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NCG100155_COMPLETE FILE - HISTORICAL_20080930
NORTH CAROLING Department of Environmental Qual II 4 STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V DOC TYPE XHISTORICAL FILE 0 MONITORING REPORTS DOC DATE ❑ r%ObB�h7� YYYYMMDD b O�WApG co�_��--i CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 0500 0000 3917 5089 Mr, Ben Fuller Fuller's Auto Salvage 1036 Harvest Road Durham, NC 27704 Michael F. Easley, Governor William G Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 30, 2008 Coleen E1. Sullins, Director Division of Water Quality Subject: NOTICE OF VIOLATION — NOTICE OF INTENT TO ENFORCE NOV-2008-PC-0686 Permit No.-NCG 100155 Fuller's Auto Salvage Durham County Dear Mr. Fuller: Staff from the Division of Water Quality, Surface Water Protection of the Raleigh Regional Office conducted a site visit to Fuller's Auto Salvage, 1036 Harvest Street on August 26, 2008, The assistance and cooperation of Mr. Ben Fuller and Mr. Tim Fuller was very helpful and appreciated. The facility had the following violations of Stormwater Permit No. NCG100000 (NCG100155) and observations were as follow: 1. The facility failed to renewed their Certificate of Coverage. Fuller's Auto Salvage must renew their Certificate of Coverage at the earliest. For guidance on permit renewal please contact Ken Pickle of the Central Office Stormwater Unit at 919-807-6376. 2. The SWPPP (Stormwater Pollution Prevention Plan) has not been created as required by the General Permit No. NCG 100000 (Certificate of Coverage No., NCG100155). Implementation of the SWPPP as required by General Permit No. NCG100000 will minimize pollution impact of stormwater runoff on the salvage yard (See attached photos). 3. Qualitative monitoring had not been conducted as required by General Permit No. NCG100000 (Certificate of Coverage No., NCG100155). 4. Analytical monitoring had not been conducted as required by General Permit No. NCG100000 (Certificate of Coverage No., NCG100155). 5. All bulk oil containers in the garage must be secondary contained (See attached photos). 1628 Mail Service Center Raleigh, NC 27699-1628 919-791-4200 (Telephone) Customer Service 800-623-7748 Mr. Ben Fuller ' Fuller's Auto Salvage Page 2 t'. 6. Sample discharge points must be cleared of brush and debris to be assessable for analytical and Qualitative sampling. The discharge location must be the point at which the stormwater channel leaves the property boundary. 7. All engine parts must be removed from the floor (See attached photos) and stored in an area where fluids from the parts could not possibly go into the floor drains. Part III Standard Conditions for NPDES Stormwater General Permits, Section A: Compliance and Liability, No. 1. Compliance Schedule of your General Permit states that for new facilities all requirements, conditions, limitations and controls contained in this permit become effective immediately upon issuance of the Certificate of Coverage. You are required to immediately implement your stormwater pollution prevention plan and achieve compliance with all requirements of your stormwater permit. It is requested that you respond in writing to this Notice of Violation within 15 days of receipt of this correspondence. Your response should address all items 1 through 7. We are attaching a copy of General Stormwater Permit NCG 100000, monitoring forms and a list of private certified labs for monitoring. If you should have any questions regarding this notice, please do not hesitate to contact me or Mack Wiggins at the Raleigh Regional Office at (919) 791-4200. Sincerely, S. DanieI Smith Surface Water Quality Supervisor Raleigh Regional Office cc: Central Files RRO-S WP Compliance Inspection Report Permit: NCG100155 Effective: 06/27/03 Expiration: 08/31/07 Owner: Fuller's Auto Parts SOC: Effective: Expiration: Facility: Fuller's Auto Parts County: Durham 1036 Harvest Dr Region: Raleigh Durham NC 27704 Contact Person: Ben Fuller Title: Phone: 919-682-8507 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Certification: Phone: Inspection Date: 09126/2008 Entry Time: 03:33 PM Exit Time: 04:18 PM Primary Inspector: Mack K Wiggins M K iAl Phone: 919-791-4200 Secondary Inspector(s): Ed Owen Phone: Reason for Inspection: Routine Inspection Type: Stormwater Permit Inspection Type: Used Motor Vehicle Parts 5tormwater Discharge COC Facility Status: C Compliant ■ Not Compliant Question Areas: E Storm Water (See attachment summary) Page: 1 Permit: NCG100155 Owner - Facility: Fuller's Auto Parts Inspection Date: 09/26/2008 inspection Type: 5tormwater Reason for Visit: Routine Inspection Summary: Page: 2 Permit: NCGI O0155 Owner - Facility: Fullers Auto Parts Inspection Date: 09/26/2008 Inspection Type: Stormwater Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? [I ■ ❑ n # 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: The facility is required to develop and implement a plan as required by the newly issued stormwater general pemit NCG100000. Qualitative Monitoring Has the facility conducted its Qualitative Monitoring semi-annually? Comment: The facility must monitor as required by the newly issued stormwater general pemit NCG100000. Analytical Monitoring Has the facility conducted its Analytical monitoring? # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? Comment: • The facility must monitor as required by the newly issued stormwater general pemit NCG100000. Permit and Outfal'ls # Is a copy of the Permit and the Certificate of Coverage available at the site? # Were all outfalls 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? n■n❑ n■nn Page: 3 Permit: NCG100155 Owner - Facility: Fuller's Auto Parts Inspection Date: 09/26/2008 Inspection Type: Stormwater Reason for Visit: Routine Comment: The facility must establish outfails and monitor as required by NCG100000. The outfall is the point at which the stormwater channel leaves the property boundary. Page: 4 �"yr 1��4�T 'L- •yL+x�1}it 7 �, ,. �� AjF ,- •'`1. it j"•, �!� - TF s= 1 I',Qp oo�l.�mom r+- ^,'fl�.�.i s�f� •" `t ta• t ", *k�jV yLY! . 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Article Addressed to:1`d���+ ` liYEs�e� BENJAMIN G FULLERS FULLER'S AUTO SALVAGE�� -1036 HARVEST STREET DURHAM NC 27704 NOVINOI.DURHAM C0.430103 1 PERMIT#:NA SITE INSP:4111I03.JA ❑ Agent ( Printed Name) 1 C. gays of different from item W ❑ Wes :ry address below: ❑ No '3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4- Restricted Delivery? (Extra Fee) ❑ yes 2. Article Number �� (Transfer from servicelabe/) 7002 08LO 0006 5832 7239 PS Form 3811, August 2001. Domestic Return Receipt 102595-02-M-1035 UNITED STATES POSTAL SERVIC~I� `First Class M l""�` !j 'f l .