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Home My WebLink AboutNCG170416_COMPLETE FILE - HISTORICAL_20101004STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. IV CC, 1 '] Oyr DOC TYPE 1� HISTORICAL FILE 0 MONITORING REPORTS DOC DATE ❑ d'0 I '0 ' O O� YYYYMMDD North Carolina Beverly Eaves Perdue Governor Mr. Jack Avant, Engineering Manager Gulistan Carpets, Inc. P. O. Box 388 Wagram, North Carolina 28396 AMA. NCDENR Department of Environment and Division of Water Quality Coleen H. Sullins Director October 4, 2010 Subject: COMPLIANCE EVALUATION INSPECTION Gulistan Carpets Gulistan Carpets, Inc. NPDES Stormwater General Permit-NCG170416 Scotland County Dear Mr. Avant: Natural Resources Dee Freeman Secretary On September 8, 2010, Mark Brantley, Environmental Chemist, from the Fayetteville Regional Office of the Division of Water Quality, conducted a site inspection at the Gulistan Carpet facility located at 19320 Airbase Road, Scotland County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Jack Avant, Engineering Manager, was also present during the inspection and his time and assistance is greatly appreciated. Stormwater from this facility drains to Shoe Heel Creed, a Class C; SW stream located in the Lumber River Basin. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Pernit-NCG170000. Accordingly, the following observations were noted during the Division of Water Quality inspection: 1) Stormwater Pollution Prevention Plan SPPP A Stormwater Pollution Prevention Plan (SPPP) has been developed, recorded, and properly implemented. es■ No❑ 2) Qualitative Monitoring ualitative monitoring has been conducted and recorded in accordance with permit requirements. es ■ No ❑ Location: 225 Green Street, Suite 714, Fayettevi!}e, North Carolina 28301 1�TOT)c 1 Phone: 910.433.33001 FAX: 910-486-07071 Customer Service: 1.877.623.6748 .1 V orthCaTofi nth Internet: www.nawaterquality,org �r�ttrr�xll,� An Equal Opportunity ! Affirmative Action Employer I Mr. Avant Page 2 October 4, 2010 Other Observations: Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection. Please be advised that violations of the NPDES General Permit are subject to a civil penalty assessment of up to $25,000 per day for each violation. If you or your staff has any questions, comments, or needs assistance with understanding any aspect of your permit, please do not hesitate to contact me at (910) 433-3327. Sincerely, ✓'�'� Mark Brantley Environmental Chemist Surface Water Protection Section Fayetteville Regional Office Enclosure cc: FRO -Surface Water Protection NPS-Assistance & Compliance Oversight Unit DWQ Central Files Location: 225 Green Street, Suite 714, Fayetteville, North Carolina 28301 title Phone: 910-433.33001 FAX: 910-406-07071 Customer Service: 1-877-623-6748 NOrthCarQfi.t1 it Internet: www.ncwaterquauty.org a�}n��1� l//� An Equal Opportunity 1 Affirmative Action Employer v �/` f Compliance Inspection Report Permit: NCG170416 Effective: 08/14/09 Expiration: 07/31/14 Owner: Gulistan Carpets Inc SOC: Effective: Expiration: Facility: Gulistan Carpets, Inc. County: Scotland 19320 Airbase Rd Region: Fayetteville Wagram NC 28396 Contact Person: Jack Avant Title: Phone: 910-369-3100 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Certification: Phone: Inspection Date: 09/08/2010 Entry Time: 10:00 AM Exit Time: 11:00 AM Primary Inspector: Mark Brantley. /p . ,�� Phone: 910-433-3300 Ext.727 4ffUMnNrrffflVeew�1 (s): Ev.'ewrt" Belinda S Henson dos 41a I Phone: 910-433-3300 Ext.726 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Textile Mill Products Stormwater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: E Storm Water (See attachment summary) Page: 1 ti Permit: NCG170416 Owner - Facility: Gulistan Carpets Inc Inspection Date: 09/08/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Page: 2 r Permit: NCG170416 Owner - Facility: Gulistan Carpets Inc Inspection date: 09/08/2010 Inspection Type: Compliance Evaluation Reason for Vislt: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ❑ ■ ❑ # Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Pian? ■ ❑ ❑ ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ Cl ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ❑ ■ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Permit and Outfalis 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? ■ ❑ ❑ ❑ Comment: Page: 3 Aro'Ar NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 14, 2009 Mr. Jack Avant, Engineering Manager Gulistan Carpets, Inc. P.O. Box 388 Wagram, North Carolina 28396 Dee Freeman Secretary Subject: General Permit No. NCG170000 Gulistan Carpets, Inc, COC No. NCG170416 Scotland County Dear Mr. Avant: In accordance with your application for a discharge permit received on July 20, 2009, we are forwarding herewith the subject certificate of coverage (COC) 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 October 15, 2007 (or as subsequently amended). If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable to you, you have the right to request. an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources; Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions concerning this permit, please contact Bill Diuguid at telephone number (919) 807-6369. NYUGAAL SIGNED BY KEN PICKLE Coleen H. Sullins cc: Fayetteville Regional Office DEN Central Files E Stormwater Permitting Unit Files `' ` Attachments � ! DWO 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 1. Phone: 919.807.6300% FAX: 919.807-64921Customer Service: 1.877-623.6748 No 0hCcai-oliIla Internet: vrxw.ncwaterqua3rly.org aturall An Equal Opportunity 1 Alfirmalive Action Employer J STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG170000 CERTIFICATE OF COVERAGE No. NCG170416 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, Gulistan Carpets, Inc. is hereby authorized. to discharge stormwater from a facility located at . Gulistan Carpets, Inc. 19320 Airbase Road Wagram Scotland County to receiving waters designated as Shoe Heel Creek, a Class C; Sw creek, Lumber River Basin; in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, I1,111, IV, V and VI of General Permit No. NCG170000, as attached. This Certificate of Coverage shall become effective August 14, 2009.