cein \j \\Brr`Irin\g trorn oA - P,/mp ng , n o �- C 50G$t0tr •Town ' f Y -%'. � r '`AH - U_NE _ 3� ��Y `J /I / I iv ctµ}s - kalL .-• ' 30 /- L.-�• �r�? -�, �:,`S1k%'S } .. ..-_�� err '�t61' -r' m1: `__ s +rawa�-sr�l BM'' '{'26 9 , } 1 / Yr Ir 41 d, \ 1 i B� . 1t /IIN State of North Cara Department of Environment and Natural Resources A[ • Division of Water Quality rAA . James B. Hunt, Jr., Governor Wayne McDevitt, Secretary NCDENR A. Preston Howard, Jr., P.E., Director January 4, 1999 Mr. Alton H. Cobb, Jr. Long Agribusiness, LLC I I I Fairview Street Tarboro, North Carolina 27886 Subject: Permit Modification -Name Change Long Agribusiness, LLC Permit No. NCG030292 (formerly Long Mfg. N.C., Inc.) Edgecombe County Dear Mr. Cobb: In accordance with your request received December 3, 1998, the Division is forwarding the subject permit. The changes in this permit are only with regard to the name of the facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Ms. Vanessa Wiggins at telephone number (919) 733-5083, extension 520. Sincerely, ORIGINAL S1GNSD BY WILLIAM C. MILLS A. Preston Howard, Jr., P.E. cc: Central Files Raleigh Regional Office, Water Quality Section Stormwater and General Permits Unit Point Source Compliance Unit 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 i ` I -- 9 1 0 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG030000 cERTTFTCXTE-OT-CDTEIUME-No-.-NM30292 STORMWATER DISCHARGES 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, Long Agribusiness, LLC is hereby authorized to discharge stormwater from a facility located at Lon gg Agribness, LLC 111 Fausiirview Street Tarboro, North Carolina Edgecombe County to receiving waters designated as Hendricks Creek in the Tar Pamlico River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1,1I, III and IV of General Permit No. NCG030000 as attached. This Certificate of Coverage shall become effective January 4, 1999. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day January 4, 1999. ORIGINAL SIGNED BY WILLIAM G. MILLS A. Preston Howard, Jr., ., Director Division of Water Quality By Authority of the Environmental Management Commission DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY FACT SHEET GENERAL PERMIT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT TO DISCHARGE STORMWATER Permit No. NCG030000 Date: April 28, 1997 l . TYPES OF DISCHARGES COVERED a. Industrial Activities Covered by this General Permit Coverage under this general permit is applicable to all owners or operators of stormwater point source discharges associated with activities classified as establishments primarily engaged in the rolling, drawing, and extruding of nonferrous metals [standard industrial classification (SIC) 335], fabricating of metal products (SIC 34), manufacturing of industrial and commercial machinery (SIC 35), manufacturing of electronic equipment (SIC 36), manufacturing of transportation equipment (SIC 37), and the manufacturing of measuring and analyzing instruments (SIC 38). This permit does not cover the building and repairing of ships (SIC 373), which is covered by the general stormwater permit NCG 190000 instead. Facilities with the SIC codes of 34 (except 3441), 35, 36, 37, and 38 are exempted from the requirements to obtain a stormwater permit if they do not have areas where material handling equipment or activities, raw material, intermediate products, final products, waste materials, by-products, or industrial machinery exposed to stormwater. Exposure includes the following activities; i) Dumpsters containing trash associated with the manufacturing process that are exposed to rainfall and subsequent runoff. Compaction dumpsters that are loaded from inside a building with the dumpster itself fully enclosed are not considered exposure. ii) Wood pallets that have been used to store or transfer materials associated with the industrial manufacturing operations which are stored outside are considered materials exposed. The same interpretation applies to any type of racking system that is used to store materials associated with the industrial activity. iii) Bulk storage of liquid products that has no secondary containment or that has secondary containment with a direct, uncontrolled connection to the stormwater conveyance system. iv) Drums, full or empty, that are stored outside, such that stormwater can wash through the storage area without control and discharge to the stormwater conveyance system. b. Types of Operations Covered This permit covers any stormwater discharges that leave any of the industrial activities described above. The practice of most concern at these types of activities is the storage of raw and waste materials outside where they may come into contact with stormwater runoff, thereby contaminating it. Another concern is any storage tanks or drums of solvents or paints used to treat various metal products that could spill into the stormwater system if they were to leak. Page I of 10 c. Characteristics of Discharged Stormwater Data submitted to the U.S. Environmental Protection Agency (EPA) during the group stormwater permit application process included quantitative analyses of grab samples for various pollutants in stormwater runoff from metal fabrication facilities throughout the country was examined. Data received from the analytical monitoring conducted for the existing NCG030000 general stormwater permit was also reviewed. Analyses of these data indicated that pollutant parameters of particular concern in this industry are Lead, pH, Total Suspended Solids, and various toxic organics that are used at some facilities. A narrative explanation of the data analysis is provided in the Appendix. d. Geographic Area(s) Covered by this General Permit Discharges covered by this General Permit are located at any place within the political boundary of the State of North Carolina. Discharges located on the Cherokee Indian Tribal Reservation are subject to permitting by the US Environmental Protection Agency and are not covered by this General Permit. e. Receiving Waters Receiving waters include all surface waters of North Carolina or municipal separate storm sewer systems conveying stormwater to