� 1, , 10j : j / Hl (`� • Sender: Please prinfyo ir."name, address,,end-ZlP+44p-this'6ox'�-° -�- NC DEPARTMENT 017 ENVIRONMEN-I & NATURAL, RESOURCES DIVISION OF WATER QUALITY - RALEIGH REGIONAL OFFICE 1628 MAIL SERVICE CENTER RALE1GIl NC 27699-1628 April 30, 2003 CERTIFIED MAIL T .EIPT REQUESTED Benjamin G. Fuller Fuller's Auto Salvage 1036 Harvest Street Durham, NC 27704 Subject: Notice of Violation Notice of Recor unendation for Enforcement Fuller's Auto Salvage Operating Without a Stormwater Permit Durham County Dear Mr. Fuller: It has come to the attention of the North Carolina Division of Water Quality that Fuller's Auto Salvage has not obtained a Storrnwater Permit for the site at 1036 Harvest Street in Durham, North Carolina. The National Pollutant Discharge Elimination System (NPDES) program was established under the federal Clean Water Act (1972) and then delegated to the Division of Water Quality .for implementation in North Carolina. The NPDES Phase I permitting program for stormwater discharges was established in 1990. Phasel focused on site and operations planning to reduce pollutant_ sources., . One . of -the .industries that. Phase L regulates .through NPDES .pertrits_is. Used. Motor Vehicle Parts, SIC Code 5015, and Automotive Wrecking for Scrap, SIC Code 5091 A General Permit (No. NCGI00000) became effective August 1, 1994. The discharge of stormwater from a Used Motor Vehicle site to waters of the State without a permit is a violation ofNCGS 143-215.1(a)(1). This office is considering recommending to the Director of the Division of Water Quality that civil penalties be assessed against your company for these violations. NCGS 143-215.6 provides that violations of 143-215.1 may incur civil penalties up to $25,000 per violation per day. Any response submitted to this office within 10 days of receipt of this letter will be considered when making the recommendation. On April 11, 2003 Mr. Joe Albiston conducted a site visit at Fuller's Auto Salvage. Stained areas with oil and other vehicle fluids throughout the site constitute a direct violation of North Carolina General Statute 143-215,83, which states in part that it is unlawful to discharge oil or other hazardous substances onto or upon any waters or lands of the state. General Statute 143-215.84 requires the person having control over the oil or hazardous substance discharged shall immediately undertake to collect and remove the discharge and to restore the area affected by the discharge as nearly as possible to the condition existing prior to the discharge. Raleigh Regional office 1628 Mail Service Center phone (919) 571-4700 Water Quality Section Raleigh, NC 27699-1628 facsimile (919) 571-4718 Customer Service 1-800-623-7748 AN PFZ 3 Fuller's Auto Salvage Ai Page 2 Enclosed is an application form, also called a Notice of Intent. Please return this form with the application fee within the next 10 working days from receipt of this letter to: Mr. Bradley Bennett Stormwater & General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Additional information about the stormwater program may be found on the Internet at http://h2o.enr.statc.nc.us/su/stormwater.html If there are any questions or comments, please contact Joe Aibiston or me at (919) 571-4700. Sincerely, Kenneth Schuster, P.E Regional Water Quality Supervisor cc: -Bradley, Bennett; Stormwater Permitting -a- NCDENR N[yrtw [�.np ins dIYR1w[N1 p EwvtRnn H[nT •wC NITl11�L n[sau,C[e Division ofWate rQuality/WaterQualitySection NationaIPot lutantDischargeEliminationSystem Ncclaooao Year Monlh Da CertiftcaIcufC,avera gc Chc 0 Amount NnnitASSi neLho NOTICEOFINTENT Nation alPolIutantDischargeEliminationSystemap piicationforcoverageunderGeneralPermit NCG100000: STORMWATERDISCHARGESassociatedwithactivitiesclassiftedas: SIC-5015 UsedMotorVehicleParts SIC'5093- Automo bi leWreckingforS crap (exceptasspecifiedbelow) Thefollowingactivitiesarespecificallyexcluded fromeoverageunderthisGeneralPermit: • Establishmentsprimarilyengagedinthewholesaletradeofinetalwasteandscrap,ironandsteelscrap,and nonferrousmetalscrap(hereafterreferredtoa sthemeta hrrasterecyclingindustry) " Standard Industrial ClassificationCode "AportionofSIC5093 1) Mailingaddress ofownerloperator: Name StreetAddress City TelephoneNo. (Pleaseprintertype) State ZIPCode Fax: 'Add resstowhicha)lperrngcorrespondencewillbemailed 2) Locationoffacilityproducingdischarge: FacilityName FacilityContact StreetAddress City State ZIPCode County TelephoneNo. Fax: 3) PhysicalLocationlnformation: Pieaseprovideanarrativedescriptionofhowtogettothefacility(usestreetnames,stateroadnumbers, and distanceanddirectionfromaroadwayi ntersection). (AcopyoiacountymaporUSGSquad sheetwithfacilityeleariylmatedonihemapisrequiredtobesu bmittedwiththisappli 4) ThisNPDESPermitApplicationappliestowhichofthefollowing: ❑ NeworProposed Facility Date operationistobegin ❑ Existing 5) StandardindustrialClassification: cation) Providethe4digitStandardlndustrialClassiicationCode(SICCode)thatdescribestheprimaryindustriai activityatthisfacility SICCode: SWU-225.101701 Pagelof3 6) Provide a brief narrativedescriptionofthetypesofindustrialactivities and products rnanufacturedat thisfacility: i' 7) DischargepointslReceivingwaters: Howmanyd ischargepoints (ditches,pipes,channels,etc.)conveystormwaterfromtheproperty? Whatisthenameofthebodyorbod iesofwater(creek,strea m,river,lake,etc. )thatthefaciiitysto rmwa ter dischargesendupin? lfthesitestormwaterd ischargestoaseparatestormsewersysternpa metheope ratorofthe s e p a rate storm sewersystem(e.g.CityofRaleigh municipalstormsewer). 8) DoesthisfacilityhaveanyotherNPDESpermits? ❑ No ❑ Yes Ifyes ,listthepermitnumbersfora Ilcu rrentNPDES permitsforthisfa ciiity: 9) DoesthisfacilityhaveanyNon-Dischargepermits(ex:recyclepermits)? ❑ No ❑ Yes Ifyes,listthepermitnumbersfora ilcu rre ntNon-Dischargepermitsforthisfacility: 10) Doesthisfacilityemployanybestmanagementpracticesforstormwatercontrol? ❑ No ❑ Yes Ityes,pieasebrieflyd escribe: 11) DoesthisfacilityhaveaStormwaterPollutionPrevention Plan? ❑ No ❑ Yes lfyes,whenwasitimpiemented? 