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HomeMy WebLinkAboutNCG100182_COMPLETE FILE - HISTORICAL_20120507NORTH CAROLINA Department of Environmental Qual STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. DOC TYPE HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE p (:� 0la 05io YYYYMMDD RECEIVED M AY - 7 2012 May 2, 201 2 DWQ-WARD Mr. Al Hodge, Regional Supervisor North Carolina Department of Environment and Natural Resources Surface Water Protection Section 943 Washington Square Mali Washington, North Carolina 27889 Subject: RESPONSE TO NOTICE OF VIOLATION DATED APRIL 26, 2012 NOV-2012-PC-0154 YOUNG'S AUTO CENTER AND SALVAGE DUDLEY, WAYNE COUNTY, NORTH CAROLINA Dear Mr. Hodge: This letter is in response to the Notice of Violation (NOV) issued to Young's Auto Center and Salvage (Young's) by your office dated April 26, 2012. We have responded to the items in your NOV in the order that they were presented. Items 2 and 3 below also serve as the "Plan of Action" requested in the NOV. l . Permit Status — We were under the impression that our permit had been renewed. We are in the process of obtaining a renewal package and anticipate having the renewal into the Permitting Unit within the next 30 days. 2. Used Oil and Antifreeze Totes The NOV references the current method of storing 300- gallon tote containers of used oil and antifreeze as a violation of "implementation of SPPP plan as listed in section A of the NPDES General Stormwater Permit." The general stormwater permit (NCG 100000) requires facilities to implement best management practices and review the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. However, we do not_a ree that requires_us alter our current practices if not deemed technically orb one �ically feasible. As such, Young's does not agree that this practice is in violation of our general permit. Re ardless base n the recent events, we are in the process of looking into alternative means of storing these materials. If our interpretation of this Rortion of the eneraLpermit_is_in error or if there are other issues t at we s ould address with respect to this item, please let us know. 3. Disposal Activities — The NOV references a "large pit where sludge and possibly oil was buried". This was not a pit, but rather a bermed area that was used to contain a spill of used oil that occurred when a tote ruptured while it was being moved. Young's has retained Mid - Atlantic Associates, Inc. to assist us with addressing this release under the direction of the Underground Storage Tank Section. i UNITED STAT S PQ First -Class Mail Postage &Fees Paid ...:+..•'. a';l"`.+�r'� .uu ;.",�'r,<�lgi� �`.'kS��.Y.'�r.. :`: �ri. ;. fit' Y � � .y f • Sender: Please print your name, address, and ZIP+4 in this box • 1 N. C. Department of Environment & Natural Resources Washington Regional Office DWQ/Surface Water Protection 943 Washington Square Mall Washington North Carolina 27889 1 Response to Notice of Violation dated April 26, 2012 Young's Auto Center and Salvage Dudley, North Carolina May 2, 2012 Page 2 Areas of Stained Soil — The NOV also references at least 6 locations where it appeared containers had been emptied onto the ground. Upon further investigation, we discovered that several disgruntled employees (who are no longer with Young's) had emptied several totes of wastewater in these areas. The water was generated during pressure washing of engines, etc. and was containerized pending off -site disposal. As directed by Mr. Dumpor and Mr. Edgerton, we have excavated the impacted material in these areas and stockpiled the soil on site under plastic. We have also replaced the soil with clean fill and re -seeded the areas. The stockpiled material will be taken off site for disposal within the next 30-days with the impacted material from the tote rupture mentioned above. We appreciate the opportunity to respond to the NOV. improve our operations and environmental compliance. as witnessed by our proactive response to this NOV, warranted with respect to this matter. Sincerely, YOUNG'S AUTO CENTER AND SALVAGE Steve Wiggins, General Manager cc: Mr. Ricky Young The recent events have illustrated ways to Based on our commitment to compliance, we do not feel any additional action is Postal CERTIFIED y RECEIPT O (Domestic Mail Only; � I er1For delivery information visit our website pp r g^ Postage $ L Certifled Fee �j•� /� © PosMp3gt� p Return Receipt Fee Q (Endorsement Required) 15 13 Restricted Delivery Fee y�� (Endorsement Required) Y Y w� rq rq Total Postage & Fees 15—, O n ra MR. ROCKY YOUNG C3o P YOUNG'S AUTO CENTER 8, SALVAGE ..'....-- 4172 US 117 S. ALTERNATE DUDLEY, NC 28333 y 4 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Charles Wakild, P.E. Director April 26, 2012 CERTIFIED MAIL 97011 0110 0000 9948 3570 RETURN RECEIPT REQUESTED Mr. Ricky Young Young's Auto Center & Salvage 4172 US 117 S. Alternate Dudley, NC 28333 Dear Mr. Young: Dee Freeman Secretary Subject: NOTICE OF VIOLATION NOV-2012-PC-0154 Young's Auto Center & Salvage Permit No. NCG 100182 Wayne County As result of an anonymous complaint, on April 4, 2012, Mr. Samir Dumpor and Mr. Thom Edgerton of the Division of Water -Quality inspected the Young's Auto Center & Salvage located at 4172 US 117 S Alt. in Dudley, Wayne County, NC. Mr. Dumpor and Mr. Edgerton met on site with Mr. Steve Wiggins, General Manager of the Young's Auto Center & Salvage and conducted a site inspection of the subject site to determine compliance with permit NCG 100182. On March 3, 2006, Mr. Ricky Young was issued permit number NCG 100182 according to G.S. 143-215.1(a) and Title 15A North Carolina Administrative Code (hereby known as NCAC) 21-1.0126 for the Young's Auto Center & Salvage facility to allow the discharge of stormwater to the surface waters of North Carolina, namely to receiving waters designated as an unnamed tributary to Poplar Branch, a class B-NSW water in Neuse River basin. Mr. Dumpor and Mr. Edgerton observed the following: The records and the file review discovered that the Permit status is "Expired". It appears that the annual fees have been paid regularly, however the renewal of this permit was not performed, which is a violation of the Section B. General Conditions,1, of the NPDCS General Permit NCG0100182. N. C. Division of Water Quality Washington Regional Office 943 Washington Square mall, Washington , NC 27889 Phone 252-946-6481 1 FAX: 252-946-92151 Customer Service: 1-877-623-6748 Internet: www,ncwaterquality.org An Equal Opportunity V Affirmative Action Employer One NorthCarolina Natura!!t, Page 2 of 3 Mr. Ricky Young Wayne County 2. At three locations on this site, several approximately 300 gallons tote containers with used oil and antifreeze has been stored in the open, waiting to be picked up for recycling. This is a violation of implementation of SPPP plan as listed in section A of the NPDES General Stormwater Permit. 