surface waters: 2 . PROPOSED DISCHARGE CONTROLS AND LIMTTATIONS The draft permit provides for the use of cut-off concentrations in order to minimize the required analytical monitoring for facilities which are not significant contributors to stormwater pollution. These cut-off concentrations are not intended to be effluent limits, but provide guidelines for determining which facilities may be major contributors to stormwater pollution and need further monitoring. The arithmetic mean of all monitoring data collected during the term of the permit must be calculated for each parameter and compared to the cut-off concentration. If the mean is less than the permitted cut-off concentration, then the facility may discontinue analytical monitoring for that parameter at that outfall until the final year of the permit. This approach prohibits facilities from using the cut-off concentrations as target concentrations. Stormwater must further be controlled by the development and implementation of a Stormwater Pollution Prevention Plan (Plan). The following are specific requirements of the Plan: 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 the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. Page 2 of 10 (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 5. 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. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulls storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and,spills from contaminating stormwater runoff. If the secondary containment devices am connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the,individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. Page 3 of 10 (d) Inspection Schedule. Schedules for inspection of stormwater conveyances, controls, and measures to be taken to limit or'prevent erosion associated with the stormwater systems. 3. Spill Prevention and Response PIan. 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 team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all tunes during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by -reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all Versonnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 8. Facility Inspections Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. Page 4 of 10 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and -of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on - site for a period of five years and made available to the Director or his authorized representative immediately upon request. 3. MONITORING AND REPORTING REQUIREMENTS The draft permit specifies monitoring and reporting requirements for both quantitative and qualitative assessment of the stormwater discharge and operational inspections of the entire facility. Specific pollutant parameters for which sampling must be performed and the frequency of the sampling are based upon the types of materials used and produced in the manufacturing processes and the potential for contamination of the stormwater runoff at these facilities. The draft permit proposes specific monitoring requirements for the following parameters: Lead, pH, Total Suspended Solids, and various tonic organics that are used at some facilities, Total Rainfall, Event Duration, and Total Flow. The rationale for selecting these parameters is discussed in the Appendix. In addition to analytical monitoring, the draft permit specifies qualitative (visual) monitoring of each stormwater outfall for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan and assessing new sources of stormwater pollution. Qualitative monitoring parameters include color, odor, clarity, floating and suspended solids, foam, oil sheen, and other obvious indicators of stormwater pollution. Additional monitoring and reporting requirements include: a. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. Implementation of the plan shall include documentation of all sampling, measurements, inspections and maintenance activities and training provided to employees. Such documentation shall be kept on -site for a period of five years and made available to DWQ immediately upon request. If DWQ determines that a Plan does not meet requirements of the permit, the permittee must give DWQ a time schedule for modifying the Plan and certify that the Plan has been so modified. b . Self -inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule. The inspections and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control system, plant equipment and systems. Records of these inspections shall be incorporated into the Plan. c. A log of the sampling results and activities taken to implement BMPs associated with the vehicle maintenance activities shall be maintained and incorporated into the Plan. d. Sample collection and qualitative monitoring shall be performed at all stormwater discharge outfall locations. A facility with multiple discharge locations which are substantially identical may petition DWQ to allow sampling of a reduced number of outfalls. Visual observations shall be,recorded for all outfall locations. e. For purposes of stormwater sampling, all samples shall be collected from a discharge resulting from a representative. storm event. If the stormwater runoff is controlled by a detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten Page 5 of 10 year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. If the detention pond detains the runoff generated by a one inch rainfall for 24 hours, collect a grab sample of the discharge from the pond within the first 30 miriutes of the discharge. ii If the detention pond discharges only, in response to a ten-year design storm, visual observation is required but analytical sampling shall not be. required. iii. If the detention pond discharges only in response to a storm event exceeding a 25-year, 24-hour storm, the pond is considered to be a non -discharging stormwater control system and not subject to NPDES permitting unless the discharge causes a violation of water quality standards. 