- This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 14, 2009. ORIGINAL SIGNED BY KEN PICKLE' Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission ®EN1f` -F O r lrj1�7;1 •r'�'+ `" '" ,,�il 'f ��jr z�yjl:�i!€ ]?.(i laa� I ��"'�-''rJ. 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I I I I "t°E , t'F ' . y 4 A p 1� :} fk I��rr € 1 !f iY�fS..p`{h. �I' i f `•••- �I'1 r : 4, �5n'-t �n �I,�t,�, }'• hi EI r It ! -' fvr€FItY ac�i. x+i� I i i y �4+ s �, ♦I- H I. x r' `F R : 3 b}; i ;:4! { f `fig{& is i �,+ Jt'a'M.;, dL zs `,,ri•�A � R." I! 1\ :,, I I ` �, I _ �, • rA:ib'F � „�_ !i�� } •�"!fig; w � j ps :.,, w l rl ��- ''A ? ,. : • uk [ e1 1 r r • i1 ` S '" y Fir9 �'f ;IYI .aa1Y9/'tl•'NY'- �PI �J t d r MY>fL iA 4g •F I• - `'�' -yg lryi gyp° ycl ! I E a,p *,!! !' f " • . `dyr . .. ._._-__.. .�. ..�, 6�� yi .� I �:. ', ,'� ♦ .fn'pri'r�Y� � � k � � �. �. �� • R�I 'r� J ��' � . � e.r ,.,, I .'. , HvTr Ff•"s.-s,,,:".,<.,:-M �� a ��ibw i � .:' ::, ,'�, �: � y� r �r r�+fin :.ui��ax-,: uu nz.:aiw«•.�r ...u« h�:.,�:G: :r .,. I I ✓—� _: Latitude: 34°50'10" NC G 170416 Facility Longitude:79°22'05" t ' County: Scotland Gulistan Carpets, Inc. Location 4 Stream Class: C; Sw Receiving Stream: Snoe Heel Creek Sub -basin: 03-07-55 (Lumber River Basin) Nor VALID w . •AL4 Lawyer, Mike From: Lawyer, Mike Sent: Tuesday, August 11, 2009 4:12 PM To: Diuguid, Bill Cc: Henson, Belinda Subject: RE: NCG170416 Gulistan Carpets Inc NOI Bill, Conducted site visit today. Facility personnel are familiar with the conditions of the NCG170000 permit as they have another facility in our region already covered. Although the NOI notes that they have 2 SDOs, there is actually only one and the end of the pipe is located in a heavily wooded area. There is a drain in their parking area that is the last open inlet in the storm collection system so I advised them that they could conduct their visual monitoring at that drain. I e- mailed them a copy of the Guidance Document for Qualitative Monitoring and relayed that a draft version of the general permit has been developed and that they would likely receive coverage under the final permit once issued. I recommend issuing permit coverage. Thanks, Mike Michael Lawyer Environmental Specialist NCDENR-Division of Water Quality Surface Water Protection Section Fayetteville Regional Office Direct: (910) 433-3329 Main: (910) 433-3300 Fax: (910) 486-0707 e-mail: mike.lawyer@ncdenr.Rov (please note that my e-mail address has changed) *E-mail correspondence to and From this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Diuguid, Bill Sent: Monday, July 27, 2009 11:07 AM To: Lawyer, Mike Subject: NCG170416 Gulistan Carpets Inc NOI Mike Lawyer, Fayetteville Regional Office: Please review the attached NOI application with the objective of responding to me with a recommendation to issue the permit. I recognize that you may not visit each new, proposed permittee during this NOI review, but it affords you the opportunity to log the general permit into your regional database and add the industrial facility to a future monitoring and compliance visit schedule. Therefore, your recommendation now to issue the general permit serves as your acknowledgement that (1) the facility is located in your region, (2) that there are no current complaints outstanding about the facility that have not been dealt with, and (3) that the facility may ultimately be inspected by the regional surface water staff. I've also attached a scanned copy of the NOI and a location map for your review. COC # (Facility- - � � --� - --+_ ._ • • jl.ocation �ICity/County ,l Wagram/Scotland i NCG170416 Gulistan Carpets, Inc. 119320 Airbase Road If you need any more info, give me a call. If you could send me a recommendation to issue the permit by 08/27/2009, I'd appreciate it, so I can issue their COC. I cannot issue the permit until the respective regional office reviews and comments with a recommendation to issue the permit. Thanks. Bill Bill Diuguid, AICP, Staff Planner Stormwater Permitting NCDENR Div. of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone: (919) 807-6369 Fax: (919) 807-6494 Website: http://h2o.enr.state.nc.us/su Ple,.tse note: nib- e-mail address has changed to biliAuguici Dr ncdcnr.hg E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 3 AmT �'_' WA Division of Water Quality / Water Quality Section NCDENRNational Pollutant Discharge Elimination System, Noarw G.nouw Dwwr or �j%`�%`� r� (�(� —D Nm - Reeances 1 \ l +l7 I O V ll0 NOTICE OF INTENT FOR AGENCY USE ONLY Dam Received Year Month Do Certilieate of Coverage Check # Amount Penmtit 111 ned to N k Li ;i National Pollutant Discharge Elimination System application for coverage under General Permit NCG170000: STORMWATER DISCHARGES associated with activities classified as: SIC 22 Textile Mill Products ` Standard Industrial Classification Code (Please print or type) 1) Mailing address of owner/operator: Name Culistan Carpets, Inc. Street Address PO Box 388 City Wagratn State NC ZIP Code 28396 Telephone No, 910 369-3100 Fax: 910 369-4630 Address to which all permit correspondence will be mailed 2) Location of facility producing discharge: Facility Name Gulistan Carpets, Inc. Facility Contact Jack Avant Street Address 19320 Airbase Rd. City Wagram State NC ZIP Code 28396 County Scotland Telephone No. 910 Fax: 3 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). 