3. Mr. Dumpor and Mr. Edgerton together with Mr. Wiggins visited the back of the site, where the anonymous call alleged some illegal disposal activities. We discovered a large metal container used for burning with remnants of pallets, cardboard and two plastic tote containers to be burned (according to an employee of the Young's Auto Center and Salvage). Mr. Dumpor and Mr. Edgerton discovered also one large pit where the sludge and possibly oil was buried and at least 6 more locations with oily stains at the ground where the tote containers were being emptied. According to Oil Pollution & Hazardous Substances Control Act — Unlawful Discharge: G.S. 143-215.83 states that it shall be unlawful, except as otherwise provided in this Part, for any person to discharge, or cause to be discharged, oil or other hazardous substances into or upon any waters, tidal flats, beaches, or lands within this State, or into any sewer, surface water drain or other waters that drain into the waters of this State, regardless of the fault of the person having control over the oil or other hazardous substances, or regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause.. Required Response Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address and include the following: 1. Submit a complete renewal application to: a. DWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 — 1617 (Contact Mr. Bradley Bennett at 919-807-6378) 2. Provide a written "Plan of Action" which outlines and details the actions you will take to correct the violations listed in items 2 and 3 and a time frame for completion of those actions. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately and properly resolved. Environmental damage and/or failure to secure proper authorizations have been documented on the subject tract as stated above. Your efforts to undertake activities to bring the subject site back into compliance is not an admission, rather it is an action that must be taken in order to begin to solve ongoing environmental issues. Pursuant to G.S. 143-215.5A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above -mentioned response to this correspondence, the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any civil Page 3 of 3 Mr. Ricky Young Wayne County penalty assessment process that may occur. Should you have any questions regarding these matters, please contact Samir Dumpor or myself at (252) 946-6481. Si erely, Al Ho ge Regional Supervisor Surface Water Protection Section CC' WaRO File Copy Katie Merritt — WBS Compliance & Permits Unit, Archdale Building DWQ Central Files µ- NCG 100182 - File Copy Scott Bullock, UST, Washington Regional Office Robert Fisher, DAQ, Washington Regional Office a Compliance Inspection Report Permit: NCG100182 Effective: 03/03/06 Expiration: 08/31/07 Owner: Youngs Auto Center & Salvage SOC: Effective: Expiration: Facility: Young's Auto Center & Salvage -Dudley County: Wayne 4172 US Hwy 117 S Alt Region: Washington Dudley NC 283337240 Contact Person: Ricky Young Title: Phone: Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): On -site representative Steve Wiggins Phone: Related Permits: Inspection Date: 0410412012 EntryTime: 10:00 AM Exit Time: 11:30 AM Primary Inspector: Samir Dumpor Phone: 252-948-3960 Secondary Inspector(s): Thom Edgerton Phone: Reason for Inspection: Complaint Inspection Type: Compliance Evaluation Permit Inspection Type: Used Motor Vehicle Parts Stormwater Discharge COC Facility Status: Q Compliant ■ Not Compliant Question Areas: N Storm Water (See attachment summary) Page: 1 Permit: NCG100182 Owner - Facility: Youngs Auto Center & Salvage Inspection Date: 04/04/2012 Inspection Type: Compliance Evaluation Reason for Visit: Complaint Inspection Summary: Page: 2 Permit: NCG100182 Owner - Facility: Youngs Auto Center & Salvage Inspection 4ate: 04/04/2012 Inspection Type: Compliance Evaluation Reason for Visit: Complaint Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ Cl # 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)? ■ ❑ Cl Cl # 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? ■ ❑ ❑ Cl # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ ❑ ❑ Comment: As a standard procedure, upon arrival, a car will undergo a process of drainage of the fluids (oil, antifreeze, sludge..), removal of batteries and mercury switches. This process is being performed in the shop under the roof. All incidental oil and antifreeze drainage is being collected and pumped via sump pump into the approximately 300 gallons tote,containers. There were 3 locations on this site where these conatiners were stored out in the open and unprotected, waiting to be picked up for recycling. It was also discovered that unknown quantity of sludge and/or oil has been burried in one big pit, and some of the same fluids discharged (at least 6 locations) into the vegetation at the back of the site. One large metal container was found containing burned remnants of pallets , cardboard and couple of empty old tote containers located close by, which were to be burned according to employee of the Young's Auto Center & Salvage. Permit and Outfalls Yes No NA NE # 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? ■ ❑ ❑ ❑ Page: 3 Permit: NCGI O0182 Owner - Facility: Youngs Auto Center & Salvage Inspection Date: 04/04/2012 Inspection Type: Compliance Evaluation Reason for Visit. Complaint Comment: Permit expired on August 31, 2007. Needs renewal Page: 4 Young's Auto Center & Salvage Inspection — pictures (April 04, 2012) . Unprotected and uncovered oil containers old empty oil containers to be burned Oil spill where containers were emptied pit where oil is burried One of many oil spills, where containers were emptied Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural ReSOUTCCS Alan W. Klimtk, P.E. Director Division of Water Quality May 23, 2006 Mr. Ricky Young Young's Auto Center & Salvage 2500 NC 242 South Benson, NC 27504 Subject: Stormwater