4. EFFECTIVE DATE OF PROPOSED COMPLIANCE SCHEDULE Permittees covered by this General Permit shall comply with Final Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial certificate of coverage issued pursuant to this general permit and updated thereafter on an annual basis. Secondary containment, as specified in Pan II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial certificate of coverage. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 5. PROPOSED SPECIAL CONDITIONS If a facility that is required to perform the Total Toxic Organics MO) monitoring develops a solvent management plan and make the certification detailed in the permit they will not be required to perform the TTO monitoring. 6. BASIS FOR PROPOSED CONTROLS AND L511TATIONS The conditions of this draft general permit have been designed using best professional judgment to achieve water quality protection through compliance with the technology -based standards of the Clean Water Act (Best Available Technology [BAT] and Best Conventional Pollutant Control Technology [BCT]). Where the Director determines that a water quality violation is occurring and water quality -based controls or effluent limitations are required to protect the receiving waters, coverage under the general permit shall be terminated and an individual permit will be required. Based on a consideration of the appropriate factors for BAT and BCT requirements, and a consideratioq of the factors discussed below in this fact sheet for controlling pollutants in stormwater discharges associated with the activities as described in Item 1 (Types of Discharge Covered), the draft permit proposes a set of requirements for developing and implementing stormwater pollution prevention plans, and proposes specific requirements for monitoring and reporting on stormwater discharges. Page 6 of 10 The draft permit conditions reflect the Environmental Protection Agency and the North Carolina pollution prevention approach to stormwater permitting. The quality of the stormwater discharge associated with an industrial activity will depend on the availability of pollutant sources. This draft general permit proposes that implementation of Best Management Practices (BMPs) and traditional stormwater management practices which control the source of pollutants meets the definition of BAT and BCT. The draft permit conditions are not numeric effluent limitations, but rather are designed to be flexible requirements for developing and implementing site specific plans to minimize and control pollutants in the stormwater discharges associated with the industrial activity. Title 40 Code of Federal Regulations (CFR) Part 122.44(k)(2) authorizes the use of BMPs in lieu of numeric effluent limitations in NPDES permits when the agency finds numeric effluent limitations to be infeasible. The agency may also impose BMP requirements which are "reasonably necessary" to carry out the purposes of the Act under the authority of 40 CFR 122.44(k)(3). The conditions of the draft permit are proposed under the authority of both of these regulatory provisions. The pollution prevention requirements (BMP requirements) in this permit operate as limitations on effluent discharges that reflect the application of BAT/BCT. This is because the BMPs identified require the use of source control technologies which, in the context of this general permit, are the best available of the technologies economically achievable (or the equivalent BCT finding). All facilities covered by this stormwater general permit must prepare, retain, implement, and (at a minimum of annually) update a stormwater pollution prevention plan. The term "pollution prevention" distinguishes this source reduction approach from traditional pollution control measures that typically rely on end -of -pipe treatment to remove pollutants in the discharges. The plan requirements are based primarily on traditional stormwater management, pollution prevention and BMP concepts, providing a flexible basis for developing site -specific measures to minimize and control the amounts of pollutants that would otherwise contaminate the stormwater runoff. The pollution prevention approach adopted in the stormwater pollution prevention plans in the draft permit focuses on two major objectives: 1) to identify sources of pollution potentially affecting the quality of stormwater discharges associated with industrial activity from the facility; and 2) to describe and ensure that practices are implemented to minimize and control pollutants in stormwater discharges associated with industrial activity from the facility and to ensure compliance with the terms and conditions of this permit. The Division believes that it is not appropriate, at this time, to require a single set of effluent limitations or a single design or operational standard for all facilities which discharge stormwater associated with industrial activity. Rather, this permit establishes a framework for the development and implementation of site -specific stormwater pollution prevention plans. This framework provides the necessary flexibility to address the variable risk for pollutants in stormwater discharges associated with the industrial activities that are addressed by this permit, while ensuring procedures to prevent stormwater pollution at a given facility are appropriate given the processes employed, engineering aspects, functions, costs of controls, location, and age of facility (as discussed in 40 CFR 125.3). This approach allows flexibility to establish controls which can appropriately address different sources of pollutants at different facilities. In 1979, EPA completed a technical survey of industry best management practices (BMPs) which was based on a review of practices used by industry to control the non -routine discharge of pollutants from non -continuous sources including runoff, drainage from raw material storage areas, spills, leaks, and sludge or waste disposal. This review included analysis and assessment of published articles and reports, technical bulletins, and discussions with industry representatives through telephone contacts, written questionnaires and site visits. Page 7 of 10 The technical survey identified two classes of pollution control measures. The first class of controls are those management practices which are generally considered to be essential