1.4 miles from the intersection of East NC-1421 and South NC-1407. (A copy ci a county map or USGS quad sheet with facility clearly located on the map is required to be submitted with this application) 4) This NPDES Permit Application applies to which of the following : ❑ New or Proposed Facility Date operation is to begin ® Existing 5) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 2 2 7 3 6) Provide a brief narrative description of the types of industrial activities and products manufactured at this facility: Cant dyeing & finishing Page 1 of 3 Sw U-232-101701 J NCG170000 N.O.I. 7) Discharge points 1 Receiving waters: How many discharge points (ditches, pipes, channels, etc.) convey stormwater from the property? 2 What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater discharges end up in? Shoe Heel Creek to Little Pee Dee River__ If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). 8) Does this facility have any other NPDES permits? IN No ❑ Yes It yes, list the permit numbers'for all current NPDES permits for this facility, 9) Does this facility have any Non -Discharge permits (ex: recycle permits)? ® No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 10) Does this facility employ any best management practices for stormwater control? ❑ No IN Yes If yes, please briefly describe: Dike surrounding chemical storage tanks 11) Does this facility have a Stormwater Pollution Prevention Plan? Q No ❑ Yes If yes, when was it implemented? 12) Are vehicle maintenance activities occurring at this facility? IN No ❑ Yes 13) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? Z No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? 12r No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? ER No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: How is material stored: _ Where is material stored: Page 2 of 3 SWU-232-101701 NCGI70000 N.O.I. How many disposal shipments per year: Name of transport f disposal vendor: Vendor address: 14) Certification: North Carolina General Statute 143-215.6 b (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under Article 21 or regulations of tho Environmental Management Commission implementing that Article, or who falsities, tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. 1 certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: 'T C'— G Title: F-to a r :a ex.r,`n.s (§t&ture of Applicant) (Date Signed) Notice of Intent must be accompanied by a check or money order for $100.00 made payable to: NCDENR Final Checklist This application will be returned as Incomplete unless all of the following Items have been included: ❑ Check for $100 made payable to NCDENR ❑ This completed application and all supporting documents ❑ Copy of county map or USGS quad sheet with location of facility clearly marked on map Mail the entire package to: Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. . Page 3 of 3 swu-232-101701 e o • XN1ap(&4.0 ••_..l �� F�Odrr rww Ytia � r� • �I4 n North I _ t r Ld 411 1.., 1{ V :A,•A-V.r �_�-6 �R :«»..`E.. ��.NI •p.►�s��t �q' Q W city 7.1 17 W W f " h SIR �' IIlf .n... LJ i o u i -1 I .yi t' I' `� { Y°r•.�'r.-•'.a -.�� / '.e• Via• Z ❑ W �2g h r•.+; ,..�.. rL 1 +c ids ' ;,+i- W Z s M W M n .. :_�. j. �•- \. / �� ,ice._ UHF• � Site -� Al Jl IA �r fs �L fa HF-90N IJ PROJECT NIL l I {y DAM June, 2009 `� �r 1` x n ► _. DRAVN BY, ,I . � ; � �' --.._- .___-•- •f� � •O`-'- _ � � APPROVED BYI SCALE, s r5 .. :.��.._Mh••.•'.w� i as shown a. `•� r ° 5N�`� t.l' ~ SOURCE TopoOmds USGS Toposl f a� { -1 �f e 1` ti „ r` • Wagram,NC • � 4 � •�+k M � 'p } `J..r. °�_ � ti �• " - � erg. I � _1 NOTES, IN Scate 1 : 25,000 ® 2003 OeL.orma. XMap®. YN li.a'fYl I • .qp bA 16V vnvw.delorme,com 1" = 2,083.3 ft Data Zoom 13-0 FIGURE 11 SITE LOCATION MAP 19320 Airbase Road Gutistan Carpet Wagram, Scotland County, North Carolina 7 a tf w r sr d4 P M ` Y .•'ti !� it �� = r`• r r'', S ','F'f ...� Gulistan Carpet, Inc. T `, Ne E.S ON 1 i t a I, •-V r� o: t� } {��•, lCU1 I,IL � 4: ,;�� . �• w `�j1 .-'d'� 3 M !.r � ':e• ' '.1 I �� _ .�r +oI j T yam` •,a. rill �'•4�!• w « I a, u� \ Kim 7 -'��Tr_' ■ice+.' yy�--'^,I{!{r�' 3. LJ f L4. , •� • - - �1 Latitude: 34°50' 10" �7 a4r�' r [ ,i" e Longitude:79'22'05" NCG170416 Facility Coon Scotland Gulistan Carpets, Inc. �OCatIO1l�" County: Stream Class: C; Sw Receiving Stream: Shoe Heel Creek Sub -basin: 03-07-55 (Lumber River Basin) NOT ICALED Permit No. NCG 170000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG170000 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 manufacture of textile mill products [standard industrial classification (SIC) Major Group 22]; and like activities deemed by the division of Water Quality to be similar in the process and/or the exposure of raw materials, products, by-products, or waste materials. The General Permit shall become effective on August 1, 2009. The General Permit shall expire at midnight on July 31, 2014. Signed this day July 7, 2009. Original signed by Chuck Wakild Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCG 170000 TABLE OF CONTENTS PART I INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Qualitative Monitoring Requirements Section C: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. General Permit Expiration 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested 5. Signatory Requirements 6. General Permit Modification, Revocation and Reissuance, or Termination 7. Certificate of Coverage Actions Permit No. NCG 170000 Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records I. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. 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 m Permit No. NCG170000 PART I INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to be covered by this General Permit must register with the Division of Water Quality by the filing of a Notice of Intent (NO]) and applicable fees. The NO] 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 Exclusion must submit a No Exposure Certification NOI form to the Division, must receive approval by the Division, must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit, and must reapply for the No Exposure Exclusion once every five (5) years. Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily Load (TMDL) for pollutants for stormwater discharges is established. A TMDL sets a pollutant loading limit that affects a watershed, or portion of a watershed, draining to an impaired water. For stormwater discharges to watersheds affected by a TMDL, coverage under this permit may depend on the facility demonstrating it does not have reasonable potential to violate applicable water quality standards for those pollutants as a result of discharges. If the Division determines that discharges have reasonable potential to cause water quality standard violations, the facility shall apply for an individual permit 180 days prior to the expiration date of this general permit, and once that permit is effective, will no longer have coverage under this general permit. [Note the facility must identify impaired waters (scheduled for TMDL development) and waters already subject to a TMDL in the Site Plan, as outlined in the Stormwater Pollution Prevention Plan (SPPP), in Part II, Section A.II During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited, and monitored as specified in this permit. Part I Page 1 of 2 Permit No. NCG170000 SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. This General Permit does not allow discharges determined by the Division of Water Quality to be wastewaters. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 2 of 2 Permit No. NCG 170000 PART I] MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this General Permit, The Plan shall include, at a minimum, the following items: 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 outfalls) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge. The general location map (or alternatively the site map) shall identify whether each receiving water is impaired (on the state's 303(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. (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 at a scale sufficient to clearly depict: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map shall include a distance legend and must indicate the percentage of each drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the Part 11 Page 1 of 8 Permit No. NCG170000 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 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 any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. ' (c) BMP Summary. ' A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, Part 1I Page 2 of 8 Permit No. NCG 170000 industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded in writing and maintained in the SPPP. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 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. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part 11 of this permit. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance Part I1 Page 3 of 8 Permit No. NCG170000 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: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 1. No analytical tests are required. Qualitative monitoring of stormwater outfalls must be performed during a representative storm event. A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. Table 1. Qualitative Monitoring Requirements h5 'u. 3 .i.0 Discharge Characteilstiica,,Frequency A.' 1 MonitoringN.' Color Semi -Annual 'SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Erosion or deposition at the outfall Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: 1 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (00) regardless of representative outfall status. If the permittee's qualitative monitoring indicates either that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions appropriate. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Part 11 Page 4 of 8 Permit No. NCG170000 Qualitative monitoring is for the purposes of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP), assessing new sources of stormwater pollution, and prompting the permittee's response actions to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DWQ may: • require that the permittee revise, 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 implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Qualitative monitoring will be performed twice per year, in accordance with the schedule in Table 2. A minimum of 60 days must separate Period 1 and Period 2 monitoring dates, unless monthly sampling has been instituted under a Tier Two response for vehicle maintenance activity areas. Table 2. Monitoring Schedule Moi l&0n" period 1,2 = `'Event Number Start '" End Year 1 — Period 1 1 August 1, 2009 December 31, 2009 Year 1—Period 2 2 January 1, 2010 June 30, 2010 Year 2 — Period 1 3 July 1, 2010 December 31, 2010 Year 2 — Period 2 4 January 1, 2011 June 30, 2011 Year 3 — Period 1 5 July I, 2011 December 31, 2011 Year 3 — Period 2 6 January 1, 2012 June 30, 2012 Year 4 — Period 1 7 July 1, 2012 December 31, 2012 Year 4 — Period 2 8 January 1, 2013 June 30, 2013 Year 5 — Period l 9 July I, 2013 December 31, 2013 Year 5 — Period 2 10 January 1, 2014 July 31, 2014 Footnotes: Maintain semi-annual monitoring during permit renewal process. If at the expiration of the General Permit, the permittee 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 analytical monitoring applies, but no discharge occurs during the monitoring period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month monitoring period. Part 11 Page 5 of 8 Permit No. NCG170000 SECTION C: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified in Table 3. This monitoring shall be performed at all outfalls which discharge stormwater runoff from the vehicle maintenance areas, and in accordance with the schedule presented in Table 2. All analytical monitoring shall be performed during a representative storm event. Table 3. Analtical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics r Unifs �° g :.: � 'M ae surement € Fre uenc ,1, },sample T e2 Sample' 3 Loc`'ationz H standard semi-annual Grab SDO Oil and Grease mg/1 semi-annual Grab SDO Total Sus ended Solids m /l semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usage allons/month I semi-annual Estimate - Footnotes: I Measurement Frequency: Twice per year during a representative storm event. Z If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. In all cases, the permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare those results to the benchmark values in Table 4. 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 4. Benchmark Values for On -Site Vehicle Maintenance Activities Dischar a Sharactcisticsicliinarkd:Value Benr '�' I 11y, wi •f^ 't Ir :fir H Within range 6.0 - 9.0 Oil and Grease 30 m /l Total Suspended Solids 100 m /I Part II Page 6 of 8 Permit No. NCG 170000 Tler One If: The first valid sampling results are above a benchmark value, or outside of the benchmark for anv parameter at anv 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 implemented. Tier Two If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific at a specific discharge outfall: Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive valid 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. Part II Page 7 of 8 Permit No. NCG 170000 During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may: • require that the permittee revise, 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 implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part 11 Page 8 of 8 Permit No. NCG 170000 PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Comnliance 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: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial Certificate of Coverage issued pursuant to this General Permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial Certificate of Coverage. 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. The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comp 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. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)] c. Understate law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class 1 violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed Part III -VI Page I of 13 Permit No. NCO] 70000 $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class Il penalty not to exceed $125,000. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this 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, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liatqity Nothing in this General Permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this General Permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 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. Dutv 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. 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. Part III -VI Page 2 of 12 Permit No. NCG 170000 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this General Permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS General Permit Expiration The permittee is not authorized to discharge after the expiration date. In order 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. 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 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 Pen -nit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a General Permit; 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; Effluent limitations are promulgated for the point sources covered by this General Permit; A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this General Permit. g. The Director determines at his or her own discretion that an individual permit is required. 4. When an Individual Permit May be Requested Part III -VI Page 3 of 12 Permit No. NCG170000 Any permittee operating under this General Permit may request to be excluded from the coverage of this General Permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this General Permit is automatically terminated on the effective date of the individual permit. 5. Signatory Requirements All applications, reports, or information submitted to the 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. 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 (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 which shall not be modified in any way: 9 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." General Permit Modification, Revocation and Reissuance, or Termination Part III -VI Page 4 of 12 Permit No. NCG 170000 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 I5A 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 l . Pro er 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 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 General Permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this General Permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under Section E of this Part. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm Part III -VI Page 5 of 12 Permit No. NCG 170000 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: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 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. Renresentative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the pennittee 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 Part III-Vi Page 6 of 12 Permit No. NCG 170000 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. 7. Inspection and Entr�r The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this General Permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this General Permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this General Permit; and 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. SECTION E: REPORTING REQUIREMENTS Discharge Monitorine Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional Office in February of each year. The submittal shall be on the forms supplied by the Division. 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. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. 2. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs), shall be submitted to: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional Office (RO) by March 1 of each year. Part III -VI Page 7 of 12 Permit No. NCG 170000 Addresses for each RO and the counties covered by each RO can be found here: htt[)://www.eiir.s tate.ne.us/htmi/reL,ionaloffices.lititil. The permittee shall retain the completed originals on site. Visual monitoring results should not be submitted to the Regional Offices or Central Files unless specifically requested by DWQ. 3. Availabili y 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 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this General Permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the 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 becoming aware 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. 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. Part III-Vt Page 8 of 12 Permit No. NCG 170000 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. ] 0. 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. PART IV LIMITATIONS REOPENER This General Permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the General Permit; or b. Controls any pollutant not limited in the General Permit. The General Permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. PART VI DEFINITIONS Act See Clean Water Act. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. Best Management Practices (BMPs) Part III -VI Page 9 of 12 Permit No. NCG 170000 Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm. 4. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 5. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 6. Certificate of Coverage 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. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC I251, et. seq. 8. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority. 10. EMC The North Carolina Environmental Management Commission. H. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal_ Separate_ Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or. town. 15. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 122.26(g) Part I1 I-V I Page 10 of 12 Permit No. NCG 170000 16. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. 17. Permittee The owner or operator issued a certificate of coverage pursuant to this General Permit. 18, Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 20. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 21. Secondary Containment. Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priorily 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 C. Meets at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 23. Severe Property_Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Significant Materials Part III -VI Page l I of 12 Permit No. NCG 170000 Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The. flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. 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)(I4). The term does not include discharges from facilities or activities excluded from the NPDES program. 28. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 29. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. (A list of approved TMDLs for the state of North Carolina can be found at http://h2o.enr.state.ne.us/tmdl/) 30. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 31. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 32. 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. 33. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part IIINI Page 12 of 12