General Permit NCG100000 Operations and Maintenance Reminder Young's Auto Center & Salvage COC Number- NCG100182 Wayne County Dear Permittee: Our records indicate that you have been issued a Stormwater General Permit and a Certificate of Coverage for your facility. These permits have specific conditions that must be met in order for you to be in compliance with your permit. It is your responsibility, as the permit holder, to read and comply with the conditions contained in the permit. It is our responsibility, as the issuing authority, to make sure that the operation and maintenance of your facility complies with the conditions contained in your permit. To assist you in complying with these conditions, we are attaching a Technical Bulletin specific to your permit requirements. We are currently in the process of developing our inspection schedule. Therefore, you should have all of your records up to date as we may be contacting you in the near future to set up an inspection of your facility. 1f you have any questions, please do not hesitate to contact Samir Dumpor, Pat Durrett or myself at (252)946-6481. Sincerely A. L. Al Hodge, Supervisor Surface Water Protection Unit Encl. CC: WaRO files North Carolina Division of Water Quality IntemeC h2o. enr. state. nc.us; 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 NorthCaroiina Aatmrally An Equal opportuniNlAffirmative Action Employer— 50% Recyc;ed110% Pos: consumer Fader [Fwd: Re: (no subject)] Subject: [Fwd: Re: (no subject)] From: Ken Pickle <ken.pi ckl e@ncmail. net> Date: Mon, 15 May 2006 18:09:43 -0400 To: pat.durrett@ncmail.net Subject: Re: (no subject) From: Ken Pickle <ken.pickle@ncmail.net> Date: Mon, 15 May 2006 18:05:36 -0400 To: Rose Ballance <Rose.Ballance@ncmail.net> CC: Bethany Georgoulias<bethany.georgoulias@ncmai 1. net>, "Pat Durrett"@ncmail.net Rose, Certificate of Coverage NCG100182 was issued to Young's Auto Center & Salvage in Dudley effective March 3, 2006. Bethany Georgoulias in our unit processed the application. A copy of the Certificate of Coverage was sent to WARD at the time. Pat Durrett has been on site and recommended permit coverage for this site prior to issuance. Bethany is out this week, but I can help you with any general questions about. the General Permit NCG10. In Bethany's absence, please contact me if you want to discuss any aspect of the General Permit and what it requires of the permittee. Ken Rose Ballance wrote: Ken, can you tell me who is in charge of'Wayne County stormwater permits? I am specifically interested in Young's Auto & Salvage. Thanks Rose Content -Type: message/rfc822 Re: (no subject)' Content -Encoding: 7bit of 1 5/15/2006 6:10 PM NCG NO VI - March 3, 2006 Mr. Ricky Young 2500 NC 242 South Benson, North Carolina 27504 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality MAR 0 9 Z006 Subject: General Permit No. NCG 100000 Youngs Auto Center & Salvage COC No.-NCG100182 � ---Wayne -County Dear Mr. Young: In accordance with your application for a discharge permit received on January 23, 2006, 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 May 9, 1994 (or as subsequently amended). 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 Bethany Georgoulias at telephone number (919) 733-5083 ext. 529. Sincerely, Alan W. Klimek, P.E. CC' Washington Regional Office Central Files Stormwater Permitting Unit Files No hCaroIina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Internet: www.ncwaterQuality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper Customer Service 1-877-623-6748 _ • STATE OF NORTH CAROLINA. - DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG100000 CERTIFICATE OF COVERAGE No. NCG100182 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, Ricky Young is hereby authorized to discharge stormwater from a facility located at Young's Auto Center & Salvage 4172 U.S. 117 South Alternate Dudley Wayne County to receiving waters designated as an unnamed tributary (UT) to Poplar Branch, a class B-NSW water in the Neuse River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V, and VI of General Permit No. NCG100000 as attached. This Certificate of Coverage shall become effective March 3, 2006. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day March 3, 2006. for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission LOCATION MAP: '^x rrSh,�'Ym� as�a :a >Rwc �u« •l �� 2S. j� 3`j�� r rOrFCr 1 .� Pdrk , E 44 3�.t."a �`d)� i�/ f —c"' e ;��'`-�4r�(✓"('r�� p � rt� r�, ��/"l.�' M�r'>`�y,- e ��:. yrt¢g�,Y r I1rPV3_­ �- �����1 rir Croy``-4 V 3iape 1926 4V ,�dP��,����.s ♦. � 1.1 1 1730 Young's Auto Center & Salvage Latitude: 35'17'30" NCG 100182 Longitude:78'1'24" Facility i ,' Youngs Auto Center County: Wayne Location Stream Class: B-NSW &Salvage Receiving Stream: UT to Poplar Branch Sub -basin: 03-04-12 (Neuse River Basin) rffotth ICALIF 1:24,000 NCG 100182 Young's Auto Center - Dudley rev. 2/23/2006 February 17, 2006 B. Georgoulias Summary This facility submitted a Notice of Intent to be covered under General Permit NCGI00000 (Used Motor Vehicle Parts). The stormwater discharge drains to a UT to Poplar Branch (Class B-NSW), in the Neuse River Basin. This facility is located in Wayne County, handled by the Washington Regional Office. Application review a) The permit application has been signed and sufficiently completed. Yes. Note — applicant did not fill out discharge point(s), so determined by topo map. WaRO confirmed this site has point source discharges but requested a site map with discharge points. l a } �iticzi) b) The SIC code accurately describes this facility's activities and is covered by this general permit. Yes, SIC 5015 (Used Motor Vehicle Parts). c) Does this facility have other permits? No d) Hazardous Waste Activities? May be small quantity generator —not checked on form, but did indicate that used oil is stored in double -walled containers under a shelter and picked up once a year by Noble Oil Co. e) DLR Mining Permit status requested: N/A f1 RegionaI Office input requested: 2/20/2006 (WaRO contact P. Durrett). RO Approval received: 2/20/2006 (see attached e-mail). g) Is an ATC Required? N/A h) Application approved? Yes. i) Special Notes: None Phone logs Phoned Ricky Young (919.894.3500) 2/23/06 to request site map with discharge points. Have contracted with James Environmental to develop SPPPs—consultants were just out at sites to do audit of stormwater discharge outfall locations, etc. Phoned Ken Wludyka of James Environmental (512.244.3631). In process of developing SPPPs for all four yards; will fax site map for Dudley in about a week. Re: Young's Auto Salvage Subject: Re: Young's Auto Salvage From: Bethany Georgoulias<bethany.georgoulias@ncmail.net> Date: Mon, 20 Feb 2006 14:51:28 -0500 To: "Pat.Durrett" <Pat.Durrett@ncmai1.net> Pat, Thanks for the confirmation of a point source discharge. Regarding the site map - yes, that would be a very helpful thing to have (and often missing). Technically it's not part of the NOI requirement (only the USGS or County map is listed), and in this case because it's an existing site, they have a year (I know, a little long) to develop their SPPP...which must include a site map with all those points on it. But I'll be glad to request it prior to issuing the COC. Bethany Georgoulias Environmental Engineer NC DENR DWQ Stormwater Permitting Unit (919) 733-5083, ext. 529 bethanv.georgoulias@ncmail.net Pat.Durrett wrote: Thanks. I looked over the application and have been to the site. This one is actually a very clean site, but they did not indicate on No. 7 the discharge points. I know for sure that they have at least one, and I am sure others, that leave the site by way of drainage ditches to roadside ditches. They were supposed to be contracting with a firm to develop their PPP. No problem that we know of, go ahead and issue the COC. (Can we ask them to provide a site plan showing all of their drainage and possible discharge points?) Thanks. Pat ,z' 10 Bethany Georgoulias wrote: So sorry, Pat! Both came in at the same time and I mixed the file. Here's the right one. Bethany Georgoulias Environmental Engineer NC DENR DWQ Stormwater Permitting Unit (919) 733-5083, ext. 529 bethany.georgoulias@ncmail.net Pat.Durrett wrote: ✓ a�Jo-,313fib(, them up when I saved Hey there Bethany, The NOI from Young's Auto Center that you attached is for one of his sites in Nash County. Could you please send me the one for Dudley. Thanks. Pat Bethany Georgoulias wrote: Hi, Pat, We've received an NOI from Young's Auto Center - Salvage in Dudley (Wayne Co.) for coverage under the stormwater general permit for Used Auto Parts, NCG100000. This is an existing facility (the owner's gotten NOVs for other sites in the Raleigh Region, so they're getting all their locations covered). They discharge stormwater to a UT to Poplar Branch, class B-NSW. I of 2 2/20/2006 2:52 PM Re: Young's Auto Salvage a The NOT is attached. Does the Washington Regional Office have any concerns with issuing a COC to this facility? If we don't receive any objections in 30 days, we plan to issue the COC. Thanks, BG Bethany Georgoulias Environmental Engineer NC DENR DWQ Stormwater Permitting Unit (919) 733-5063, ext. 529 bethany.georgculias@ncmail.net Pat.Durrett wrote: Bethany, Al asked me to look over this NOI request. 'I have not been to the site, however, since there is no dewatering activity, flows should not be sufficient enough to cause a problem. Also, it travels through a swampy area before it reaches Ready Branch so hopefully there will be no turbidity issues. Go ahead and issue the NOT. If you have questions, do not hesitate to contact me. Pat 2 of 2 2/20/2006 2:52 PM MAR-02--2006 14:14 James Environmental 512 244 0863 P.01 Fax James Environmental Management, Inc. To: Georgouoias Buffanty From: Ken Wludyka Fax: 919-733-9612 Fax: 512-244-0853 Phone: 919-733-5083 x 529 Phone: 512-244-3631 Date: 3/2/2006 2:21 PM Pages: 2 (including cover) Subject: Young's Auto Center & Salvage/Car Crushers Notes: I am sending you the finished site map as requested for the yard in Dudley, NC. I am also mail you an original in tabloid size 11x17 or a copy via email in pdf if you need it. Please call the office and speak to David if you need a hard copy of email copy. Thanks. Ken Wludyka 3r 7r OUTFALL W2 SAlyPL5 POP4 -- -SW OWE 5015 vBOME" t CRM 41 MFORT- OOM A NOT CN USE VEHICLE Wo" EORROW Fir GAa TAKP�3 o000 IIIBi=EBETACKED TAMS FOR CRUSH u James Environmental Management, Inc. Round Rock, Texas ----------- Ir I&M §T= 7r 02." SC COOE SKS 71 ----- ---------- -------------------------- -------------------- .. S2 i r --- ------------ --- - ------------- J' — --------- .. ..... .... E N. Own ascw 0 0 C) ------ ANToctia m K7, --- ----------------------------- 4 STOPM F AREA .... .... � 7� --------------- STOR-- -------------------- ----------- - n�16LE M -----A-- — --- — ----------- I RACZF. AREA ------------------------------------------------ SfTE PLAN CCWAW DailAWD WM ACCESSEhM?e WM9 W IS-02-V77W A x --------------------------------------- ---------------------- HCLD.W AAAWFENCED WERFLOW ----------------------- "OLDM ----------------------- HOLDL-4 AREA -------------- I ------------------------------------------ ----------- — ---------- - HOLDLR; AREA U-67ORE BUI U-STORE BLnDXG YOUNG*S AUTO CENTER & SALVAGEICAR CRUSHERS DUDLEY, WORTH CAROLINA 1"--190* 1 340040 ti OFIG 2 06 to C) 0 0-) 't North Carolina Department of Environment and Natural Resources AG NC General Permit for Stormwater Discharge from .Auto Wreeking & Salvage Yards Technical Bulletin for NCG 100000 Last Revised 11/112007 What is it? NCG100000 is a general permit allowing stormwater runoff to be discharged from auto wrecking and salvage yards. The stormwater permit program is administered by the Division of Water Quality (DWQ), Stormwater Permitting Unit. Why is this permit important? Stormwater permits are required for many businesses that have a potential to pollute North Carolina's streams, rivers, and lakes. For several common industries, DWQ provides general permits so that businesses don't have to spend extra time and money to develop a special, individual permit. In addition to auto wrecking and salvage yards, general permits have been developed for industries such as mining sites, ready -mix concrete sites, construction sites, and landfills. Who needs it? • Auto salvage yards (Used Auto Parts —SIC 5015) and scrap yards (Scrap and Waste Materials— SIC 5093) • Excludes wholesale metal waste and scrap operations (a subset of SIC 5093; covered by a different permit, NCG20) So remember, compliance with this permit helps protect our lakes, streams, rivers, and coastal waters. You should read and comply with the conditions ol'your permit. NOTE: SIC = Standard Industrial Classification (1) Photo from—http://www.sasforks.com/ What does this permit require me to do? Among other things, the permit. requires the owner/operator to do the following important items: • Have a Stormwater Pollution Prevention Plan (SPPP) • Keep pollutants away from rain water. (oils, anti -freeze, etc.), and control runoff from your site by Best Management • Practices (BMPs) • Sample stormwater runoff during rain events • • Submit required reports and keep records as listed in the permit. Stormwater Polliaion Prevention Plan • An SPPP is a written plan for preventing stormwater runoff pollution. You must keep it on site and follow all activities listed in it. It; must include: Local man showing the facility location relative to streams and roadways Sources ofnollutants—a list of materials and activities that might pollute, like oil storage, or loading and unloading Site may showing: drainage areas, direction of flow, and equipment and materials storage and handling locations • Management Plan (i.e., how the site will reduce exposure and control runoff, BMPs, etc) • Spill prevention and response procedures, in writing • Inspection schedule • Maintenance & housekeemna procedures • Employee training • Certification Statement by owner 0 • PAGE 2 ! NC GENERAL PERMIT FOR 5TORMWATER TECHNICAL BULLETIN FOR NCG100000 What does this permit require me to do? (continued) Best Mana ement practices • Maintaining erosion controls check) during a rainfall event at • Others each SDO (Stormwater Discharge ! Some type of BM.P is required to prevent runoff pollution. Auto i salvage yards have used a number of BMPs including: • Good housekeeping (clean up oil storage areas and others) i • Removal of fluids (gasoline, oil, antifreeze, refrigerants, power steering, etc.) immediately upon ! receipt of vehicle AND upon i containment pads to prevent spillage • Removal and proper storage i (under cover) of such sensitive materials as batteries, tires, mercury switches, and others ! • Preventing wash down and leaks from contacting the ground Records i All records listed in the SPPP as well as monitoring records must be kept on site. How can 1 reduce my costs for monitoring? If you have more than one place where runoff leaves your site, you may request that DWQ grant you "representative outfall status". So, instead of sampling at three or four locations, you can sample at only one. DWQ will visit Help is on the way M! DWQ and the In NC: State Indus -trial Extension Service have a form to help you ! in the development; of an SPPP. The form is available from DWQ's regional office, or by visiting: • {{ http://h2o.eiir.stat,,.ne.us/su I Outfall). Both analytical and qualitative monitoring are only required twice per year, if runoff M srr�� -t. E;: ";_.• pollution is controlled. Example BMP showing batteries stored above ground (on pallet) and under cover (inside storage building) Water Quality Monitoring The permit requires analytical stormwater monitoring by a lab, and qualitative monitoring (visual your site to see if representative outfall status is appropriate. Who inspects me and for what ? DWQ personnel from the regional office may visit the site and look to see if you have the permit, an acceptable SPPP, and evidence; that you are following your SPPP. These inspections may be routine or the result of public complaints. I Nan -Compliance and Fines 'fake compliance seriously! Stormwater sample being collected. Sample should be taken at SDO, which is typically at the lowest point before water leaves the property. Facilities that violate stormwater permit conditions are subject to fines. Civil penalties of up to $25,000 per day may be assessed for each violation. How do I apply for the Permit? Submit a Notice of Intent (NO]) for coverage under the General Permit No. NCO 100000. ff you are approved, you will receive a Certificate of Coverage (COC) along with a copy of your permit. Who can help me with questions? Your questions about stormwater permit requirements can be addressed to the Division of Water Quality Regional Offices: Asheville Office......... (828) 2964500 Washington Office Fayetteville Office ...... (910) 433-3300 Wilmington Office........ Mooresville Office...... (704) 663-1699 Winston-Salem Office.... Raleigh Office........... (919) 7914200 Central Office .............. �� For more informarion about the Programs of the Division of Water ¢ Stormwater Permitting Unit, see our home page at: � http: / /h2a.e�state,nt.us/su (252) 946-6491 (910) 796-7215 (336) 771-5000 (919) 733-5083 C C-01" U V � Permit No. NCG100000 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 In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater to the surface waters of North Carolina or separate storm sewer systems conveying stormwater to surface waters in accordance with the terms and conditions set forth herein. Coverage under this general permit is applicable to all owners or operators of stormwater point source discharges associated with activities classified as establishments primarily engaged in activities classified as Used Motor Vehicle Parts [Standard Industrial Classification (SIC) 5015] and Automobile Wrecking for Scrap (a portion of SIC 5043). The following activities are specifically 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, 2007. The General Permit shall expire at midnight on October 31, 2012. Signed this day October 17, 2007. Original signed by Coleen Sullins Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission 0 Permit No. NCG100000 TABLE OF CONTENTS Is PART I INTRODUCTION Section A: Genera] 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: 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 G. Property Rights 7. Severability S. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions I . General Permit Expiration 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested 5. Signatory Requirements b. General Permit Modification, Revocation and Reissuance, or Termination 7. Certificate of Coverage Actions • Section C: Operation and Maintenance of Pollution Controls 8 f Permit No. NCG 100000 I . Proper Operation and Maintenance • 2. Need to Halt or Reduce not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Non-Stormwater Discharges 6. Representative Outfall 7. Records Retention 8. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges i5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS • if Permit No. NCG 100000 PART I INTRODUCTION E SECTION A: GENERAL PERMIT COVERAGE All persons desiring to be covered by this General Permit must register with the Division of Water Quality by the filing of a Notice of Intent (NOT) and applicable fees. The NOT shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity that has a point source discharge to the surface waters of the state. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to commencement of discharge. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been revoked. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification NOT form to the Division, must receive i approval by the Division, must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit, and must reapply for the No Exposure Exclusion once every five (5) years. Facilities submitting NOIs for coverage under this permit, and facilities submitting renewal forms for continued coverage under this permit, prior to establishment or approval of a Total Maximum Daily Load (TMDL) for pollutant(s) for stormwater discharges (i.e. wet weather flows), may be covered under this permit during its term. For such facilities, continued coverage under the reissuance of this permit is subject to the facility demonstrating that it does not have a reasonable potential to violate applicable water quality standards for such pollutants due to the stormwater discharge(s). For facilities that do have a reasonable potential for violation of applicable water quality standards due to the stormwater discharge(s), the facility shall apply for an individual permit 180 days prior to the expiration of this general permit. Once the individual permit is issued and becomes effective the facility will no longer have coverage under the general permit. Impaired waters scheduled for TMDL development are on North Carolina's 303(d) List and can be found here: http://h2o.enr.state.nc.us/tmdl/General_303d.htm#Downloads. A list of approved TMDLs for the state of North Carolina can be found here: http://h2o.enr.state.ne.us/tmdl/General_TMDLs.htm. 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 I of 2 Pages �' - ru ► . �I�IIIIIIIIII] • SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. The stormwater discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part 1 Page 2 of 2 Pages Permit No. NCG100000 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES 0 SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part 11I, Standard Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. The map should identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. S North Carolina's 303(d) List can be found here: http://h2o.enr.state.ne.us/tmdI/General_303d.htm#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.nc.us/tmdi/TMDL_list.htm#Final_TMDLs (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn to scale (including a distance legend) identifying and indicating the location of: the site property boundary, the stormwater discharge points, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. 0 Part 11 Page 1 of 8 Pages Permit No. NCG 100000 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 5. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage 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 directly 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), and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. s. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of the potential of pollutant sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the Part 11 Page 2 of 8 Pages Permit No. NCG100000 SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil SPCC plan may be a component of the SPRP but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. . 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include re -certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part 111, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. Facility Inspection Program. Inspections of the facility and all stormwater systems shall occur 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). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. These Part I1 Page 3 of 8 Pages Permit No. NCG 100000 L� facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part H of this permit. 9. Implementation. The permittee shall implement the Plan. The permittee shall document 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 years and made available to the Director or the Director's authorized representative immediately upon request. SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. Table 1. Analytical Monitoring Requirements Discharge Characteristics Units ' Measurement. Fre uenc 1 Sample Type2 Sample Locations H standard semi-annual Grab SDO Oil and Grease m /l semi-annual Grab SDO Lead, Total Recoverable mg1l semi-annual Grab SDO Total Suspended Solids m Il semi-annual Grab SDO Ethylene Glycol m semi-annual Grab SDO Total Toxic Or anics5 m semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain au e - Footnotes: I Measurement Frequency: Twice per year during a representative storm event. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. 5 For purposes of this permit the list of Total Toxic Organics is that list as stated in Appendix D, Table I1 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 may be waived. The Solvent Management Plan shall be incorporated as a separate chapter into the Stormwater Pollution Prevention Plan. The Solvent Management Plan shall include an annually updated and quantified inventory of the total toxic organic compounds present on site during the previous three years; a narrative description of the in -plant locations and uses of the toxic organic compounds, the method of disposal including quantities disposed on -site and off -site; and 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. Part II Page 4 of 8 Pages Permit No. NCG 100000 For those facilities electing to employ the TTO sampling waiver, the discharger 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 requirement for total toxic organics (TTO), I 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 or stormwater runoff has occurred since filing 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." All analytical monitoring shall be performed during a representative storm event at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. The permittee shall complete the analytical samplings in accordance with the schedule specified in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule Monitoring period1 Sample Number Start End Year 1 — Period 1 1 January 1, 2008 June 30, 2008 Year 1 — Period 2 2 July 1, 2008 December 31, 2008 Year 2 —Period 1 3 January 1, 2009 June 30, 2009 Year 2 — Period 2 4 July 1, 2009 December 31, 2009 Year 3 — Period 1 5 January 1, 2010 June 30, 2010 Year 3 -- Period 2 6 July 1, 2010 December 31, 2010 Year 4 —Period 1 7 January 1, 2011 June 30, 2011 Year 4 — Period 2 8 July 1, 2011 December 31, 2011 Year 5 — Period 1 9 January 1, 2012 June 30, 2012 Year 5 — Period 2 10 July 1, 2012 October 31, 2012 Footnotes: Maintain semi-annual monitoring during permit renewal process. If at the expiration of the general permit, the perntittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be considered for renewed coverage. The applicant must continue semi-annual monitoring until the renewed Certificate of Coverage is issued. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. • Part H Page 5 of 8 Pages Permit No. NCG 100000 • 0 Monitoring results shall be compared to the benchmark values in Table 3. Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analytical Monitoring Requirements Discharge Characteristics Benchmark Value H Within the range 6.0 - 9.0 Oil and Grease 30 rn Lead, Total Recoverable 0.03 mg/1 Total Suspended Solids 100 m Ethylene Glycol 14 m Total Toxic Organics I I 1 mg/1 Footnotes: I For those covered facilities that elect to monitor for TTO rather than implement a Solvent Management Plan. TTO includes multipie organic compounds with varying environmental impact; the Division may evaluate the site specific constituents from the TTO analyses and work with the facility to determine a more appropriate chemical - specific value that could differ from this benchmark. DWQ may require the permittee to provide controls for materials that DWQ concludes are present in significant, or potentially significant, amounts. Tier One If: The sampling results are above a benchmark value, or outside of the benchmark range, for any at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations to 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 Stormwater Pollution Prevention Plan. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were ted. Part H Page 6 of 8 Pages Permit No. NCG 100000 Tier Two If: During the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row: Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. During the term of this permit, if the sampling results exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on more than four occasions, DWQ may: Require that the permittee increase or decrease the monitoring frequency for the remainder of the permit; • 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 install other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. • 9 r� Part H Page 7 of 8 Pages Permit No. NCG100000 9 SECTION C: QUALITATIVE MONITORING REQUIREMENTS E • Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequency Monitoring LocatioO 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 and deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Part 11 Page 8 of 8 Pages Permit No. NCG100000 PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS • SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing facilities already operating, but applying for coverage under this general permit for the first time: Secondary containment, as specified in Part II, Section A, Paragraph 4 of this permit, shall be accomplished within 12 months of the effective date of the initial Certificate of Coverage. All other requirements, conditions, limitations, and controls contained in this permit become effective immediately upon issuance of the Certificate of Coverage. New facilities applying for permit coverage for the first time and existing facilities previously permitted and applying for renewal under this general permit: All requirements, conditions, limitations, and controls contained in this permit become effective immediately upon issuance of the Certificate of Coverage. 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 and is grounds for enforcement action; for certificate of coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 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, is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates such sections, or any permit condition or limitation is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be 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. Any person who knowingly violates such sections, or any permit 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 Part III Page 1 of 11 Pages Permit No. NCG 100000 more than 6 years, or both. Any person who knowingly violates such sections, or any permit conditions or limitations, 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 of the Clean Water Act) 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. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] c. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed • $27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $137,500. 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. 4. Civil and Criminal Liability Except as provided in Section D of this permit regarding bypassing of stormwater control facilities, nothing in this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143- 215.3, 143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liabilit • Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which Part III Page 2 of 11 Pages Permit No. NCG 100000 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 invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 7. Severability The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. 0 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Re orts 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. Is Part III Page 3 of 11 Pages Permit No. NCG 100000 SECTION B: GENERAL CONDITIONS 9 1. General Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers The certificate of coverage issued pursuant to this general permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permit is sold or closed. Permittee is required to notify the Division in the event the permitted facility is sold or closed. 3. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: 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; 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. Part III Page 4 of l I Pages Permit No. NCG 100000 g. The Director determines at his or her own discretion that an individual permit is required. 4. When an Individual Permit May be Requested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. 5. Si n atory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All notices of intent to be covered under this general permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures . exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the general permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named . individual or any individual occupying a named position.); and Part III Page 5 of 11 Pages Permit No. NCG 100000 (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 6. General Permit Modification, Revocation and Reissuance, or Termination The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143- 215.1 et. al. After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition. The certificate of coverage shall expire when the general permit is terminated. 7. Certificate of Coverage Actions The certificate of coverage issued in accordance with this general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the general permit. Part III Page 6 of 11 Pages Permit No. NCG 100000 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 i necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. 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 The permittee submitted notices as required under Section F of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. i 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 representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2, Recording. Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this general permit, the permittee shall record the following information: The date, exact place, and time of sampling, measurements, inspection or maintenance activity; 0 Part III Page 7 of 11 Pages Permit No. NCG 100000 b. The individual(s) who performed the sampling, measurements, inspection or . maintenance activity; The date(s) analyses were performed; d. The individual(s) who performed the analyses; The analytical techniques or methods used; and The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. . To meet the intent of the monitoring required by this general permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 0 5. Representative 4utfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this general permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Part III Page 8 of I 1 Pages Permit No. NCG 100000 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an is 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 general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 0 SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by 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 six- month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 9 of 1 I Pages Permit No, NCG 100000 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B 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 the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the general permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the general permit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the . permittee becomes aware of the circumstances. Part III Page 10 of 11 Pages Permit No. NCG100000 The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. 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 in any report to the Director, it shall promptly submit such facts or information. 0 Part III Page 1 I of 11 Pages Permit No. NCG 100000 • PART IV LIMITATIONS REOPENER This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or b. Controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with is 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. PART VI DEFINITIONS Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, Part IV, V, and VI Page 1 of 6 Pages Permit No. NC 100000 waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. . (c) Discharges resulting from fire -fighting. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage 0 The Certificate of Coverage (COC) is the cover sheet which accompanies the general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources, 10. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. • Part IV, V, and VI Page 2 of 6 Pages Permit No. NCG100000 12. Grab Sample iAn individual samples collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored 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. Municipal_ Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 16. 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). • 17. 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. 18. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. 19. Permtttee The owner or operator issued a certificate of coverage pursuant to this general permit. Part IV, V, and VI Page 3 of 6 Pages Permit No. NCG100000 20. 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. 21. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 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. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 24. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 25. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table 11(organic S priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); Part IV, V, and VI Page 4 of 6 Pages Permit No. NCG100000 (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the 0 CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 26. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 27. 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. 28. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 24. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 30. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. Stormwater Pollution Prevention Plan 0 - 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. Part IV, V, and VI Page 5 of 6 Pages Permit No. NCG100000 32. Ten Year Design Storm 0 The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 33. Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow can be calculated based on the size of the area draining to the outfall, the amount of the built -upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. 34. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 35. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 36. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 37. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 38. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. 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