to the development of an effective and efficient BMP program, low in cost, and applicable to broad categories of industries and substances. These controls include the following: developing a Spill Control Committee and implementing spill reporting, material inventorying and compatibility reviews, employee training, visual inspections, preventative maintenance programs, good housekeeping, and addressing security issues. These practices are broadly applicable to all industries and can be implemented by each facility independent of the category of industry, ancillary sources, specific chemicals used at different sites, and/or plant site locations. The survey concluded that these controls should be minimum requirements for any effective BMP program. The second class of controls are management practices which provide for a second line of defense against the release of pollutants. These controls include prevention measures, containment measures, mitigation and cleanup measures and treatment methods. The types of chemicals, industrial operations and various ancillary sources specify the controls applicable to an individual facility. The EPA and NPDES States have, on a case -by -case basis, imposed BMP requirements in NPDES permits. The EPA has also continued to review and evaluate case studies involving the use of BMPs and the use of pollution prevention measures associated with spill prevention and containment measures for oil. The development of the NPDES permit application requirements for stormwater discharges associated with industrial activity resulted from the evaluation and identification of the potential contaminants and the resultant water quality impacts of stormwater discharges from industrial sites. Public comments received during the rule making provided additional insight regarding stormwater risk assessment, as well as appropriate pollution prevention and control measures and strategies. During that time EPA again reviewed stormwater control practices and measures. These experiences have shown the Division that pollution prevention measures such as BMPs can be appropriately used and that permits containing BMP' requirements can effectively reduce pollutant discharges in a cost-effective manner. BMP requirements are being appropriately imposed in general permits in lieu of numeric effluent limitations pursuant to 40 CFR 122.44(k)(2). -7. REQUESTED VARIANCES OR ALTERNATIVES TO REQUIRED STANDARDS There are no requested variances or alternatives to required standards. 8. THE ADM NISTR.ATIVE RECORD The administrative record, including application, draft permit, fact sheet, public notice, continents received, and additional information is available by writing to: N C. Division of Water Quality Water Quality Section Stormwater Group P.O. Box 29535 Raleigh, North Carolina 27626-0535 The above documents are available for review and copying at: Archdale Building 9th Floor Water Quality Section Stormwater Group 512 N. Salisbury Street Page 8 of 10 Raleigh, North Carolina between the hours of 8:00 AM and 5:00 PM Monday through Friday. Copies will be provided at a charge of 10 cents per page. 9. STATE CONTACT Additional information concerning the permit application may be obtained at the above address between the hours of 8:00 AM and 5:00 PM Monday through Friday by contacting: Ms. Aisha Lau at 919n33-5083, extension 578. 10. PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to Public Notice - 6/97 Permit Scheduled to Issue - 8/97 11. PROCEDURE FOR THE FORMULATION OF FINAL DETERMINATIONS a. Comment Period The Division of Environmental Management proposes to issue an NPDES General Permit for the above described stormwater discharges subject to the outlined effluent limitations, management practices, and special conditions. These determinations are tentative and are open to comment from the public. Interested persons are invited to submit written comments on the permit application or on the Division of Environmental Management's proposed determinations to the following address: N. C. Division of Water Quality Water Quality Section Stormwater Group P.O. Box 29535 Raleigh, North Carolina 27626-0535 Attn: Ms. Aisha Lau All comments received within thirty days following the date of public notice will be considered in the formulation of finaldeterminations with regard to this application. b. Public Meeting The Director of the Division of Water Quality may hold a public meeting if there is a significant degree of public interest in a proposed permit or group of permits. Public notice of such a meeting will be circulated in newspapers in the geographical area of the discharge and to those on the Division of Water Quality mailing list at least thirty days prior to the meeting. c. Appeal Hearing An applicant whose permit is denied, or is granted subject to conditions he deems unacceptable, shall have the right to a hearing before the Commission upon making written demand to the Office of Administrative Hearing within 30 days following issuance or denial of the permit. Page 9 of 10 d . issuance of a Permit When no Hearing is Held If no public meeting or appeal hearing is held, after review of the comments received, and if the Division of Water Quality determinations are substantially unchanged, the permit will be issued and become effective immediately. This will be the final action of the Division of Water Quality. If a public meeting or appeal hearing is not held, but there have been substantial changes, public notice of the Division of Water Quality revised determinations will be made. Following a 30-day comment period, the permit will be issued and will become effective immediately. This will be the final action of the Division of Water Quality unless a public meeting or appeal hearing is granted. Page 10 of 10 Rationale for NCG030Ws Monitoring Requirements When the NCG030000 general stormwater permit was initially developed and issued back on September 1,1992 there was no stormwater monitoring data to use for permit development. Therefore, the permit writers used the only data available at the time to monitor from, EPA's Effluent Guidelines for the process wastewater at these operations. The