12) Arevehiclemaintenanceactivitiesoccurringatthisfacility? ❑ No ❑ Yes 13) HazardousWaste: a) lsthisfacilityaHazardousWasteTreatment,Storage,orDisposalFacility? ❑ No ❑ Yes b) IsthisfacilityaSmall QuantityGenerator(Iessthan1000kg.ofhazardouswastegeneratedpermonth)of hazardouswaste? ❑ No ❑ Yes c) IsthisfacilityaLargeQuantityGenerator(1000kg.ormoreofhazardouswasleg eneratedpermonth)of hazardouswaste? ❑ No ❑ Yes d) Ifyouansweredyestoquestionsb.orc.,pleaseprovidethefollowinginformation: Type(s)ofwaste: Page2of3 swu-zzs-ioi 701 Howismaterialstored: Whereismateria lstored: I- Vowmanydisposaishipmentsperyear: Nameoftransportld isposa Ivendor:_ Vendoraddress: 14) Certification: NorthCarotinaGeneralStatute143-215.6b(i)providesthat: Any personwhoknowinglymakesanyfalsestatement,representation, orcertificationinany application, record, report, plan or olher document filed or required to be maintained under Article 21 of regulations of the Environmental Management Commission implementing thatArticle,orwhofalsifies, tam pefswithorknowingly renders inaccurate any recording ormonikoring cleviceormethDd required to be operated of maintained under Article 21 or regulations of the Environmental Management Commission implementing ShatArticle, shalt be guilty ofa misdemeanor punish able by a fine not toexceed$10,000,orbyimprisonment nottoexceedsix months, orbyboth. (1 BU.S.C.Section 1001 provides apunishmentbyalineofnotmorethan$10,000orimprisonmentnotmorelhan5years, orboth,forasimilaroffense. ) iherebyrequestcoverageund erthe referencedGene ra I Permit. I understand thatcoverageunderthispermit wilIcon stitutethepermilrequirementsforthedischarge(s)and isenforceableinthesamemannerasa n individualpermit. IcertifythatlamfamiI iarwiththeinformationcontai nedinthisappl icationa ndthattothebestofmyknowledge andbeliefsuchi nformationistrue,complete,andaccurate. Printed NameofPersonSign in g: Title: (SignatureofAppticant) (DateSigned) Noticeofintentmustbeaccompan iedbyacheckormoneyorderf or$80.00madepayableto: NCDENR FinalChecklist This applicationwillbereturnedasincompleteunlessalloft hefollowingitemshavebeenincIuded: ❑ Checkfor$80madepayabletoNCDEN R ❑ Thiscompletedapplicationandallsupportingdocuments ❑ CopyofcountymaporUSGSquadsheetwithlocationoffacilityclearlymarkedonmap Mai Itheentirepack ageto: StormwaterandGeneralPermitsUnit DivisionofWaterQuality 1617MallServiceCenter Raleigh,NorthCarolina27699-1617 Note ThesubmissionofthisdocumentdoesnotguaranteetheissuanceofanNPDESpermit. Page3of3 SW U-225-101701 NCDENR i+cm� Gnaw. Errwtt�r�i o• Er»•onM[wr ww� Nwv+..i fieJu,nccs Division ofWaterQuaiity/WaterQua)itySection NationalPoI lutantDischargeEIiminationSystem NCclooaoo Year Month LYa CertificateulCovera e N Check# Amount PennitAssi edto NOTICEOFINTENT NationalPollutantDischargeElimination SystemappIicationforcoverageunderGeneraIPermit NCG100000: STO RMWATERD ISC HARG ESassociatedwithactivitiesclass ifiedas: SIC 5015 UsedMotorVehicleParts SIC'5093- AutomobileWreckingforScrap (exceptasspecifledbelow) Thefollowingactivitiesarespecificailyexcluded fromcoverageunderthisGeneralPermit: • Establishments primarilyen gaged inthewholesaletradeofinetalwasteandscrap,ironandsteeIscrap.and nonferrou smetalscra p(hereafterreferredtoasthemetalwasterecyclingind ustry) 'StandardlndustrialClassiftcationCode "AportionOSIC5093 1) Mailingaddress ofownerloperator: Name StreetAddress City TelephoneNo. (Pleaseprintortype) State ZIPCode Fax: 'Address towhichalIpermitcorrespondencewillbemailed 2) Locationoffacilityproducingdischarge: FacilityName FacilityContact StreetAddress City State County TelephoneNo. Fax: ZIPCode 3) Physicall-ocationlnformation: Plea seprovidea na rrativede scriptionofh owtogettothefacility(usestreetn am es, stateroad nu mbers,and d istanceandd irectionfromaroadwayintersection ). (AcopyofacounlymaporUSGSquadsheetwithfaciiityclearlyiocatedonthemapisrequiredtobesubmittedwithihisapp4i 4) ThisNPDESPermitAppiicationappliestowhichofthefolIowing: ❑ NeworProposedFacility Dateoperationistobegin ❑ Existing 5) StandardlndustrialClassif!cation: Providethe4digitStandardInd ustrialClassificationCod e(SICCode)(hatdescribestheprimaryindustrial a ctivityatthisfaci lity SICCode: Page1 of3 SWU-225-101701 cation) 6) Providea brief narrative description of thetypesof ind ustria la ctivities and products ma nuf a ctured at thisfacility: 7) Discharge points/Receivingwaters: H owmanyd ischa rgepoints(d itches, pipes, channels,etc. )conveystormwaterfromtheprope rty? W hatisthenameofthebodyorbod iesofwater(creek,stream, rive r,lake,etc. )th atthefaci litystormwater dischargesendupin? I fthesitestormwaterd ischargestoaseparatestormsewersystem,na m etheope ratorofthes epara te storm sewersystem(e.g.CltyofRale ig hmunicipalstormsewer). 8) DoesthisfacilityhaveanyotherNPDESpermits? ❑ No ❑ Yes Ifyes,listthepermitnu mbe rsforail cu rrentN PDESperm itsforth isfacility: 9) Doesthisfac11ityhaveanyNon-Discharge permits(ex:recycIepermits)? ❑ No ❑ Yes Ifyes,listthepermitnumbersfora Ilcu rrentN Dn-Dischargepermitsforth isfacility: 10) Does thisfacilityemployanybestmanag erne ntpracticesforstormwatercontroI? ❑ No ❑ Yes Ifyes,pleasebrieflydescribe: 11) DoesthisfacilityhaveaStormwaterPollutionPreventionPlan? ❑ No ❑ Yes Ifyes,whenwasitimplemented? 12) Arevehiclemaintenanceactivitiesoccurringatthisfacility? ❑ No ❑ Yes 13) HazardousWaste: a) IsthisfacilityaHazardousWasteTreatment,Storag e,orbisposalPacility? ❑ No ❑ Yes b) IsthisfacilityaSmallQuantityGenerator(Iessthan1000kg.ofhazardouswastegeneratedpermonth)of hazardouswaste? ❑ No ❑ Yes c) IsthisfacilityaLarge Qua ntityGenerator(1000kg.ormoreofhazardouswastegeneratedpermonth)of hazardouswaste? Cl No ❑ Yes d) Ifyouansweredyestoquestionsb.orc.,pleaseprovidethefoIlow inginformation: Type(s)ofwaste: Page2of3 5WU-225-101701 Howismaterialsto red: Where ismaterialstored: r Howmanydisposalshipmen tsperyear: Nameoftransport/disposaIvendor,_ Vendoraddress: 14) Certification: NorthCarolinaGeneralStatute143-215.6b(i)providesthat: Anypersonwhoknowinglymakesanyfalsestalement,representation, orcertificationinany application, record, report, plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental Management Com mission i mpl ementing thatArticle, orwho falsifies, tampers with orknowing lyrenders inaccurate any recording ofmonitoringdeviceormethod required lobe operated or maintained under Article21 or regulations ofthe Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine nottoexceed$10,000,orbyimprison mentnottoexceed six months, orbyboth. (1 WS.C.Section 1001 provides apunishmentbyafineofnotmorethan$10,000orimprisonmenlnotmorethan5years,orboth,forasimilaroffense. ) iherebyrequestcoverageunderthereferencedGenera lPermit.tunderstandthatcoverageunderthispermit willconstitutelhepermitrequ i rementsforthed ischarge(s)andisenforceableinthesamemannerasa n individualpermit. Icertifythatlamfamiliarwiththeinformationcontain ed inthisapplicationandthattothebestofmyknowledge andbeliefsuch informationistrue,complete,andaccurate, Pri n ted N a meofPe rson S i g n i ng: Title: (Signature ofApplicant) (DateSigned) Noticeof]ntentmustbeaccompan iedbyacheckormoneyorderfor$80.0Omadepayableto: NCDENR FinatChecklist Thisapplicationwillbereturnedasincompleteunlessallofthefollowing items havebeenincIuded: ❑ Checkfor$80madepayabletoNCDENR ❑ Thiscompletedapplicationandallsupportingdocuments ❑ CopyofcountymapoWSGSquad sheetwithlocationoffaciIitycleartymarkedonmap Mai Itheentirepackageto: Stormwaterand Genera IPermits U nit Division ofWaterQua lity 1617MailServiceCenter Raleigh,NorthCaroiina27699-1617 Note ThesubmissionofthisdocumentdoesnotguaranteetheissuanceofanNPDESpermit. Page3of3 SwU-225-101701 June 27, 2003 Mr. Benjamin G. Fuller Fuller's Auto Parts 1036 Harvest Street Durham, NC 27704 Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality D [1WE JUL -- 2003 DEIM RALEIGH REGID�IAL OFFICE Subject: General Permit No. NCG100000 Fuller's Auto Parts COC NCG100155 Durham County Dear Mr. Fuller: In accordance with your application for discharge permit received on May 12, 2003, 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 Water Quality. The Division of Water Quality 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 Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mack Wiggins at telephone number 919/733- 5083 ext. 542. Sincerely, ORIGINAL SIGNED By WILLIAM C. MILLS F 'Alan W. Klimek, P.E. cc: �-Ral-eigh_RegionalOffice Central Files Stormwater and General Permits Unit Files A*A ITC69 l Customer Service 1 800 623-7745 Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WIGS f - A. GENERAL PERMIT NO. NCG100000 CERTIFICATE OF COVERAGE No. NCG100155 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, Benjamin G. Fuller Fuller's Auto Parts is hereby authorized to discharge stormwater from a facility located at Fuller's Auto Parts 1036 Harvest Drive northeast Durham Durham County to receiving waters designated as an unnamed tributary to Ellerbe Creek, a class WS IV NSW water in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I1, III, IV, V, and VI of General Permit No. NCG100000 as attached. This certificate of coverage shall become effective June 27, 2003 This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day June 27, 2003 ORIGINAL SIGNED BY Wil LIAM C, MILLS Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission ■ Complete items 1, 2, and 3. Also complete item 4 it Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the iece. or on the front if space pe 1. Article Addressed to: BENJAMIN G FULLER `� FULLER'S AU TO SALVAGE 1036 HARVEST STREET �! DURHAM NC 27704 ✓ �� NOVINOI.DURHAM C0.4130l03 HERMIT#:NA SITE INSP:4fl lfC3.JA ' A. Signature X El Agent t_J Addresse ,RnCcwdd.by (Printed Name) C. Da geD. Is deliverya6gress different from item t? ❑ �AYES, eei,(D;�delivery address beiow: ❑ No I Service Type ❑ Certified Mail ❑ Express Mail © Registered Q Retum Receipt for Merchandis ❑ Insured Mail El C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number I (iransterftmservice labeq ?002 0860 0006 5832 ?239 PS Form 3811, August 2001 Domestic Return Receipt 102595-02•M-tC Spatial Data Explorer - Durham, North Carolina http://gisweb2.ei.durham.nc.us/scripts/esrimap.dll?Name=sdx 1 &pX... Durham Spatial Data Explorer FYI City of Durham Help Contacts Durham County Feedback Mays layers Identify: Sdect an Item category in the drop down box and Click on the itern oche map. Draw selected MAP TOOLS layers: Click & Draw a Box to: C' ZoomIn CJ ZoomOut (71 Select Multiple Parcels Dra"'" ?$ ? Click to: C; ReCenter Map rV Identify Map Feature ax Parcels w Layers _9LI C'tIoII Boundary City Boundary Search By: 0 Radius (feet) I� Print Layout Mapscalle 1- 122501 . i>�� 'i r Chapel Hill 1] Durham ❑ Raleigh [] r Tax Parcels ❑ r! Census ❑ Geography r FEMA Flood Zones Voting Precincts ❑ Zoning r Wards ❑ Economic Development [] Zone Infrastructure r Street Centerlines _ Railroads Ci Polls r Schools Physical r Major Water Minor Water r Building ElFootprints r !Oft Topo Lines — r I 2ft Topo Lines r Aerial ❑ Photography NCSPC Grid Draw�L1 MAP Currency Maps and other data In Spatial Data Explorer were developed from public records and data ��., --- - ..., _ . ............. .,.,..,.., ... .....,...,..... ., Parcel Data ----- - . .......... ,...... ,..... .,......... . ........... ... ...... Find Adjoining Parcels • Land Value: $103,850.00 • Parcel Number (PlNJ: 4842-44-63-2048 • Building Value: $52,887.00• • -01-422 - Total Value: $156,737-00 • Acreage; Acreage;:.15 • peed Book/Page: 969 1010 n io • Front Dimension: 444.44 • Plat Book/Page: ! • Land Use Code: 433 • Owner Name: FULLER BENJAMIN G • Land Use Description: COMM/ AUTO CAROLYN S BODY -TIRE . Owner Address: • District Code: 1 3637 WISHART ST DURHAM NC 27704 sources Including recorded Tax Values Search deeds, plats, andother pubiC records. Users of this mapare Parcel Number hereby notified thatthe Ex.(000A-00-000A-): aforementioned public primary information sources shout! be PIN Number consulted for verification of the EX(0000-00-00-0000): information cortained on this website. While efforts have • Property Address. 1028 HARVEST ST Parcel Query Reference Map i of 2 4/16/03 2:53 PM s„ i ?,:a Spatial Data Explorer - Durham, North Carolina http://gisweb2.ci.durham.nc.us/scripts/esrimap.dll?Name=sdx 1 &pX... been made to use the most current and accurate data, Site Address Durham County, The City of Ex.(218 E Main): — Durham, NC and the mapping and software companies GC G21 111 assume no legal responsibility for the information contained in Spatial Dag Explorer. Parcel Attribute Advanced Query Data Effective Date: Ii I10*1111IC? FA-f i I11I.: AM Current Date: 4116/2003 Time: 2:44:40 PM WN11 i .; - EindtAn dress City of Durham I Durham Street At€as I Interactive Maps I Contacts I SDX Help I Durham County Durham, North Carolina, USA Copyright ROK Technologies, Inc.; 2002 Developed using V, from ESM by ROK Technologies, inc., authorized ESRI developer. 2 of 2 4/16/03 2:53 PM t STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG100000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM for establishments primarily engaged in the following activities: Used Motor Vehicle Parts and Automobile Wrecking for Scrap In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereinafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters in accordance with the terms and conditions set forth herein. Coverage under this General Permit is applicable to: ♦ All owners or operators of stormwater point source discharges associated with activities classified as establishments primarily engaged in activities classified as Used Motor Vehicle Parts [Standard Industrial Classification (SIC) 50151 and Automobile Wrecking for Scrap (a portion of SIC 5093). ♦ Stormwater point source discharges from like industrial activities deemed by The Division of Water Quality (DWQ) to be similar to these operations in the process, or the discharges, or the exposure of raw materials, intermediate products, by-products, products, or waste products. Except upon DWQ determination of similarity as provided immediately above, the following activities and associated discharges are excluded from coverage under this General Permit: ♦ Establishments primarily engaged in the wholesale trade of metal waste and scrap, iron and steel scrap, and nonferrous metal scrap (hereafter referred to as the metal waste recycling industry). The General Permit shall become effective on November 1, 2012. The General Permit shall expire at midnight on October 31, 2017. Signed this day October 25, 2012. Original signed by Matt Matthews for Charles Wakild, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCG100000 TABLE OF CONTENTS PART I INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: On -Site Vehicle and Equipment Maintenance Monitoring Requirements Section D: Qualitative Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severabiiity 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply Section B: General Conditions 1. General Permit Expiration 2. Transfers 3. When an Individual Permit Maybe Required 4. When an Individual Permit May be Requested 5. Signatory Requirements 6. General Permit Modification, Revocation and Reissuance, or Termination i Permit No. NCG100000 7. Certificate of Coverage Actions 8. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2, Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6, Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS Permit No. NCG100000 PART I — INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to have facilities covered by this General Permit must register with the Division of Water Quality (DWQ) by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any point source discharge of stormwater associated with industrial activity to the surface waters of the state. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to commencement of discharge. This General Permit 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. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFI? §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI)form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually. Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily Load (TMDL) for pollutants for stormwater is established. A TMDL sets a pollutant -loading limit that affects a watershed, or portion of a watershed, draining to a specific impaired water. For discharges to watersheds affected by a TMDL, coverage under this permit may depend on the facility demonstrating it does not have reasonable potential to violate applicable water quality standards for those pollutants as a result of discharges. If DWQ determines that discharges have reasonable potential to cause water quality standard violations, the facility shall apply for an individual permit 180 days prior to the expiration date of this General Permit. Once that individual permit is effective, the facility will no longer have coverage under this General Permit. Note that the permittee must identify impaired waters (scheduled for TMDL development) and waters already subject to a TMDL in the Site Plan, as outlined in the Stormwater Pollution Prevention Plan, Part I1, Section A. 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. Part I Page 1 of 2 Permit No. NCG100000 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and baul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP, Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi- annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part 11 B, C, and D of this permit. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list ofsignificantspills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re-certifrcation that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Unit's website (See 'Monitoring Forms' here: httl2://portal.ncdenr.org/web/wq/ws/.su/npdessw). Part 11 Page 3 of 10 Permit No. NCG100000 SECTION B: PERMITTED ACTIVITIES Until coverage under this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of [North Carolina, or to a separate storm sewer system, which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee's responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, or decree. Part I Page 2 of 2 Permit No. NCG100000 PART II — MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part III, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303 (d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part 1I1, Standard Conditions, Section B, Paragraph 3. Part I I Page 1 of 10 Permit No. NCG100000 Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, this review shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials including petroleum products; storage in &n-y amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed.with a locking mechanism). Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. Part 11 Page 2 of 10 Permit No. NCG100000 The Director may notify the permittee when the SPPP 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 SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part 11I, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs to prevent contaminants from entering surface waters via stormwater, implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. 10. Solvent Management Plan. Facilities that implement a Solvent Management Plan may so certify, and the requirement for Total Toxic Organics (TTO) monitoring in Part II, Section B. may be waived. The Solvent Management Plan shall include: (a) an annually updated and quantified inventory of the total toxic organic compounds present on site during the previous three years; (b) a narrative description of the in -plant locations and uses of the toxic organic compounds, the method of disposal including quantities disposed on- and off -site; (c) the management procedures and engineering measures for assuring that toxic organics do not spill or leak into stormwater. DWQ may at its discretion require submittal, review, and approval of the Solvent Management Plan as a condition of continuing the TTO sampling waiver. For those facilities electing to employ the TTO sampling waiver, the permittee shall include the following signed certification statement on each discharge monitoring report: "Based upon my inquiry of the person or persons directly responsible for managing compliance with the permit monitoring requirementfor total toxic organics (TTO),1 certify that to the best of my knowledge and belief, no leak, spill, or dumping of concentrated toxic organics into the stormwater or onto areas which are exposed to rainfall orstormwater runoff has occurred since fling the last discharge monitoring report I further certify that this facility is implementing all the provisions of the Solvent Management Plan included in the Stormwater Pollution Prevention Plan." Part II Page 4 of 10 Permit No. NCG100000 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled' (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DWQ Regional Office. See Definitions. Table 1. Analytical Monitoring Requirements Discharge Characteristics Units Measurement Fre uenc 1 Sample Tyge2 Sample Location3 H standard semi-annual Grab SDO Total Suspended Solids m L semi-annual Grab SDO Non -Polar Oil & Grease / TPH EPA Method 1664 SGT-HEM mg/L semi-annual Grab SDO Ethylene Glycol m L semi-annual Grab SDO Lead, Total Recoverable m L semi-annual Grab SDO Total Toxic Organics (TTO)4 m L semi-annual Grab SDO Total Rainfalls inches semi-annual I Rain Gauge - Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event. 2 Grab samples shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. DWQ's ROS letter remains in effect through subsequent reissuance of this permit and as long as the pert- inent site conditions and operations remain unchanged, unless the ROS letter provides for other conditions or duration. 4 For purposes of this permit, the list of Total Toxic Organics is that list as stated in Appendix D, Table 11 of Chapter 40 Code of Federal Regulations (CFR) Part 122. Facilities that implement a Solvent Management Plan may so certify, and the requirement for TTO monitoring maybe waived. The Solvent Management Plan shall be incorporated as a separate chapter into the Stormwater Pollution Prevention Plan (See Part 11, Section A. 10.). 5 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted as part of other requirements of this permit. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part III, Section E). Sampling is not required outside of the facility's normal operating hours. Part If Page 5 of 10 Permit No. NCG100000 Table 2. Monitoring Schedule Monitoring periodl,z Sample Number Start End Year 1- Period 1 1 January 1, 2013 June 30, 2013 Year 1- Period 2 2 July 1, 2013 December 31, 2013 Year 2 - Period 1 3 January 1, 2014 June 30, 2014 Year 2 - Period 2 4 July 1, 2014 December 31, 2014 Year 3 - Period 1 5 January 1, 2015 June 30, 2015 Year 3 - Period 2 6 July 1, 2015 December 31, 2015 Year 4 - Period 1 7 January 1, 2016 June 30, 2016 Year 4 - Period 2 8 July 1, 2016 December 31, 2016 Year 5 - Period 1 9 January 1, 2017 June 30, 2017 Year 5 - Period 2 10 July 1, 2017 October 31, 2017 Footnotes: 1 Maintain semi-annual analytical monitoring throughout the permit renewal process (unless other provisions of this permit prompt monthly sampling). 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall or inability to collect a sample because of adverse weather conditions during a monitoring period, for example, does not constitute failure to monitor, as long as it is properly reported. The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring under Tier Three, DWQ's release letter remains in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Part 11 Page 6 of 10 Permit No. NCG100000 Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Benchmark Values pH 1 6 - 9 standard unitsl Total Suspended Solids (TSS) 100 mg/L TSS (ORW, HQW, Trout & PNA waters) 50 mg/L Non -Polar Oil & Grease / TPH by EPA Method 1664 (SGT-HEM) 15 mg/L Ethylene Glycol Any amount detected (Tier One), 8,000 mg/l (Tiers Two and Three) Lead, Total Recoverable 0.03 mg/L Total Toxic Organics (TTO) 1 mg/L Footnotes: 1 If pH values outside this range are recorded in sampled stormwater discharges, but ambient precipitation pH levels are lower, then the lower threshold of this benchmark range is the pH of the precipitation (within instrument accuracy) instead of 6 S.U. Readings from an on -site or local rain gauge (or local precipitation data) must be documented to demonstrate background concentrations were below the benchmark pH range of 6-9. Part 11 Page 7 of 10 Permit No. NCG100000 Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were im lemented. Tier Two If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall; Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters. The permittee shall conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Benchmark exceedances for a different parameter separately trigger a tiered response. S. Maintain a record of the Tier Two response in the SPPP. Tier Three During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. The Division may but is not limited to: • require that the permittee revise, increase, or decrease monitoring frequency for some or all parameters; • rescind coverage under the General Permit, and require that the permittee apply for an individual stormwater discharge permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. Part 1 I Page 8 of 10 Permit No. NCGl00000 SECTION C: STORMWATER DISCHARGES: ON -SITE VEHICLE AND EQUIPMENT MAINTENANCE MONITORING REQUIREMENTS See Section B. above for analytical monitoring requirements. SECTION D: STORMWATER DISCHARGES: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assess new sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a treasurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually as specified in Table 6, and during required analytical monitoring events (unless the permittee is required to perform further qualitative sampling per the Qualitative Monitoring Response, below). Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DM (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 6. Qualitative Monitoring Requirements Discharge Characteristics Frequencyl Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal process. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Part 11 Page 9 of 10 Permit No. NCG100000 A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. ve Mon Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, assessing new sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, The Division may but is not limited to: • require that the permittee revise, increase, or decrease monitoring frequency for some or all parameters (analytical or qualitative); • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. Part 11 Page 10 of 10 Permit No. NCG100000 PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Laulpliance_Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the Certificate of Coverage and updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this general permit, shall be accomplished within 12 months of the effective date of the issuance of the Certificate of Coverage. New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this general permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal under this General Permit: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of the Certificate of Coverage. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this general permit and updated thereafter on an annual basis. Secondary containment, as specified in Part III, Paragraph 2 (b) of this general permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the general permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates sections] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402[a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be Part III Page 1 of 10 Permit No. NCG100000 subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class 1 violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part 111, Section C of this general permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. S. Oil and Hazardous Substance Liability Nothing in this general permit shall he construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any Part III Page 2 of 10 Permit No. NCG100000 invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. Severabilitv The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide J rmation The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the general permit issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this general permit [40 CFR 122.41(h)]. 9. Pe Allies for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 10. Penalties for Falsifrati Lsf Rem The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. 11. fln�L[Mre or Offsh re Construction This general permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Day to Reapply Dischargers covered by this general permit need not submit a new Notice of Intent (NOI) or renewal request unless so directed by the Division. If the Division chooses not to renew this general permit, the permittee will be notified to submit an application for an individual permit [15A NCAC 02H .0127(e)]. SECTION B: GENERAL CONDITIONS General Permit Expiration General permits will be effective for a term not to exceed five years, at the end of which the Division may renew them after all public notice requirements have been satisfied. If a general permit is renewed, existing permittees do not need to submit a renewal request or pay a renewal fee unless directed by the Division. New applicants seeking coverage under a renewed general permit must submit a Notice of Intent to be covered and obtain a Certificate of Coverage under the renewed general permit [15A NCAC 02H .0127(e)]. Part HI Page 3 of 10 Permit No. NCG100000 Transfers This general permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the Certificate of Coverage, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3),122.611 or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit; C. The discharge violates the terms or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this general permit; f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit; g. The Director determines at his or her own discretion that an individual permit is required. 4. Whgn an Individual Permit May be Requested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit 5. Signatory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All Notices of Intent to be covered under this general permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Part III Page 4 of 10 Permit No. NCG100000 (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.221. b. All reports required by the general permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22J d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL. BE ACCEPTED: "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 properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties far submitting false information, including the possibility offines and imprisonmentfor knowing violations." 6. General Permit Madd cation. Revocation-tid-Reissuance. or Termination The issuance of this general permit does not prohibit the Permit Issuing Authority from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 1SA of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition. The Certificate of Coverage shall expire when the general permit is terminated. Certificate of Coymge ctions The general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition [40 CFR 122.41(f)j. Part III Page 5 of 10 Permit No. NCG100000 S. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause this Division to initiate action to revoke coverage under the general permit. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. proper Operatioj3 and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122.41(e)]. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit [40 CFR 122.41(c)]. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under, Part III, Section E of this general permit If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this general permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.410)]. Part III Page 6 of 10 Permit No. NCG100000 2. Recording Results For each measurement or sample taken pursuant to the requirements of this general permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this general permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Rec rd -Retention Qualitative monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan (SPPP). Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this general permit, o copies of all data used to complete the Notice of Intent to be covered by this general permit. These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or Notice of Intent application. This period may be extended by request of the Director at any time [40 CFR 122.41]. If this volume of records cannot be maintained on -site, the documents must be made available to an inspector upon request as immediately as possible. Part I I1 Page 7 of 10 Permit No. NCG100000 Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this general permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director. DMR forms are available on the Division's website (http_//portal.ncdenr.org/web/wq/ws/su/npdessw). Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506. If the permittee monitors any pollutant more frequently than required by this general permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this general permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not he submitted to the Division, except upon DWQ's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a) (2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be PartIIl Page 8 of 10 Permit No. NCG100000 considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this general permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the general permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the general permit [40 CFR 122.41(1)(2)]. 7. Snips The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part IV of this general permit Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bvnass Notice [40 CFR 122.41(m)(3)]: 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 duality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 9. LygD ,-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. Part ] I I Page 9 of 10 Permit No. NCG100000 10. Other- Noncom lip ante The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11, Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this general permit, or submitted incorrect information in that Notice of Intent application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Part III Page 10 of 10 PART IV DEFINITIONS Act See Clean Water Act Permit No. NCG100000 Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. 3. Allowable on tormwater Discharges This general permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: a. All other discharges that are authorized by a non-stormwater NPDES permit b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, irrigation waters, flows from riparian habitats and wetlands. c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye wash as a result of use in the event of an emergency. 4. Best Management Practices (B -P- Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: httR/ dcfpub.ena,eov/nodes Jstormw2ter/menuofbmps/ii dex.cfm. S. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the general permit and is signed by the Director. 8. Chan Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. Part IV Page 1 of 4 Permit No. NCG100000 10. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. U. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the First 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. MeasureableStorm F ent A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DWQ Regional Office. Two copies of this information and a written request letter shall be sent to the local DWQ Regional Office. After authorization by the DWQ Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Munici ap 1 Separate Storm Sewer System (MS4J A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES stormwater permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a general permit 19. Permit Issuing_AlithoriKy The Director of the Division of Water Quality (see "Director" above). 20, Permittee The owner or operator issued a Certificate of Coverage pursuant to this general permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Permit No. NCG100000 22. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Contain_ ment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 24. Section 313 Water Priority Chemical A chemical or chemical category which: b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; c. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and d. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 122 on Table li (organic priority pollutants), Table 111(certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to section 311(b) (2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe PropeM Damage Substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 26. Significant Materials includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. Stormwater Discharge Outfall CO-0) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of Forth Carolina. 29. �tormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part IV Page 3 of 4 Permit No. NCG100000 30. Stormwater Associated with Industrial Activily 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 CPR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. Stormwater Pollution Prevention Plan (SPPP) 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. 32. Total Maximum Daily Load _(TMDQ TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at hall: //portaI.ficdenr.org/web/wq /ps/mtu jtmdl. 33, Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25-year. 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 2S years. Part IV Page 4 of 4 R 4U� 1 iallfrl J Auto Parts Site- Map__ ___. NPDES Facilities 4-17-13 strNPDESPe Individual NCG020000 NCG03D000 NCG060000 NCG070000 18 NCG060000 i NCG10D000 NCG110000 NCG130000 NCG140000 NCG160000 j NCG17D000 NCG190000 j NGG200000 NCG210000 No Exposure 19 li No Permit RequEred Storm Drainage Pipes '.. <all other values, Type 3800 Barrett Dr, Raleigh, NC 27609 to 1036 Harvest St, Durham, NC 27704 - Googie Ma... Page 1 of 1 �D ��e Directions to 1036 Harvest St, Durham, NC l 27704 20.5 mi — about 30 mins 3800 Barrett Dr, Raleigh, NC 27609 1. Head west on Barrett Dr toward Haworth Dr 2. Turn right onto Six Forks Rd About 2 mins 3. Turn left to merge onto 1-440 W About 2 mins 4. Take exit 7B for US-70 WIN Carolina 50 N/Glenwood Ave toward Crabtree Valley/ Durham %a 5. Merge onto US-70 W/Glenwood Ave Continue to follow US-70 W About 20 mins 6. Take exit 286 for Cheek Rd 7. Turn right onto Cheek Rd About 2 mins + 8. Turn left onto Harvest St Destination will be on the right About 2 mins n 1036 Harvest St, Durham, NC 27704 go 0.1 mi total 0.1 mi go 0.7 mi total 0.8 mi go 1.4 mi total 2.2 mi go 0.4 mi total 2.6 mi go 16.2 mi total 18.8 mi go 0.2 mi total 19.0 mi go 1.1 mi total20.1 mi go 0.4 mi total 20.5 mi These directions are for planning purposes only. You may Find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route. Map data 02013 Google Directions weren't right? Please find your route on ma s. oo le.com and click "Report aproblem" at the bottom left. https:Hmaps.google.com/maps?f--d&source=s_d&saddr=3800+Barrett+Drive,+Raleigh,+N... 10/1 /2013 WN TF `O�Q 9Q6. Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources y Alan W. Klimek, P.E., Director Division of Water Quality Mr. Benjamin G. Fuller Fuller's Auto Parts 1036 Harvest Street Durham, NC 27704 Dear Mr. Fuller: June 27, 2003 Subject: General Permit No. NCG100000 Fuller's Auto Parts COC NCG10a155 Durham County s In accordance with your application for discharge permit received on May 12, 2003, 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 .l 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 Water Quality. The Division of Water Quality 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 Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mack Wiggins at telephone number 919/733- 5083 ext. 542. cc: Raleigh Regional Office Central Files Stormwater and General Permits Unit Files Sincerely, ORIGINAL SIGNED BY WILLIAM C. MILLS Alan W. Klimek, P.E. ffC—D 9 0 Customer Service 1 800 623-7748 Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 I STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCGI00000 CERTIFICATE OF COVERAGE No. NCGIO0155 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, Benjamin G. Fuller Fuller's Auto Parts is hereby authorized to discharge stormwater from a facility located at Fuller's Auto Parts 1036 Harvest Drive northeast Durham Durham County to receiving waters designated as an unnamed tributary to Ellerbe Creek, a class WS IV NSW water in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, II1, IV, V, and VI of General Permit No. NCG100000 as attached. This certificate of coverage shall become effective June 27, 2003 This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day June 27, 2003 ' .:r'; . ORIGINAL SIGNED BY WILLIAM C. MILLS Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission K'1 L'' d Hi.lsw CJ i� I p� Sys T r r.i N6 1;�,o, Maw Fist go w �a• 3 1 y���� �74f L jam. \jII ydi 1 5 f �= ,1 ii l I-. 11�1-\\_ I1 S i� 1 \' ��, I)"••. 1..-� / �I f I . I I ?, 1�. h I:• - . Copyright (C) 1997, Maptech, Inc. ;Y./rik C3 "Al Markers Name: Discharge Site-NCG100155 Short Name: Dschrg Coordinates: 0360 00' 38.9" N, 0780 50' 41,3" W Comment: Fullers Auto Parts, Subbasin 030401, Neuse River Basin, Durham County, unnamed tributary to Ellerbe Creek, Class WS IV -NSW, Quad C23SW