parameters that were required to be monitored in the original draft came directly from the parameters listed for these types of facilities in their effluent guidelines. Soon after the Federal stormwater permitting program began the EPA gave groups of industries the option of filing group stormwater applications. These applications were required to contain extensive stormwater monitoring data. The EPA used this data to help them develop the multi -sector permit. It is a compilation of this data from various metal fabrication industries through the country in the following EPA Group Data Monitoring Data Sununary. This data in combination with the data that the North Carolina DWQ collected over the years from the monitoring reports received from the facilities that have been permitted was examined to determine exactly which parameters were of concern coming from the stormwater discharging from metal fabrication facilities. As can be seen from the data, TSS and Lead appeared in the monitoring data at concentrations that exceeded the benchmark concentrations, and will therefore continue to be monitored for in the renewed NCG030000 stormwater general permit. pH will also continue to be monitored for because it is an easily performed analysis whose results may indicate the presence of other pollutants in the stormwater discharge. Total Toxic Organics (TTO) will also continue to be monitored because there was not enough data collected to make a determination. Permittees will continue to be given the option not to monitor for TTO's if they implement a solvent management plan. The Division would prefer that permittees follow a solvent management plan because a properly followed plan reduces the potential of these solvents getting into stormwater. Ip 03 State Comparison Following is a comparison of what parameters were required to be monitored for in the initial NCG030000 general stormwater permit, Alabama's general stormwater permit, the revised NCG030000 general stormwater 26rmit, and EPA's multi -sector pe It. Mississippi's stormwater permit was also examined, and they had no monitoring requirements. Alabama's list of parametersto monitor for is much more extensive because the also Include stormwater from rime metal facilities in their general stormwater permit. The EPA's cutoff concentrations also differ slightly from our benchamarks, which accounts for these differences. The rationale for the difference between the initial NCG030000 permit and the renewed permit is discussed in the previous section. Initial NCG03 Renewed NCG03 Alabama Multi -Sector H PH pH Nitrate + Nitrite TSS T5S Aluminum Iron, TR Arsenic, Total Lead, Total Arsenic Aluminum, TR Cadmium Total Oil and Grease Barium Zinc, TR Cyanide, Total TTO Cadmium Lead, Total Chromium . TTO Copper Fluoride Cyanide Copper, Total Fluoride Iron, Total Lead Nickel, Total Mercury Silver, Total Nickel Zinc Total Nitro en TOC Silver TSS TTO Zinc Oil and Grease TR = Total Recoverable Page 1 Stormwater Permit Monitoring Data Summary General Permit NCG030000 EPA Group Data �[? Cadmium - g 0.0152 a�xtm�ma, 0.1 ,,, MFnlmut■m� Ms J` "'N'1edt Mpg O.R.R, 0.02 0.01 "l at;npw Zia 44 .Na �i,b A� + 1 2 0.00045 Cadmium - c 0.0152 0.1 0.0003 0.02 0.01 44 1 0 Co er -g. NIA 13.9 0.007 0.51 0.03 67 NIA Copper - c NIA 13 0.006 0.28 0.024 64 NIA Cyanide -g 0.022 0.1 0.005 0.02 0.02 37 4 Cyanide - c 0.022 0.1 0.01 0.021 0.02 1 9 3 Flouride - 1800 1.03 0.01 0.27 0.15 1 6 0 Flouride - c 1800 1.98 0.1 0.35 0.19 1 5 0 Iron - NIA 2.6 0.02. 1.27 1.315 8 NIA Iron - c NIA 2.9 0.02 0.56 0.245 8 NIA Nickel - 0.789 2.4 0.01 0.15 0.04 48 2 Nickel - c 0.789 1.9 0.001 0.09 0.04 46 1 pH - g 6- 9 su 9.12 3.26 297 42 li-c 6-9 au 11 4.11 197 27 Lead - g 0.033 2.82 0.005 0.22 0.05 $ 8 40 Lead - c 0.033 1.36 0.003 0.14 0.05 57 42 Oil and Grease - 30 223 0.1 8.16 4 307 1 1 Oil and Grease - c 30 1 9 1 4.33 1.7 7 0 Silver - g 0.012 0.1 0.001 0.01 0.01 30 1 0 Silver - c 0.012 0.1 0.001 0.01 0.01 30 1 1 Zinc -g NIA 9.88 0.005 0.81 0.204 1 76 NIA Zinc - c NIA 10.2 0.005 0.58 0.16 76 NIA TSS - 100 6453 0.2 159.96 35 307 0TSS - c 100 3600 0.2 103.92 21 292 ±602:� 1 g = grab sample data and c = composite sample data Stormwater Permit Monitoring Data Summary General Permit NCG030000 DMR. Data from North Carolina Permittees Cadmium 0.125 0.036 0 0.0253 0.001 236 12 Co or NIA Soso 0 83.26 10 267 NIA Cyanide 0.22 0.18 2 x 10-5 1.89 1 45 0 Flouride 1800 2.3 0.0125 0.24 0.1 109 0 Iron NIA 5474 0.0017 48.05 0.924 321 MIA Nickel 0.789 0.209 0 0.0121 0.005 246 0 H 8- 9 su 9.84 0.16 335 67 Lead 0.033 5.9 0 0.062 0.007 257 32 Oil and Grease 30 1 9 0 0.05 6.57 2.5 295 1 0 Silver 0.012 0.477 0 0.008 0.003 237 1 4 Zinc NIA 0.768 50x 10'111 0.768 0.081 315 NIA TSS 100 1 000 0.048 48.99 16 323 39 Permit No. NCG030000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DMSION OF WATER QUALITY GENERAL PERMIT NO. NCGO30000 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, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater to the surface waters of North Carolina or separate storm sewer systems conveying stormwater to surface waters in accordance with the terms and conditions set forth herein. Coverage under this general permit is applicable to all owners or operators of stormwater point source discharges associated with activities classified as establishments primarily engaged in the rolling, drawing, and extruding of nonferrous metals [standard industrial classification (SIC) 335], fabricating of metal products (SIC 34), manufacturing of industrial and commercial machinery (SIC 35), manufacturing of electronic equipment (SIC 36), manufacturing of transportation equipment (SIC 37), and the manufacturing of measuring and analyzing instruments (SIC 38). The following activities are specifically excluded from coverage under this General Permit: Ship and boat building and repairing (SIC 373), which is covered by general stormwater permit NCG 190000. The General Permit shall become effective on September 1, 1997. The General Permit shall expire at midnight on August 31, 2002. Signed this day August 22, 1997. A. Preston Howard, Jr., P.L. Dir ctor Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCG030000 TABLE OF CONTENTS PART I INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities Section C: Permit Renewal PART H 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 Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS 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 far Falsification of Reports Section B: General Conditions 1. Continuation of the Expired General Permit . 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested 5. Signatory Requirements Permit No. NCG030000 6. General Permit Modification, Revocation and Reissuance, or ' Termination 7. - Certificate of Coverage Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or -Reduce not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Non-Stormwater Discharges 6. Representative Outfall 7. Records Retention 8. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIIVIITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCG030000 PART I INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to be covered by this General Permit must register with the Division of Water Quality by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity that has a point source discharge to the surface waters of the state. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to commencement of discharge. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been revoked. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided. During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. SECTION C: PERMIT RENEWAL Dischargers covered by general permits need not submit new Notices of Intent or renewal requests unless so directed by the Division. If the Division chooses not to renew a general permit, all facilities covered under that general permit shall be notified to submit applications for individual permits or notified to take other appropriate actions at the discretion of the Director. Part I Page I of 1 Permit No. NCG030000 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 general 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 the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 5. 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 Part II Page 1 of 7 Permit No. NCG030000 prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BAP Summary. -A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stor nwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (d) Inspection Schedule. Schedules for inspection of stormwater conveyances, controls, and measures to be taken to limit or prevent erosion associated with the stormwater systems. 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 team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall.be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. Part II Page 2 of 7 Permit No. NCG030000 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 8. Facility Inspections.. Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) malting the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part U of this permit shall be performed in addition to facility inspections. 9. Implementation. Implementation of the plan shall include documentation of all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each individual outfall. The computed arithmetic mean is then compared to the cut-off concentrations listed below in Table 2. If the arithmetic mean is less than the specified cut-off concentration for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter (at that outfall) during the remaining term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to,maintain facility operations that ensure the continuation of stormwater runoff quality. f cut-off c nt ion condition5, Analytical results from sampling during the final year of the permit Part II Page 3 of 7 Permit No. NCG030000 term must be submitted with the permit renewal application. All analytical monitoring shall be performed during a representative storm event. Table 1. Analytical Monitoring Requirements Esc argeWft&bPW f�ahar�tcttsrrstics UnitsFre aeasurement uenc_,�� amp e +�i�c$ti[n3y rnp,e Lead, Total m annuaUX Grab SDO H standard annually Grab SDO Oil and Grease m2A annually Grab SDO Total Suspended Solids mgA annually Grab SDO Total Toxic OrganicO (TTO) M first and last year6 Grab SDO Total Rainfall4 inches annuall - - Event Duration4 minutes annually- - Total Flow4 MG annually - SDO Footnotes: 1 Measurement Frequency: Once per year during a representative storm event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. 2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total Toxic Organics sampling is applicable only for those facilities which perform metal finishing operations, manufacture semiconductors, manufacture electronic crystals, or manufacture cathode ray tubes. For purposes of this permit the definition of Total Toxic Organics is that definition contained in the EPA Effluent Guidelines for the facility subject to the requirement to sample (for metal finishing use the definition as found in 40 CFR 433.11; for semiconductor mai[ufacture use the definition as found in 40 CFR 469.12; for electronic crystal manufacture use the definition as found in 40 CFR 469.22; and for cathode ray tube manufacture use the definition found in 40 CFR 469.31). Facilities that develop a solvent management plan to be 'incorporated into the Stormwater Pollution Prevention Plan may make a request to DWQ that monitoring of total toxic organics be waived. The solvent management plan shall include a list of the total toxic organic compounds used; the method of -disposal used instead of dumping, such as reclamation, contract hauling, or incineration; and the procedures for assuring that toxic organics do not routinely spill or leak into the stormwater. ' For those facilities allowed such a waiver, the discharger shall include the following signed certification statement on the discharge monitoring report: "Based upon my inquiry of the person or persons directly responsible for managing compliance with the permit monitoring requirement for total toxic organics (ITO), I certify that to the best of my knowledge and belief, no Part II Page 4 of 7 Permit No. NCG030000 dumping of concentrated toxic organics into the stormwater or areas which are exposed to rainfall or stormwater runoff has occurred since filing the last discharge monitoring report. I further certify that this facility is implementing the solvent management plan included in the Stormwater Pollution Prevention Plan." 6 TTO monitoring must only be performed during the first year that the permit is obtained and the last year before the permit is renewed. Table I Cut-off Concentrations for Anal tical monitoringRe uirements c ar...e .. airacteir st es. w. - BON Lead, Total 0.033 m Oil and Grease 30 m H1 within range 6.0 - 9.0 Total Suspended Solids 100 m Footnotes: 1 pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 3. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. 1t nualitat u monitg-dng, event duringthe to „ of_thg j&uWt must coin�tde with the initial analy�cal monitoring event (regardless of the season). All other qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 3. Qualitative Monitoring Requirements Ach isarg5 MarseteriSt ° requency M; M onitor ug; tocation1 t ' Color Semi -Annual SDO Odor Semi -Annual SDO Clari Semi -Annual SDO Floating Solids Semi -Annual SDO Susvended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO er obvious Elicitors of stormwater pollution Semi -Annual SDO Footnotes: 1 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfalI (SDO) regardless of representative outfalI status. Part 11 Page 5 of 7 Permit No. NCG030000 SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from the vehicle maintenance areas. For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit shall be calculated for each individual outfall. The computed arithmetic mean is then compared to the cut-off concentrations listed below in Table 5. If the arithmetic mean is less than the specified cut-off concentration for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter (at that outfall) during'the remaining term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. during a representative storm event. during the final year of the permit iical monitoring shall be performed Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance jscharge haracttr>r st e S i , ..... Measurement { equen cy ample Z` ex s, a ample' �Lochtion H standard annually Grab SDO Oil and Grease mZ4 annually Grab SDO New Motor Oil Usagegallons/month annually_Estimate SDO Total Flow3 MG annually Grab SDO Total Suspended Solids I m annually I Grab SDO Foosnotr�: 1 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If -the detention pond discharges only in response to a storm event exceeding a ten )year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 2 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 3 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to -the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Part II Page 6 of 7 Permit No. NCG030000 Table S. Cut-off Concentrations for On -Site Vehicle Maintenance Activities ` ischar a Yharacter st�cs s , .. iM 'vCut-aff�t,-oocentration g.. '� .R NN PHI within ran a 6.0 - 9.0 Oil and Grease 30 m ' Total Suspended Solids 100 m i Footnotes: I pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. Part 11 Page 7 of 7 Permit No. NCG030000 PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial certificate of coverage issued pursuant to this general permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial certificate of coverage. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; .for certificate of coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b . The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any 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 $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: North Carolina General Statutes 143-215.6A] Part III Page I of 9 Pages Permit No. NCG030000 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 $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. • u 1 X .: The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. Except as provided in Section C of this permit regarding bypassing of stormwater control facilities, nothing in this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. 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, revolting and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. Part III Page 2 of 9 Pages Permit No. NCG030000 MENEFO-MV MMM The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation,,or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS An expired general permit continues in force and effect until the general permit is reissued or a new general permit is issued. Those facilities authorized to discharge under the expiring general permit are covered until the general permit is reissued or a new general permit is issued. r•_s The certificate of coverage issued pursuant to this general permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or coverage under an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the dischargesuch that the discharge no longer qualifies for a general permit; c. The discharge violates the terms or conditions of this general permit; d . A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; Part III Page 3 of 9 Pages Permit No. NCG030000 e. Effluent limitations are promulgated for the point sources covered by this general permit; f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. g. The Director determines at his own discretion that an individual permit is required. Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual pen -nit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. All applications, reports, or information submitted to the Director shall be signed and certified. a: All notices of intent to be covered under this general permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions or the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the general permit and other information requested -by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and Part III Page 4 of 9 Pages Permit No. NCG030000 (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and.123; Title 15A of the North Carolina Administrative Code, Subchapter 2H A100; and North Carolina General Statute 143-215.1 et. al. After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition. The certificate of coverage shall expire when the general permit is terminated. The certificate of coverage issued in accordance with this general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition. SECTION C: OPERATION AND MAINTENANCE 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 general 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 the general permit. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. Part .III Page 5 of 9 Pages Permit No. NCG030000 Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under 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 Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this general permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; c. The date(s) analyses were performed; d . The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Part III Page 6 of 9 Pages Permit No. NCG030000 3. 4. 5. 21 8. 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 for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this general permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If a monitored storm event 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. 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. Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this general permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law,.to; Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where 'records must be kept under the conditions of this general permit; Part III Page 7 of 9 Pages Permit No. NCG030000 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. Sample or monitor at reasonable times, for the purposes of assuring general pen -nit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Samples analyzed in accordance with the terms of this' permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. Documentation of the qualitative monitoring associated with the initial analytical monitoring event shall be included with the required analytical monitoring submittal for the first year of the permit coverage. Analytical results from sampling during the final year of the permit coverage shall be submitted with the permit renewal application. Duplicate signed copies of all reports required herein, shall be submitted to the following address-. Division of -Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. .�, •Mn . P i�i•� If the storm event monitored in accordance with this general permit coincides with a non- stormwater discharge, the permittee shalt separately monitor all parameters as required Part III Page 8 of 9 Pages Permit No. NCG030000 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 general permit or subject to notification requirements under 40 CFR Part 122.42 (a). M :_M1 1 ,O1 f !.� MIM 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 general permit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. The penT ittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this general permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 9 of 9 Pages Permit No. NCO030000 PART IV LIMITATIONS REOPENER This general 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 general permit; or b . Controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V . ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. PART VI DEFINITIONS See Clean Water Act. i _I Ili 1 1/ ".e_I The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. M. ma-01M 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 fine -fighting or fire -fighting training. Parts IV, V and VI Page 1 of 5 0 Permit No. NCG030000 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. 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. NMI 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. r.- The Certificate of Coverage (COC) is the cover sheet which accompanies the general 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. The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. ' 0 0 1 � J 71 O o • The Division of Water Quality, Department of Environment, Health and Natural Resources. The Director of the Division of Water Quality, the permit issuing authority. 11. EM The North Carolina Environmental Management Commission. 12. Grab Same An individual samples collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. R�MFMIIMM Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Part VI Page 2 of 5 Pages Permit No. NCG030000 14. j,audfill 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. A stormwater collection system within an incorporated area of local self-government such as a city or town. The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a general permit. Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. 18. goW= The owner or operator issued a certificate of coverage pursuant to this general permit. 19. 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. A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of 'no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 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. The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. Part VI Page 3 of 5 Pages Permit No. NCG030000 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. A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b . Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table 11(organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute'or chronic water quality, criteria. 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. 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 10 l (l 4) 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. r 27. Sigi)ificant-Spj,lls 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). The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part VI Page 4 of 5 Pages Permit No. NCG030000 91100wre o. : a 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. 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. 0.7 T MI W M 41 The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 32. ..Total Flom The flow corresponding to the time period over which the sample collection occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. • • t 4 'I IL Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 37. 25-year. 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages