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HomeMy WebLinkAboutNCS000056_COMPLETE FILE - HISTORICAL_20131115NORTH CAROLINA Department of Environmental Qual 2 V v STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. �Cs/� oO d 5la v DOC TYPE ❑COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ `�-,9l� �"z'� `�d�j ���rJ YYYYMMDD Ncs�s � NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director Pat McCrory, Governor John E. Skvarla, Ill, Secretary November 15, 2013 Penny Mahoney Director Sustainability DAK Americas 3216 Cedar Creek Road Fayetteville, NC 28312 Subject: Permit Consolidation DAK Americas — Cedar Creek Site Cumberland County Dear Ms. Mahoney, This letter is in response to your request of October 2, 2013 to consolidate the stormwater permit coverage for two adjacent facilities that are now under the ownership and control of DAK Americas. In my discussions with Elizabeth Wike it appears that all operations are now consolidated under DAK's control. With these operational changes our office has rescinded permit number NCS00056 previous held by Dupont Tejin Films. Permit number NC5000389 for DAK Americas — Cedar Creek is still active and will cover the combined facilities. Your facility is subject to the requirements of permit NCS000389 for all of your industrial operational area on the combined site, You must update your Stormwater Pollution Prevention Plan and site map to reflect the changes made at your facility. You are also subject to the monitoring requirements of permit NCS000389 at all outfalls for the combined site. If you have any further questions, please feel free to Bradley Bennett at (919) 807-6378 or bradi4Zy.bennett@ncdenr.gov. 5incerely, Tracy E. Davis cc: Fayetteville Regional Office SW Unit Files Central Files 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: hftp://portal,ncdenr.org/web/Iriland-gualit An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper DAK Americas Jill October 2, 2013 Mr. Bradley Bennett Environmental Supervisor Land Quality Section Division of Water Resources NC Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Subject: Permit No.: NCS 000056 Permit No.: NCS 000389 Dear Mr. Bennett: DAK Americas LLC (DAK) acquired DuPont Teijin Films (DTF) on July 1, 2013. The DTF site is located adjacent to DAK's Cedar Creek site in Fayetteville, North Carolina. Both facilities have individual stonnwater pen -nits. The pen -nit for DAK is NCS 000389 with an effective date of July 1, 2010 and an expiration date of June 30, 2015. The permit for DTF is NCS000056 with an effective date of April I, 2009 and an expiration date of March 31, 2014. In July 2013, DAK submitted a change of ownership request to DENR and the pen -nit formerly in the name of DuPont Teijin Films is now in DAK's name. DAK requests that the pen -nit formerly owned by DTF (NCS 000056) be rescinded. A Rescission Request Form is attached. By December 2, 2013 DAK Arrncricas will submit a request to DENR to modify NCS 000389 so that the areas fonnerly covered under NCS 000056 will be covered under NCS 000389. This request is made so that the combined site only has to manage one stornwater permit and one Stonnwater Pollution Prevention Plan. If you have any questions, please call Elizabeth Wike at (910) 512-4883 or nie at (910) 371-5232. Sincerely, i Penny oney Director Sustainability cc: Mr. Mike Lawyer, NC DENR, Fayetteville Regional Office Cedar Creek Site . 3216 Cedar Creek Road + Fayetteville, INC 28312 877-432-2766 (toll -free) . 910-433-8200 (phone) • 910-433-8366 (fax) www.dakamericas.com LNAA '� • Division of Water Quality / Surface Water Protection NC®ENR National Pollutant Discharge Elimination System NCl C-wu—OE .Ewp, RESCISSION REQUEST FORM E mo..errt o Nmvn..i Rr. a cc FOR AGENCY USE ONLY Date Received Year Month Da Please fill out and return this form if you no longer need to maintain your NPDES stormwater permit. 1) Enter the permit number to which this request applies: Individual Permit (or) Certificate of Coverage N I C I 5 1 0 1 0 1 0 1 0 5 1 6 1 N C G 2) Owner/Facility Information: * Final correspondence will be mailed to the address noted below Owner/Facility Name: DAK Americas LLC, formerly DuPont Teiiin Films Facility Contact Street Address City County Telephone No. James Burke 3220 Cedar Creek Road Fayetteville _ Cumberland (910)433-8274 State: NC ZIP Code 28312 E-mail Address jburke@dakamericas.com Fax: (910) 433-8216 3) Reason for rescission request (This is required information. Attach separate sheet if necessary): ❑ Facility closed or is closing on F__� . All industrial activities have ceased such that no discharges of stormwater are contaminated by exposure to industrial activities or materials. ❑ Facility sold to DAK Americas LLC on July 1, 2013 . If the facility will continue operations under the new owner it may be more appropriate to request an ownership change to reissue to permit to the new owner. ❑ Other: DAK Americas requests that NCS 000056, formerly owned by DuPont Teijin Films, be rescinded. In July 2013 DAK Americas submitted a change of ownership request. Located adjacent to the DuPont Tei'in Films site is DAK Americas Cedar Creek site which has its own stormwater permit NCS 000389). By December 2, 2013_DAK _Americas will submit a request to DENR to modify NCS 000389 so that the areas formerly covered under NCS 000056 will be covered under NCS 000389. 4) Certification: I, as an authorized representative, hereby request rescission of coverage under the NPDES Stormwater Permit for the subject facility. I am familiar with the information contained in this request and to the best of my knowledge and belief such information is true, complete and accurate. Signature Date _Z0_ Z2 Penny Mahoney / Director Sustainability Print or type name of person signing above Please return this completed rescission request form to: 1617 Mail Service Center, Rafegh, North Carolina 27699-1617 Location: 512 N, Salisbury St. Rafegh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org Title SW NPDES Permit Coverage Rescission Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 An Equal Opportunity 4 Affirmative Action Employer A,LT7 aVWADivision of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System NCDENR """"G"°""" ""`"'°' PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year Month Da 1. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N C1 $, 1,0101 010 N 10, G 11. Permit status prior to requested change. , a. Permit issued to (company name): r t b. Person legally responsible for permit:LA First Ml Last la fJ LVW AI Title f °yj ci r Cy' e.--� k R ra t{ Permit Holder Mailing Address i=a eife - [ I e, N City Statc Zip (g'v ) ` 3 3 S&5'7 (24_) 13-3 �38� Phone Fax c. Facility name (discharge):u d. Facility address: C) C_cd c4L: r C r tG�o Address 7a N effey'k «e Nr- 3 E City State Zip e. Facility contact person: 0 A tr V e U TWE' r k5 (9 I0) 933— R Z33 First / MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: Eg-11�h­ange in ownership of the facility Name change of the facility or owner If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit: d. Facility name (discharge): e. Facility address: person: Revised 201 MI Last Sentr,)Y- Itre40C %'-e.AAJ' C(Vekst`K-- M01y'O'Sei`- Title 3,1 Cr C e�cw- Cep-k Permit Holder Mailing Address City Slate Zip (,)I o) oS Phone E-mail Address "DA K Ann-eppas Ce,-6cCreQLeL 4e, 32-z,o ce-,4ar- Ci`mgwk Rc ►d- -- Address Fay 04ev t l t e. N 2-'f3 17 city state Zip dam 8S P ICA tr ke- - - First M1 Last (q I o) 4 q p-rl q -- Phone E-mail Address ee Arl NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) .r-, Permit contact: J CkMtez; G First M1 Last S,?o-kQ' keck„1kC1i Title 32-1l0 CeA0(- _ Mailing Address I-c�CV iIy State Zip (R►� } 433 $,jr7 Phone E-mai Address cie z kQVV%ej% I CCAS. V Will the permitted facility continue to conduct the same industrial activities conducted prior CeirrL to this ownership or name change? ©� Yes ❑ No (please explain) VI Required Items: 'PHIS APPLICATION WILL BE, RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING.: This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. .................................................................................................................. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMr 1'EE CERTIFICATION (Permit holder prior to ownership change): 1, .rttest that this application for a name/ownership change has been reviewed and is accurate and F>V% complete to the best of my knowledge. I understand that if ail required parts of this application are not �t completed and that if all required supporting information is not included, this application package will be returned a: I om - ; �a A \ ".e- d-0 1:3 Signature Date APPLICANT CERTIFICA'I'ION I , attest that this application for a name/ownership change has been reviewed and is accurate and �P-N,% complete to the best of my knowledge. I understand that if all required parts of this application are not �.e • \e completed and that if all required supporting information is not included, this application package will be returned as incomplete. CN 2 -4 . 1'2v Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 7/2008 EK 09234 PGO038 9234 0838 FILED ELECTRONICALLY CUMBERLAND COUNTY NC J. LEE WARREN, JR. FILED J'u1 03, 2013 AT 11:38:05 AM BOOK 09234 START PAGE 0838 END PAGE 0842 INSTRUMENT N 25962 RECORDING $26.00 EXCISE TAX $0.00 PREPARED BY & RETURN T0: Parker Poe Adams & Bernstein, L.L.P., (DTD) 150 Fayetteville Street Mail, Suite 1400 Raleigh, North Carolina 27601 MEMORANDUM OF GROUND LEASE w THIS MEMORANDUM OF GROUND LEASE ("Memorandum") is entered into by and ° between E. I. DU PONT DE NEMOURS AND COMPANY, a Delaware corporation (the "Landlord") and DAK AMERICAS LLC, a Delaware limited liability company (the "Tenant"). u.� BACKGROUND: 4 ? Landlord is the record owner of that certain real property more commonly known as 3220 Cedar A U Creek in Fayetteville, North Carolina, in the County of Cumberland, and more particularly described in Exhibit A of this Memorandum (tire "Premises"). Landlord and Tenant have entered into a certain `o ` Ground Lease ("Lease") dated June 30, 2013, pursuant to which Landlord leased the Premises to a `p Tenant, and the parties desire to enter into and record this Memorandum for the purpose of providing a m 0 constructive notice of Tenant's lease of the Premises. acu � •r fi.GU} N AGREEMENT: L OL L Qi N NOW, THEREFORE, in consideration of the Premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties wE hereby agree as follows: Ln w b 1. Lcase of Premises. The term of this Lease (the "Term") shall commence on the 30"' day of June, 2013 (the "Commencement Date"), and expire ninety-nine (99) years thereafter, unless ow L_ sooner terminated pursuant to the terms of the Lease. The description of the Premises is provided in s Exhibit A of this Memorandum, which is incorporated herein by this reference. r- L v1 V zr 2 Right of First Offer. If, during the Term of the Lease, Landlord elects to offer the °" Premises for sale to a third party, Landlord shall, prior to initially offering the (remises for sale to a �30 third party, provide written notice to Tenant setting forth the terms and conditions pursuant to which the Premises will be offered for sale (the "ROFO Notice"). Tenant shall have a period of sixty (60) °' v days following its receipt of the ROFO Notice from Landlord in which to notify Landlord in writing of Tenant's election to purchase the Premises on the terms and conditions set forth in the IZOFO Es ° Notice. E� N PPAR 2126253v1 9234 BK 09234 PGO839 0839 3. Riaht of First Refusal. In addition to the right of first offer above, if Landlord elects to market the Premises for sale to a third party and Landlord receives a bona fide offer to purchase the Premises on terms and conditions acceptable to Landlord, Landlord shall notify Tenant in writing of such offer and the term thereof (the "ROFR Notice"). Tenant shall thereafter have the right to purchase the Premises on the same terms and conditions set forth in the ROFR Notice, provided Tenant notifies Landlord in writing of Tenant's desire to so purchase the Premises within fifteen (15) business days following Tenant's receipt of the ROFR Notice from Landlord. If 'Tenant does not elect (or fails to timely elect) to purchase the Premises on the terms and conditions set forth in the ROFR Notice, then Landlord may proceed with sale of the Premises in accordance with substantially the same terms and conditions as set forth in the ROFR Notice. If such sale does not take place within twelve (12) months thereafter, Tenant's right of first refusal as set forth in the Lease shall continue and Landlord shall notify Tenant of all future offers received by Landlord. 4. Miscellaneous. (a) The I -ease shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns, subject to the provisions of the Lease. (b) If there is any conflict between the terms and provisions of this Memorandum and the terms and provisions of the Lease, then the tenrns and provisions of the Lease shall prevail and control. (c) This Memorandum and the Lease are governed by the laws of the State of North Carolina. (d) This Memorandum contains only selected provisions of the Lease, and reference is made to the full text of the Lease for its full terms and conditions, which are incorporated herein by this reference. (e) This Memorandum may be executed in any number of counterparts, each of which shall be deemed an original and which together shall constitute one and the same instrument [REMAINDER OF PAGE INTENTIONALLY LEFT' BLANK[ PPAB 2126253v l BK 09234 PGO840 9234 0840 IN WITNESS W REQ , the parties hereto have executed this Memorandum of Ground Lease on this '2-- day of , 2013. LANDLORD: E.1. DU PONT DE NEMOURS AND COMPANY, a D war corporatio l By: Print Name: Title: STATE OF COUNTY OF 1., &j Ca.%tle. I certify that C Vvi%rt ot,e• 1kcI— personally appeared before me this day and acknowledged that (s)he is the , (tkSrtrp € E. 1. DU PONT DE NEMOURS AND COMPANY, a Delaware corporation,�and �that he, in such capacity, being authorized to do so, voluntarily signed the foregoing on behalf of the corporation for the purposes stated therein. Date: rS Z_ 14113 Official Signature of Notary DAy+c.- L• A-u,,0,a ef- , Notary Public Notary Public's printed or typed name My Commission expires: bkt4-�v_ (Official Stamp or Sea[) DANA L. BURKHART NOTARY PUBLIC STATE OF DELAWARE My Commission Expires December 10, 2016 Error? Unknown document property name. 3 9234 BK 09234 PGO841 0841 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Ground Lease on this __'rday of -Jul 2013. TENANT: OAK AMEWA$ LLC, 0 Title: STATE OF N8 L� COUNTY OF e company, I certify that JaVi Gr'personally appeared before me this day and acknowledged that he is V *Gro of OAK AMERICAS LLC, a Delaware limited liability company, and that he, iA such capacity, being auth ed to do so, voluntarily signed the foregoing on behalf of the company for the purposes stated th ein. , 11---� Date: ! ;ZV 1.5 [SEAL OR STAMP] L-A ame: Public My Commission Expires ILEANA tOPEZ Notary Public North Carolina Mecklenburg County PPAB 21262530 4 9234 Bx 09234 PGO842 0842 EXHIBIT A DESCRIPTION OF PREMISES BEING all of Lot 2 (23.41 acres) as shown on plat entitled "A Zero Lot Line Subdivision of Dupont -Cedar Creek Site", said plat having been duly recorded in Plat Book 109, Page 109, Cumberland County Registry, TOGET14ER WITH that certain non-exclusive right of ingress, egress and regress over and upon the existing paved roadway leading from North Carolina Highway 53 southwardly and being described as follows: BEGINNING at the northwest corner of 19.21 acres tract of land described in Deed recorded in Book 2732, Page 426, Cumberland County Registry and running thence North 21 deg. 14' 30" East 1259.35 feet to a point in the southern margin of the old right of way of North Carolina Highway 53 (60-foot-right-of-way); thence with the southern margin of North Carolina Highway 53 South 68 deg. 40' East 30.00 feet to a point; thence South 21 deg, 14' 30" West 1259.34 feet to a point in the northern line of the said 19.21 acre tract; thence North 68 deg. 29" West 30.00 feet to the point and place of BEGINNING_ FURTHER TOGETHER WITH certain of those casements described in Book 6397, Page 505 as Easements D; E; F; 3; Parking Easement (Paragraph 13); Surface Water Runoff (Paragraph 14); Existing Pipes, Conduits, Etc. (Paragraph 22); and Additional Access Easement (Paragraph 23). PFAB 2126253v1 BILL OF SALE WHEREAS, DUPONT TEIJIN Fa MS U.S_ LIMITED PARTNER81UP, a .Delaware- limited partnership ("Se�le�'), and OAK AMERICAS LLC, a Delaware limited liability corn (" r e "), have egtced to the sale by Seller to Buyer cf the assets described herein on the teum and subject to the conditions set forth in that certain Asset Pwchase Agreement (0e - tmlbpse Aggeement') dated as of April 23, 2013, between Buyer and Seller - NOW; AFORE, T1EdIS INSTRUMENT WITNESSETH- 1. Fotr good and valuable consideration, receipt of which is hereby acknowledged, Seller has granted, bwSaiined, sold, conveyed and assigned to Buyer, and by these presettis does hmthy B=t, bwgmz+ seI4 convey and assign to Buyer, all right, title and imerest, legal or equitable, of Seller in and to add of the Acquired Assets. TO EtAVT AND TO HOLD said property, with all the appustenar thereto, unto Buyer, its successors and assigns, and for its and their own use forever_ 2. - Seller hereby covenants that it will, whenever and ns often as reasonably roquested so tin do by Buyer, execute, ackttowledge and de}ivcr any and all such od= and further deeds, assignpments, transfers, conveyaumz, confirmations, powers of attorney and any instbn==eints further assurance, appnwals and consents and take such steps, at no cost to it, as Buyer way refmnably nquire in order to complete, insure and perfect the ttwde . conveyance and assigatmot to Buyer of all of the rigger, title and interest of Seller in and to the property hereby grantekl, bargained, sold, conveyed or assigned, or intended to so be. 3. i Nothing in this instr uncut, expicss or k*ied, is intended or shall be eonstrued to confer upon, br give to, any person, firth or cmpmtion othcr than the parties hmeto and their irspecsive successors and assigw. any remedy or claim under or by reason of this insm=rnt or any term, coven at or conditiaa hereof, and all the terms, covenmxts, conditions and agreements entailed in this mshimnent shall be for the sole and exclusive benefit of the parties hereto and their successors and assigns_ 4. This imsOrumenit shall become effective as of the date sct fort below. 5. ` Each capitalized tem used herein but not othemAse defined herein shall have the meaning ascribed to such term in the Purchase Agrwncnt. In the event of any calict between this Bill of Sale and the Purchesc A,greemaA, the Purchase Agreement shall control. [SIGNATURE "PEARS ON FOU.,OWING PAGE] . i MAO It 14X5Y1 IN WI(NES-S WIMREOF, Seller has caused this Bill of Sale to be executed as of the day of &h-e , 2013. DUPONT TURN M MS U.S. LDWI" PARTNERSHIP By: TEUIN-DUPONT MMS INCORPORATED, its general er By - Name: c - o Title: S ry 1 DUPONT PROPERTY ]BOUNDARY IS, : E ;-OFF i TO M0MX9ff`A`ASM%%TATER TREATMENT PLANT TANK #2 TANKOt TRANSFERAREA - - •.c.- ;ias:, a� P4 r �:�� yr raw. .. o "&I9APTO " TEWATER _ ' •ss { } r/ w CONIC . n •'"tir / TREATMI�'vTPLANT /r +�3rs- _ PIPC IIwCR L lLrn P"O — — — — — �. NDTRANSFER GEND �P' ��r..- �•�, — �— � � ��� > LEGEND /� 1 „ to Nc f-- J� ra+ SURFACE PLOW OUTSIDE SECONDARY STRUCTURES nib yyy��� P 1 �I PNA 'R THROUGH SYSTEM �] ! STORMWATER IMPIM11DSNIG 5 j I Y IMPOUND1.NGSEWER I BAS111 BASIN V i FLUID FLOW FROM WITHIN THE (-(3 SECONDARY CONTAINMENT STRUCTURES TO THE WASTEWATER TREATMENT v'w PLANT yJ'C UT AEEoa SITE MAP ..,�1� DUPONT -T-TEIJINFILiNS ` 4 �� SWP3 GRAPI SCALE •4 Y- �r � 1 I loch - ]30 K a FAYETTEVILLE, NORTH CAROLINA aA1— eaANc.r Sith SAIa1G Fpl(5T IIItsm 'CGH. N.C. 716*4M (; .0 ENWCNYLNTAL SENNuES FAx.wgjZi6tss11 r9M9w REFERENCE: SITE MAP ENUMEEMIG - TEsnrle RE -DRAWN FROM ALTA SCALE: � •� � � 2a• DRAWN BY: JC.f CHECKED BY: SURVEY PROVIDED BY THE ROSE GROUP, INC. JOB NO 1040-00-416C DAT[_ MARCH 2O03 FIGURE 2 AN 1;1 A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 21, 2011 RECEIVED DIVISION OF WATER QUALITY Stephen Alridge MAY „ 2 �� l Hickory Springs Manufacturing Company 1115 Farrington Street 'WVp SEC-rt0ra Conover, NC 28613 MOORESViLLE REGIONAL OFFICE Subject: Rescission of NPDES Stormwater Permit Certificate of Coverage Number NCS0000029 Hickory Springs Manufacturing Company Catawba County Dear Permittee: On 4/4/2011, the Division of Water Quality received your request to rescind your coverage under Certificate of Coverage Number NCS0000029. In accordance with your request, Certificate of Coverage Number NCS0000029 is rescinded effective immediately. Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to waters of the State without valid coverage under an NPDES permit will subject the responsible parry to a civil penalty of up to $25,000 per day. It is the intention of DWQ that enforcement proceedings will occur for persons that have voluntarily relinquished permit coverage when, in fact, continuing permit coverage was necessary. If, in retrospect, you feel the site still requires permit coverage, you should notify this office immediately. Furthermore, if in the future you wish to again discharge to the State's surface waters, you must first apply for and receive a new NPDES permit. If the facility is in the process of being sold, you will be performing a public service if you would inform the new or prospective owners of their potential need for NPDES permit coverage. If you have questions about this matter, please contact Brian Lowther at (919) 807-6368, or the Water Quality staff in our Mooresville Regional Office at NPDES SW. Sincerely, for Coleen H. Sullins, Director cc: Mooresville Regional Office Stormwater Permitting Unit DWQ Central Files - w/attachments Fran McPherson, DWQ Budget Office - please waive applicable fees Wetlands and Stormwaler Branch One 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 NorthCarolina Location: 512 7 Salisbury St. Raleigh, North Carolina r Swvi ;Wturally Phone: 919-8D7-63(1D 1 FAX: 919$07.64941 Customer Service: 1.877-623-6748 K L Internet: www.newalerqualit .org An Equal Opportunity t Affirmative Action Employer .' ` • � ` Ali May 31, 1995 North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management . Post Office Box 29535 Raleigh, North Carolina 27626-0535 Attention: Mr. Bill Mills Subject: Stormwater Permit No. NCS000056 - Permit' Modiflcatlon and Representative Outfall Status Fayetteville, NC S&ME Project No, 1054-94-235 Dear Mr. Mills: This letter is written in response to a recent telephone conversation with Mr. Tony Evans of your staff concerning the addition of one outfall to the conditions of Permit No. NCS000056, issued to ICI Americas, Inc. on September 26, 1994. Permit Modification and Representative Outfail Status As specified by Mr. Evans, we are attaching a site map of the current ICI facility and the expansion facility, currently under construction. The site map clearly designates the location of the new outfall and the relationship of this outfall to the existing outfalis. The proposed area of expansion will be designed and constructed in the same manner as the existing facility. All exposed chemical storage areas and process areas, where polyester chip manufacturing occurs, will be located in concrete lined contaminant areas. Aboveground storage tanks (AST) holding bulk process chemicals will be located within secondary containment which will effectively contain at least 110 percent of the capacity of the largest AST located within the containment area. All drips and spills, as well as rain inYc' l �p �g FMo est%tohaedSl'a ergha�OA o'o�i ot�%9a, U?OAS, panx19 1 YRO$5 plyeyed Mailing address: P.O. Box 58069, Raleigh, North Carolina 27658-8069 I ICI Americas S&ME Project No. 1054-94-235 Fayetteville, NC r May 31, 1995 to the wastewater treatment facility located at Monsanto, directly east of the facility. In the same manner, all process areas will be placed within a curbed concrete pad. All drips and spills during the manufacturing process will be contained within the curbed area and will enter the chemical sewer for treatment. The stormwater collection system will only capture runoff generated from administrative buildings, drives, parking areas and other pervious/impervious areas outside the chemical storage and process areas. This stormwater will be conveyed to a new sediment basin, constructed south of the expansion area, where settlement of suspended solids may occur prior to discharge from the newly constructed outfall SDO-003. We respectfully request that the stormwater permit (NCS =56) be modified accordingly to include SDO-003 within the language and conditions of the permit. The new outfall (SDO-003) referenced above, will drain parking areas, administrative office areas and other previous/impervious areas substantially similar to SDO-001. The new process expansion area will produce polyester chips like those produced in the current process area, and any potential fugitive releases of process chemicals or by-products which may come in contact with stormwater and enter the storm drainage system will be similar and/or identical to potential releases which may occur from the current process area. The new expansion area will not conduct any vehicular maintenance activities and will be operated in a substantially similar way to management of the current process facility. Therefore, it is our considered opinion that the drainage areas for SDO-001 and SDO-003 are substantially similar in nature. Consequently, we respectfully request that representative outfall status be granted to SDO-003, and that SDO-003 be excluded from the monitoring requirements specified in the permit. ICI Americas S&.ME Project No. 1054-94-235 Fayetteville, NC May 31, 1995 Removal of SDO-042 from further Monitoring Requirements Stormwater outfall SDO-002 was used to receive runoff water generated by the capital workshop area, an on -site maintenance facility, and the surrounding gravel parking area. During the first quarter of 1995, the capital workshop was removed from the site, and all operations taking place in this workshop area were moved to the maintenance area in the southwest corner of the site. Runoff from the maintenance area enters the stormwater collection system and is discharged through SDO-001. The site of the former capital workshop area is the site of a new compressed air/nitrogen plant which does not use any bulk storage liquids or other constituents which may be exposed to precipitation. In addition, for all areas where there is a potential for equipment leaks, there is secondary containment which discharges to the impounding sewer where it will be conveyed to the wastewater treatment facility located at the Monsanto site east of ICI. Considering the changes made in this area, SDO-002 is now collecting stormwater only from a limited amount of area covered with gravel or vegetated in grass and other herbaceous vegetation. All potentially significant sources of stormwater pollutants have been removed from the drainage area of SDO-002. in consideration of these changes and improvements in stormwater collection In this drainage area, we respectfully request that outfall SDO-002 be further excluded from the monitoring requirements of Permit No. NCS000056. We request a verification of representative outfall status for SDO-003, and exclusion of SDO-002 from further monitoring requirements within 'sixty (60) days of receipt of this letter in order to accommodate the stormwater monitoring schedule at the site, should a t ICI Americas S&ME Project No. 1054-94-235 Fayetteville, NC f May 31, 1995 Should you have further questions concerning this request, or need further, information, we may be reached at (919) 872-2660. Thank you for your time and consideration. Sincerely, SWE, Inc. Joel . Hardy Senior Environmental Scientist Ann M/`. Borden, P.G. Environmental Department Manager Attachments cc: ICI Americas, Inc. Attn: Mr. Harvey Iwerks K:1...184235MrANC1DEHNR001 4 Compliance Inspection Report Permit: NCS000051 Effective: 09/01/07 Expiration: 08/31/12 SOC: Effective: Expiration: County: Caldwell Region: Asheville Contact Person: Carsten Smolenski Title: VP Of Operations Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 12/22/2008 Primary Inspector: Linda S Wiggs Secondary Inspector(s): Entry Time: 01:00 PM Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ■ Compliant ❑ Not Compliant Question Areas: E Storm Water (See attachment summary) Certification Owner: Arcona Leather Technologies LLC Facility: Arcona Leather Technologies, LLC 2615 Mission Rd Hudson NC 28638 Phone: 828-396-7728 Exit Time: 01:45 PM Phone: Phone: 828-296-4500 Ext.4653 Inspection Type: Stormwater Page: 1 Permit: NCS000051 Owner - Facility: Arcona Leather Technologies LLC Inspection Date: 12/22/2008 Inspection Type: Stormwater Reason for Visit: Routine Inspection Summary: Met with maintenance person (jimmy) and walk site inside and out. Dumpsters of previous concern are now covered with tin roof. Other than rooftop and pavement nothing was noted that would be a stormwater concern. Current operations are dry, no further dying is taking place. Facility would like to expand its dye press operation texturizing leather, but is unsure if this will happen or not. A carp pond exists just downstream of facility, if significant pollutants are washed from site, a fish kill in this pond may occur, and it is expected that DWQ would ultimately be notified. Facility requests rescission from stormwater permit, nothing was noted during inspection to deny rescission at this time. 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? ■ ❑ ❑ ❑ # 1f the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ ❑ ❑ ■ Comment: facility is no longer operating at full capacity and is only doing dry press texturization of leather onsite. All stormwater leaving site drains to a ditch then to a small trib just upstream of a carp pond. If any significant contaminants were to leave this site, a fish kill at the pond would be likely. dumpsters are undercover. facility requests rescission, inspection reveals no concerns to rescind permit. Page: 2 NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Ctwcnn Hollister Arcona Leather Technologies 10299 F. Grand River Avenue ,Suite M 13righton, MI 481 16 April 3, 2009 0. , Subject: Requested rescission of stormwater permit coverage under ❑ Rescission request denied, Reason: Rescission request approved, effective immediately. Permit coverage rescinded on the following basis: Dee Freeman Secretary ❑. You reported that you have ceased all regulated activity and sold the facility. You.repor•ted that although you retain ownership or control of the facility, you have ceased all regulated activit , AND there are no materials remaining on site that may resent a risk of stormwater pollution. You reported that continued permit coverage is not required because: the site activities are not regulated by the NPDES stormwater permitting proTram Note other basis: QrDWQ Regional Office concurrence ❑ Request processed without RO comment Operating a treatment facility, discharging wastewater, or discharging specific types of stormwater to waters orthe State without a valid NI'DE'S permit will.stibject the responsible party -to a civil penalty of tip to $25,000 per. day. Enforcement action will be certain For persons tltat have voluntarily relinquished permit coverage when, in fact, continuing permit coverage was necessary. If, in retrospect, you feel the site still requires pernllt coverage, you should notify this office i1lll1lCditttely. Furthermore, if in the future you wish to again discharge to the StaWs surface waters, you in List first apply for and receive new coverage under an NPDES permit. f you have questions about this matter, please contact Sarah Young at (919) 807-6303. Sincerely, for oleen H. Sullins ' cc: `�gslf►eV, I e Regional Office DWQ Storrilwater Permitting Unit DWQ Central Files - wlattachments Fran McPherson, DWQ Budget Office, rescissions only Wetlands and Stormwater Branch 1617 Mail Service Center, Ralegh, North CanAina 27699-1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 One' 1 Phone:919-8b7-MkFAX: 9194307-64941CustomerSenrice 1-877-623-6748 NUrtIlCiii'01111a Internet: www.ncwalerquality.org Naturally � ,y� t I�+����� An5qualOpportunity lAtfirrnativeAcBonEmpleyer j//�YJ ii� LO 7 .. 0 C., r E— TSEIMI� 0". I tl�Fati W P,Dl I Lvp.q" lop Ap v SOW, ".. Af g5f� ..-o W�l P.— i4CSWCU51 Y—ft •....... . . . 4 M. ... ......... . j ............ -4r Cie L rar- 3 aJrunnpna I—d P... MD PMA `O�CF WArFRpG Beverly Eaves Perdue, Governor v� q Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources t7 Colecn I L Sullins, Director Division of Water Quality =31 i SURFACE WATER. PROTECTION :SECTION PERMIT NAME7OWIYERSHPyCHANGE FORS f'"� A { r � 1. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N C I S U 0 0 1 0 1 N Q 10 II, Permit status prior to requested change. a. Permit issued to (company name): b. Person legally responsible for permit: First MI Last "Title Permit Holder Mailing Address City State Zip Phone Fax c. Facility name (discharge): d. Facility address: Address City State Zip e, Facility contact person: ( ) First / MI / Last Phone Ill. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility ❑ Name change of the facility or owner !f other please explain: To clarify who the permit should be issued to. b. Permit issued to (company name): DuPont "I'eijin Films, Cedar Creek Site c. Person legally responsible for permit: Preston E Hubble First M l bast d. Facility name (di e. Facility address: Plant Manager "Title 3220 Cedar Creek Road Permit Holder Mailing Address Fayetteville NC 28312 .:• .r , City state Zip 1�; t,Qj'(910) 433-8257 Preston. F.Hubble(u�usa.dupont.com „�• Phone E-mail Address DuPont Tei"in Films Cedar Creek Site N 4 3220 Cedar Creek Road Address Ile NC 28312 I - City State Zip f. Facility contact person: Harvey M_ lwerks First M1 Last (910) 433-8233 Harvey.M.lwerks u,usa.dupont.com Phone E-mail Address Revised 81200E PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Harvey M Iwerks First MI bast SHE Specialist 'rule 3220 Cedar Creek Road Mailing Address Fayetteville NC 28312 City State Zip 910 433-8233 Harvey. M, I werksusa.du ont.com Phone F-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted Prior to this ownership or name changer ® Yes ❑ No (please explain) V1 Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED W ITEMS ARE INCON WLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ I..egal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date APPLICANT CERTIFICATION I, Preston l" Hubble, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package w' be returned A4 as i ompI te. Ike 03/25/09 Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 712008 4_1;V NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Mr, Harvey ]werks DuPont Teijin Films, US L.L.P. 3220 Cedar Creek Road Fayetteville, NC 28312 Dear Mr. lwerks: Qoleen H. Sullins Director March 20, 2009 Subject: Draft NPDES Stormwater Permit Permit No. NCS000056 DuPont Teijin Films Cedar Creek Cumberland County Dee Freeman Secretary In response to your renewal application for continued coverage under NPDES stormwater permit NCS000056, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES 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 U.S. Environmental Protection agency dated October 15, 2007 (or as subsequently amended). This final permit includes one change from from the draft permit sent to you on January 29, 2009. We have removed the parameter of BOD as the Central Office and Regional Office have agreed it is not an important parameter. The qualitative monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please note that analytical monitoring is also required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference fart III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) clays following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, NOrth,Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II1, 13.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. 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. Wetlands and Stormwater Branch One 1 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 N b a 1 Ca i-o f 1 n a Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone:919.807.63001 FAX:919-807.64941Customer servim 11-877-623.6748 Naturally Internet: www.ncwalerqualily.org An Eaual O000rtunity 1 Affirmative Aclion Emolover Mr. 1-larvey [werks 1,-)uPont `I'eijin Films, Inc., Cedar Creek Site Permit No. NCS000056 If you have any questions or comments concerning this permit, contact Jennifer Jones at (919) 807-6379 or jetuiifer.jones©ncmail.net Sincerely, ORIGINAL SIGNED BY KEN PICKLE for Coleen H. Sullins, Director cc: Fayetteville Regional Office, Trent Allen, Water Quality Section Mike Mitchell, EPA Region IV Stormwater Permitting Unit Central Files Attachments 2 NCS000056 STA'1'L OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with'the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Enviroi11nental Management Commission, and the Federal Water Pollution Control Act, as amended, DuPont Teijin Films US L.L.P. is hereby authorized to discharge stormwater from a facility located at DuPont Teijin Films, Cedar Creek Site 3220 Cedar Creek Road Fayetteville, NC Cumberland County to receiving waters designated as a UT to the Cape Fear River, a class C stream in the Cape Fear River Basin, in accordance with.the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. This permit shall become effective April 1, 2009. This permit and the authorization to discharge shall expire at midnight.on March 31, 2014. Signed this day March 20, 2009 ORIGINAL SIGNED BY KEN PICKLE Jor Coleen Fl. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000056 TABLE OF CONTENTS PART I INTRODUChION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCI-IARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PAR"I'1II STANDARD CONDITIONS FORNPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability I. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers Permit No. NCS000056 3, Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative 011tfall 6, Records Retention 7. Inspection and Entry Section E: Reporting Requirements I . Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. , Nan-Storinwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty -Tour Hour Reporting 9. Other Noncompliance .10. Other Information' PART IV LIMITATIONS REOPENER CART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS Permit No. NCS000056 PART I INTRODUCTION ., SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 C1=R § 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 NO[ form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every five (5) years. SECTION B. PERN11TTED ACTIVITIES Until this per expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source 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 individual permit shall not cause or contribute to violations of Water Quality Standards. This pen -nit 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 1 of 2 SECTION C: LOCATION MA110 Permit No. NCS000056 r6o 71 Z I 4 A -E W. ft k :RH N 'C4 :Woo X 6 YL7: 4 �Z, _.a- M, Wnr4,v i AG -A - 'Ni 1 X gg A NNY", 0 It. I nkw no. M'%'- Nt 1AR1. TZA ;A1 Mk 00 SO. qvt W76 x 11 DuPdntlTeijin'Fil.... M, I 'mac" - ISO-% A V Lft- 4 A" �w NCS000056 N NV Map Scale 1:20,601 DuPont Teijin Films, Cedar Creek Site Fayetteville, NC Latitude: 340 59'3.2" N Longihide: 780 47' 17.7" W County: Cumberland County Receiving Stream: UT to Cape Fear, River, Stream Class: C - Sub -bash: 03-06-15 (Cape Feat, River Basin) RVOMM. Facility Location Part I Page 2 of 2 Permit No. NCS000056 PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES - SECTION A: STORMWATER POLLUTION PREVIENT[ON PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall -be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which inay be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle reap 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. 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. North Carolina's 303(d) List can be found here: http://h2o.enr.state.nc.us/tmdl/General_303d.ht-m#Downloads North Carolina TMDL documents can be found here: http://h2o.enr.state.nc.us/tmdl/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) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing 13MPs, 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. Part 11 Page I of 10 Pennit No. NCS000056 (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 111, Standard Conditions, Section B, Paragraph S. The permittee shall re -certify annually that the stormwater outfal is have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater_ Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing'or fueling operations. 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 Ill of the Superfund Amendments and Reauthorization Act (SAKI) water priority chemicals; and storage in any amount of IZazardous substances, in order to prevent lbaks and spills from contaminating storm water -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, ot.rtfalI 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. (e) 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 ofthe'specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Part II Page 2 of 10 Pennit No. NCS000056 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, 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 storinwatdr 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. 5. Employee Training. Training programs shall be developed and training, provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities .for all components of the Plan shall be documented and position assignments provided. . i. 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 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 Part I Page 3 of 10 Permit No, NCS000056 effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when•the Plan sloes not meet one or more of the minimum requirements of the permit. Within 30 daysof such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 8: Facility Inspections. Inspections of the facility and all stormwater systems shall occur 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-perfornied more frequently than semi-annually). These facility inspections are different from, and in addition to, the stor_mvwater discharge characteristic monitoring required in Part II B and. C of this permit, 9. 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.maintcnance 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. Part 11 Page 4 of 10 Permit No. NCS000056 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1, All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event treasuring 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. Table 1. Analytical Monitoring Requirements Dtscharge''�'a�' { 0=P."1 ,{ . r _a Chai acteristtcs;�.$:� w F.l iU`=T �Measur'ement Frequency) sr' s��s. rs} "Sarriple;7`S�iml`e.`; �i" Via** 'f' °".� '�.. ncatton3 COD m L semi-annual Grab SDO Oil and Grease m fL semi-annual Grab SDO 11 standard semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain Gauge, - Footnotes: I Measurement Frequency: Twice per year during a representative'storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. [rat the end of this permitting eyrie the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative out.fall 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. Part lI Page 5 of 10 Permit No. NCS000056 The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of SO days must separate Period I and Period 2 sample dates unless monthly monitoring has been instituted under a Ticr Two response. Table 2. Monitoring Schedule ._.., :9 tie 1}M. 1 n , F Sutnb taigy t _._,j•,,;_ ,. �. +F L it ,,¢. ., Gtidaonitoringpiod Year l — Period I 1 April I, 2009. September 31, 2009 Year 1 — Period 2 2 October 1, 2009 March 31, 2010 Year 2 — Period 1 3 April 1, 2010 September 31, 20 10" Year 2 — Period 2 4 October 1, 2010 March 31, 2011 Year 3 — Period 1 5 April 1, 2011 September 31, 2011 Year 3 — Period 2 G October 1, 2011 March 31, 2012 Year 4 -- Period 1 7 April 1, 2012 September 31, 2012 Year 4 — Period 2 .8 October 1, 2012 March 31, 2013 Year 5 — Period 1 9 April I, 2013 September 3 I, 2013 Year 5 -- Period 2 10 October I, 2013 March 31, 2014 rootnotes: I Maintain semi-annual monitoring; during permit renewal process. The applicant inust continue semi-annual monitoring until the renewed permit 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. The permittee shall report the analytical I'esults from the first sample with valid results within the monitoring period. The permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the pennittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. - Benchmark Values for Analytical Monitoring u>DisihargelCltaiftcteristtcsl'. `,;;[Jttits`�:yi= _ r,YBenchmar•k COD mg/L 120 Oil and Grease m';/L 30 pl'1 standard 6-9 Part I1 Pagc b of ]0 11crinit No. NCS000056 1,^��;. �•t:i§i" �'.:__ _ . s. __ d &: _ , �.-i _]:.�%+r'. •r tr:�a �'�'^Gi.7 d""' i ti� F« . _Y _y 1 IIf: The first valid sampling results are above a benchmark value, or outside of the benchmark ranp-e. 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. If. During the term of this permit, the first valid sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive Then: The 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, for all parameters at that outfall. 3. Ifno discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow." 4. Maintain a record of the Tier Two response in the Stormwater-Pollution Prevention Plaii. I'ao•t ll 1'age 7 of 10 Permit No. NCS000056 During the tern 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 more than four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may, but is not'limited'to: • require that the permitter increase or decrease the monitoring frequency for the remainder ofthe permit; • require the permittee to install structural stormmvater 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. This site discharges to impaired waters experiencing problems in that area with p1 l and Chlorophyll a. If a 'Total Maximum Daily Load ('TMDL) is approved for this segment ol'The Cape Fear River, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) ofconeerrt to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs; and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified in Table 4, during the analytical monitoring event. [If analytical monitoring is not required, the permittee still must conduct semk- annual qualitative monitoring.) Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing now sources oi' stormwater pollution. In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP: Part Il Page 8 ol' 10 Permit No. NCS000056 Table 4. Qualitative Monitoring Requirements ry g >>, , , Dtschat e Chat actertsttcs fi.yy,,f�`�.11F��.� L.zu�..l. � e,4 �),y�1t L. �i9J f F r -F F of y1 t i a uenc by �+.�-`.`. ".�+.. Moinitoi' ii ., f � .i h !i1tj N. �rg',Locattont'S,_ Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floatina Solids semi-annual SDO Sus ended Solids semi-annual SDO Foatn semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwaterpollution' semi-annual SDO Footnotes: I Measurement Frequency: Twice per year during.a representative storm event, for each year until either another Permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate"paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring; periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge .outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance 'Discharge,.Cliaracterestijcs r;a �x . ; ; Unttss ' �k �, < <, �r� � : �'Nieasuremeitk 1 , Fre uenc A� Sam�ileztSarrple � 2 % �T e ; rat T r ;. Locatton,n- H standard semi-annual Grab SDO Oil and Grease Mg/1 semi-annttal Grab SDO Total Suspended Solids m /1 semi-annual Grab SDO Total RainfaW inches semi-annual Rain gauge New Motor Oil Usage allons/month semi-annual Estimate - Part II Page 9 of 10 Permit No. NCS000056 Footnotes: 1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be'considered for a renewal application. The'applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 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 arca(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. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention flan (SPPP). Lxceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, anchor install stormwater Best Management Practices (BMPs), as provided in Part I1 Section B. Table 6. Benchmark Values -for Vehicle Mitintenance Anal tieal Monitoring Disc hay ge Cliaractei-ist�c s"`� +� Units„ ; Benchmark ;'4 PH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mglL 100 Part I Page 10 of' 10 Permit No. NCS000056 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A; COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stonnwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time and existing facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of,discharges from the operation of the in activity and.be updated thereafter on an annual basis. Secondary containment, as specified in Part [I, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. Duty to Comply The permittee must comply with all conditions of this individual Permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established undensection 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 S25,000 per day for each violation. Any person tvho negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than I year, or both. Any person Who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both, Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref. Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than ten thousand dollars (S10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class It violations are not to exceed Part III Page 1 of 8 Permit No. NCS000056 $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 3. Duty to Mitigate The permittce shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a rcasonable.likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this perm it. regarding bypassing of stonnwatcr control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be suhjcct to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Prol2erty Rights The issuance of this individual permit does not convey any propertyrights 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. Seyerabilily The provisions of this individual permit are severable, and if any.provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application Of such provision to other circumstances, and the remainder of this individual permit, shall riot be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director - may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, Upon conviction, be punished by a fine of'not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction. of such person under this paragraph, punishment is a tine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part III Page 2 of 8 Pennit No. NCS000056 to.- Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than 510,000 per violation, or.by imprisonment for not more than two years per violation, or by both. SECTION 13: GENERAL CONDITIONS Individual 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 pennittee 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 pennittee that does not have a pen -nit afterthe 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. scq. . 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Sianato!y Requirements All applications, reports, or information submitted,to the Director shall be signed and certified: a. All applications to be covered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) 1n the case of a partnership or limited partnership: by a general partner: (3) In the case of a sole proprietorship: by the proprietor; (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. All reports required by the individual permit and other information requested by the Director sliall 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 Part ill Page 3 of 8 Permit No. NCS000056 manager, operator of welt or well field, superintendent, a position of egoivalcnt 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- 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 oftlie 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 arc significant penalties for submitting false information, including the possibility of fincs and imprisonment for knowing violations." 4. Individual Permit Modification Revocation and Reissuance or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123;'Title 15A of the North Carolina Administrative Code, Subchapter 21-1 .0100; and North Carolina General Statute 143-215.1 et al. Permit Actions The permit may be modified, revolted and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SUCTION C: OPERATION AND MAINTENANCI? OF POLLUTION CONTROLS Proper Operation and Maintenance The pennittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which arc installed or used by the pennittec to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision rcquires the operation of back-up or auxiliary facilities or similar systems which are installed by a pennittec only when the operation is necessary to achieve compliance with the conditions of this individual permit. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Storinwater Control Facilities Bypass is prohibited and the Director may take enforcement action against it permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and Part III Page 4 of 8 Permit No. NCS000056 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 pennittee submitted notices as required under, Pail I1I, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 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 Haste stieam, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual 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; The analytical techniques or methods used; and The results of such analyses, Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part III Page 5 of 8 Permit No. NCS000056 'ro meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Representative Outfali If a facility has multiple discharge locations with substantially. identical storm water discharges that are required to be sampled, the permittee may petition the Director for representative outfail status. If it is established that the storniwater discharges are subs tantiallyidentical and the permittee is granted represenlative 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 Stornnvatcr 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 individual 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. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including ,in 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 pernittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit;. b. Have access to and copy, at reasonable times, any records that must -be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Saniple or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. sLCr1ON E: REPORTING RLQUIREIMLNrS Discharge Monitorin�i Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director. Submittals sliall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report within 30 days of the end.of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213 .0506. Part III Page 6 of 8 Pennit No. NCS000056 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do so. Submittine Reports Duplicate signed copies of all reports required herein, shall be submittcd to the following address: Division of Water Quality Surface Water Protection Section ATTENTION. Central Files 1617 flail Service Center Raleigh, North Carolina 27699-1617 Availabilitv of RGDorts 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 die 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 143-215.66 or in Section 309 of the Federal Act. Nan-Stormwnter Discharees If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all paraineters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Chant~es The permittee shall give notice to the. Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 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 duality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 ]lours of becoming aware of an unanticipated bypass. Twenty-four Hour Re ortin 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 Part III Page 7 of 8 Permit No. NCS000056 the titne 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, tfte 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 perimittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. 10. Other Infonnation Where the permittee becomes aware that it Caned to submit any relevant facts in all application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part Ill Page 8 of 8 NCS000056 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittec mast 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 21-1 .0105(b)(4) may cause this Division to initiate action to revoke the Individual Permit. 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. 3. Allowable Non-Slorniwater Discharges This pennit regulates stonmwater discharges. Non-stormwater discharges which shall be allowed in the stornwater 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, 4. Rest Management Practices (13MPs) Measures or practices used to reduce the amount of pollution entering surface waters. I3MPs may take the form of a process, activity, or physical structure. Parts 1V, V and V1 Page 1 of 5 Permit No. NCS000056 5. BY12ass 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. 13ulk Storage of Liquid Products Liquid raw materials, nianufaeturcd products, waste materials or by-products with a single above ground storage.container having a capacity of greater than 660 gallons or with MUlliple above ground storage containers located in close proximity to each other having; a total combined storage capacity of greater than 1,320 gallons. r 7. Clean Water Act The Federal Water Pollution Contras Act, also known as the Cleats Water Act (CWA), as amended, 33 USC 125I,.ct..scq. 8, Division or DWQ The Division of Water Quality, Department of 1,nvirontnetit and Natural Resources. 9. Director The Director of the Division of Water Quality, the permit issuing authority 10, 171MC The North Carolina Environmental Management Commission. 11. Grab Same An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CPIs Par( 1 l6 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 htnd.and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long -terns storage facility or a surface storage facility. 14. Municipal Separate Storm Server System A stormwater collection system within an incorporated area of local self government such as a city or towtl. 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, snownnclt, or runoff. Part V1 Page 2 of 5 Pages Permit No. NCS000056 Industrial materials or activities include, but are not limited to, material handling equiptncnt 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 §I22.26(g). 16. 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. 17. Permittee The owner or operator issued a permit pursuant to this individual 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 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 ntay be collected if a rain producing a discharge begins again within the next 10 hours. 20. Representative Cutfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the pennittee to perform analytical monitoring at a reduced number of outfalls. 21. Rinse Water Dischage 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 "vashwaters utilizing any type of detergent or cleaning agent. 22. Secondag 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. 23. 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 Superf ind Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; Is present at or above threshold levels at a facility subject to SARA Title 111, Section 313 reporting requirements; and Part VI Page 3 of 5 Pages Permit No. NCS000056 C. That mects at least one of the following criteria: (1) Is listed in Appendix 1] of 40 CFR part 122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and plicnols), or Table 1V (certain toxic polhnants and hazardous substances); (2) Is listed as a Hazardous substance pursuant to section 311(b)(2)(A) of the CWA al 40 CFR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 24. Severe PropertyDamage Mcans substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resoorces 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. 25. Si mificant 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 chcmical the facility is required to report pursuant to section 313 of "fitle'111 of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 26. 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). 27. Storntwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowniclt.- 28. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 29. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 30. Ten Year Design Stonn 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. Part V1 Page 4 of 5 Pages Permit No. NCS000056 31. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 32. Total Maximum Daily Load-(TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water Io restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality. standards and TMDL programs. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. 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, 35. Vehicle Maintenance Activity Vehicle rehabilitation, mechaizical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 36. 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. 37. 25-Year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part Vi Page 5 of Pages 3) 2s-/0-� Beverly raves Perdue, Govemor Der Freeman, Secretary North Carolina Department of Environmeat and Natural Resources Coleen li. Sullins. Director Division of Water Quality I. Please enter the permit number for which the change is requested. NPDLS Permit (or) Certificate of Coverage M'O'hSAl 0 1 0 1 0 5 6-I I I Ci 11. Permit status pLior to requested change. a. Permit issued to (company name): b. Person legally responsible for permil: First Mi Last Title Permit Holder Mailing Address City state Zip Phone Fax c. Facility name (discharge): d. Facility address: _ Address City State Zip c. Facility contact person: ( ) First ! MI / Last Phone Ill. Please provide the following for the requested change (revised permit). a. Bequest for change is a result of ❑ Change in ownership of the facility ❑ Name change of the facility or owner if other pleave explain: To clarify who the permit should be issued to. b. Permit issued to (company name): DuPont Teijin Films Cedar Creek Site c. Person legally responsible for permit: _ Preston E Hubble First MI last d. Facility name (discharge): e. Facility address: f. Facility contact person: Plant Manager Title 3220 Cedar Creek Road Permit Bolder Mailing Andress Fayetteville NC _ 28312 City State Zip (M) 433-8257 I'reston.11.Hubbic�usa.dupont.com Phone E-mail Address DuPont Tei'in Films -Cedar Creek Site 3220 Cedar Creek Road Address Fayetteville _ NC 28312 _ City State 'Lip Harvey M lwerks First M1 East (9102_433-8233 Harvey. M-I werks@usa.dupont.co_m Phone E-mail Address Revised 812008 PERMIT NAMEIOWNERSHIP CHANGE FORM Page 2 of 2 W. Permit contact information (if different from the person legally responsible for the permit) Permit contact: _ Harvey M lwerks First MI Last SHE Specialist 'ride 3220 Cedar Creek Road Mailing Address Fayetteville NC 28312 City State "Lip (910) 433-8233 Harvev.M.Iwerks@usa.dupont.com Phone 6-mail Address V Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. ..................................................................................................................... The certifications below must be completed and signed by hoth the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERNUTTEE CERTIFICATION (Permit holder prior to ownership change): I, , attest that this application for a narne/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date APPLICANT CERTIFICATION 1, Prestgn E. Hubble, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. i understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package wi be returnd,as omplete. 03/25/09 Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 712008 NCS000056 DuPont Tei}in Films Renewal - Corporate Address Change Subject: NCS000056 DuPont Teijin Films Renewal - Corporate Address Change From: Harvey M [werks<Flarvey.M.Iwerks@USA.dupont.com> Date: Mon, 23 Mar 2009 16:27:59 -0400 If To: Jennifer.Jones@ncrnail.net Hi Jennifer, There has been a change in the Corporate Address. The new address is: 1 Discovery Drive Hopewell, VA 23860 Tel # (804) 530-9300 If you have additional question, please let me know. Harvey Harvey lwerks SHE Specialist DTF Cedar Creek Site Fayetteville, NC (910) 433-8233 (Tel) (910) 433-8388 (FAX) This communication is for use by the intended recipient and contains information that may be Privileged, confidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e-mail, in whole or in part, is strictly prohibited. Please notify the sender by return e-mail and delete this e-mail from your system. Unless explicitly and conspicuously designated as "E-Contract Tntended", this e-mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e-mail does not constitute a consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. Francais Deutsch Italiano Espanol Portugues Japanese Chinese Korean http://www.DuPont.com/corp/email—disclaimer.html l ol, 1 3/24/2009 10:07 AM Storniwater Permit #NCS000056 - Owner address change Subject: Stormwater Permit #NCS000056 - Owner address change From: Harvey M [werks<Harvey.M.lwerks@USA.dupont.com> Date: Fri, 6 Feb 2009 15:45:43 -0500 To: Sarah.Young@ncmail.net CC: Jennifer Jones <Jennifer.Jones@ncmail.net> Please note that the current mailing address for the DuPont Teijin Films Cedar Creek Site (Stormwater Permit # NCS000056) located at 3220 Cedar Creek Road, Fayetteville, NC is: DuPont Teijin Films Cedar Creek Site 3220 Cedar Creek Road Fayetteville, NC 28312 Harvey Harvey Iwerks SHE Specialist DTF Cedar Creek Site Fayetteville, NC (910) 433-8233 (Tel) (910) 433-8388 (FAX) Sarah Young <Sarah.Young@ncmail.net> 02/06/2009 02:18 PM To Jennifer Jones <Jennifer.Jones@ncmail.net> cc Harvey M Iwerks/US/PETIDPT@DPT. Subject Re: Owner address change Just make sure you reference the facility and permit number. Thanks! 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. Jennifer Jones wrote: > Hi Harvey, > I spoke with Sarah Young here and if you could just please send us an > email with your updated owner address that will be sufficient - you do > not need to fill out that form. > Thank you, > Jennifer Jones This communication is for use by the intended recipient and contains information that may be Privileged, confidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e-mail; in whole or in part, is strictly prohibited. Please notify the sender by 1 of 2 2/10/2009 9:49 AM NCS000056 DuPont Teijin Films Renewal Subject. NCS000056 DuPont Teijin Films Renewal From: Jennifer Jones <Jennifer.Jones@ncmail.net> Date. Fri, 20 Feb 2009 1 1,44:03 -0500 To: Harvey M lwerks <Harvey.M.Iwerks@USA.dupont.com>, Ed Woloszyn <EWoloszyn@smeinc.com> CC: Trent Allen <Trent.Allen@ncmail.net>, Jennifer Jones <Jennifer.Jones@ncmail.net> Hello Harvey and Ed, I am sorry to be some time responding to you. After speaking with Trent Allen at the Fayetteville Regional Office we decided that it would be reasonable to remove BOD for the reasons Ed listed in his email. However, we believe it is important to keep COD monitoring - for the following reasons: * This outfall contains runoff from industrial areas that transport chemicals. * We've never had any previous testing of this parameter, we would like to see data from this parameter, and we believe data collection is an important factor in making this decision. * COD is a routine test of industrial facilities and gives a good profile of any industrial spills that may have occurred. * You are a chemical manufacturing facility. Additionally, there is only one outfall, monitoring is twice a year, and COD is a very inexpensive test therefore we don't feel that this parameter is particularly burdensome. If after 5 years when the permit is modified you may request to remove this parameter in the renewal process. Please let me know if you have further questions regarding your permit. Have a good weekend and please let me know if I can be of further help, Jennifer Jones Jennifer Jones Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: jennifer.jones@ncmail.net Website: http://h2o.eiir.state.nc.us/su **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.** 1 01,1 2/20/2009 1 1:44 AM Drab S(onnwater Pennit NCS000056 mai lbox:IIICVDocuments%20and%)20Settings/j enni fer_j ones/Appl icat... Subject: Draft Stonnwater Pen -nit NCS000056 From: "Ed Woloszyn" <EWoloszyn@smeinc.com> Date: Mon, 9 Feb 2009 15:49:03 -0500 Ta: <jennifer.jones@ncmail.net> CC: "Harvey M Iwerks"<Harvey.M.lwerks@USA.dupont.com> Dear Ms. Jones, Thank you for taking the time to discuss with me the monitoring requirements listed in DuPont Teijin Films' (DTF) draft NPDBS Stormwater permit. Please note that this email is not an official response to the draft permit, but a simple inquiry as to the reasoning for requiring BOD & COD analytical requirements contained in DTF's draft permit as well as my perspective on the stormwater program at DTF. I've attached Figures 1 and 3, which are the Site Vicinity Map and Site Plan, respectively. Please note that in Section C: Location Map of the draft permit, the text box pointing to the DTF plant is to the area northeast of the plant's actual location. The attached Figure 1 shows the actual location of the DTF plant. Figure 3 shows the impervious and pervious surface areas where stormwater will discharge to Outfall 001. Stormwater at all operational, loading and unloading areas drain to the chemical sewer system and ultimately to the WWTP owned and operated by DAK Americas, which operates under a separate NPDES permit. One possible, but very minor exception would include the handling of wood palates that are used to haul sacks of barium sulfate. The wood palettes are not stored outside, rather only set aside for an hour or two on a driveway while the barium sulfate is being handled in the warehouse. The wood palettes are then moved inside the warehouse for storage. Please note that barium sulfate would not likely show a response in the COD analysis. If possible, DTF has no exception to monitoring for pH and Oil & Grease, but would like to remove BOD and COD monitoring from the draft permit. Thank you for your consideration and please do not hesitate to contact me if you have any questions regarding DTF stormwater management/infrastructure or if you have a differing opinion as to the need for BOD and COD monitoring. Sincerely, Ed Edmund Woloszyn, Jr., R.E.M. Senior Project Manager �S&ME ENGENEERING INTEGRITY. S&ME, Inc. 3201 Spring Forest Road Raleigh NC 27616 Map Ph: 919-872-2660 Fax: 919-876-3958 Mobile: 919-218-7790 ewoloszynPu smeilie. corn www,smeinc.com 'Phis electronic message and its attachments are forwarded to you for convenience and "for information only." The message may represent a summary with limitations, conditions and further explanations omitted in the interest of brevity and time constraints. The contents of this electronic message and any attachments may be preliminary and incomplete, subject to review and revision. If this electronic transmittal contains Findings, Conclusions or Recommendations, S&ME, Inc. will submit a follow-up l ol'2 2/20/2009 12:30I'M Draft Stonnwater Permit NCS000056 mailbox:///Cl/Documents°/,20and':S�20 Settings/jennifcr_jones/Applicat... hard copy via mail or overnight delivery for your records, and this hard copy will serve as the final record. In the event of conflict between electronic and hard copy documents, the hard copy will govern. This electronic message and any attachments transmitted with it are the property of S&ME, Inc. and may contain information that is confidential or otherwise protected from disclosure. The information this electronic message contains is intended solely for the use of the one to whom it is addressed, and any other recipient should delete this electronic message and destroy all copies. VER 4, Rev I — 031207 Content -Description: A 1120-FIG l .pdf jA1120-FIG1.pdf, Content -Type: application/octet-stream j Content -Encoding: base64 Content -Description: B 1090-FIG3.pdf °B1090-F[G3.pdf Content -Type: application/octet-stream Content -Encoding: base64 2 of 2 2/20/2009 12:30 PM Rh: NCS000056 DuPont'feijin Films Renewal Subject: RE: NCS000056 DuPont Teijin Films Renewal From: "Ed Woloszyn" <EWoloszyn@smeinc.corn> Date: Fri, 20 Feb 2009 12:09:35 -0500 To: "Jennifer Jones" <Jennifcr.Jones@ncmail.net> CC: "Trent Allen" <Trent.AlIen@nemail.nct>, "Harvey M Iwerks" <H arvey. M.Iwcrks@USA.dupont. com> Jennifer, Thank you for considering our request to remove BOD and COD from the Draft Stormwater NPDES permit. Mr. Iwerks from DuPont Teijin Films has agreed to monitor for COD and Oil & Grease as part of the storm water analytical monitoring requirements for permit NCS000056. Please finalize the draft with the removal of BOD from the monitoring requirements. Also, please don't forget to revise the site locati�n,/ map. You may call or Email me if you have any additional information needs. Best regards, %. Ed Edmund Woloszyn, Jr., R.E.M. Senior Project Manager S&ME Logo ENGINEERING INTEGRITY. S&ME, Inc. 3201 Spring Forest Road Raleigh NC 27616 Map Ph: 919-872-2660 Fax: 919-876-3958 Mobile: 919--218-7790 ewoloszyn@smeinc.com www.smeinc.com This electronic message and its attachments are forwarded to you for convenience and "for information only." The message may represent a summary with limitations, conditions and further explanations omitted in the interest of brevity and time constraints. The contents of this electronic message and any attachments may be preliminary and incomplete, subject to review and revision. If this electronic transmittal contains Findings, Conclusions or Recommendations, S&ME, Inc. will submit a follow-up hard copy via mail or overnight delivery for your records, and this hard copy will serve as the final record..Tn the event of conflict between electronic and hard copy documents, the hard copy will govern. This electronic message and any attachments transmitted with it are the property of S&ME, Inc, and may contain information that is confidential or otherwise protected -from disclosure. The information this electronic message contains is intended solely for the use of the one to whom it is addressed, and any other recipient should delete this electronic message and destroy all copies. VER 4, Rev 1 --- 031207 -----Original Message----- o From: Jennifer Jones[mailto:Jennifer.Jones@ncmail.net] 1 of2 2/20/2009 12:29 PM &�q -19 q -�2rz February 9, 2009: Spoke with Consultant fOr Dul'ortt Tei_jin l=ilins. Asked why we needed to have Oil and Grease, COD & 130D in new permit: 1. Oil and Grease: a. There sire trucks and cars can roadway leading to the SW outiall b. There is a parking lot that drains to the S\V outfall c. I told this to the consultant and he appears to understand that. COD / BOD: a. BOD: I thought it would be good to have it paired with COD to see Wit is a reasonable number b. COIF: road and parking lot. See if anything is spilling. I was under the impression that there was same loading and unloading, as well as the road is an industrial area. c. Perhaps ROD can be left out and COD can remain. I can understand why BOO would be left in the permit. From my email dated 12/18/09: I have added BOD, COD and Oil and Grease to their pernilt - as well as kept !n pH. These are the only 4 monitoring parameters. I put these in because Of the road ilnd. parking lot that are going there, and will give uti a good overall idea if anything is shilling. Also I think its a good idea as they haven't had any sampling before. All other chemicals appear to be going to the W WTP. Draft Stonmwater Permit NCS000056 imap:Hcros.ncmail.net:993/fetch%3DU1D%31--/lNBOX'%3 E8380?liea... Subject: Draft Stormwater Permit NCS000056 From: "Ed Woloszyn" <EWoloszyn@smeinc.com> Date: Mon, 9 Feb 2009 15:49:03 -0500 To: <jenniferJones@ncmail.net> CC: "Harvey M Iwerks"<Harvey.M.lwerks@USA.dupont.com> Dear Ms. Jones, Thank you for taking the time to discuss with me the monitoring requirements listed in DuPont Teijin Films' (DTF) draft NPDES Stormwater permit. Please note that this email is not an official response to the draft permit, but a simple inquiry as to the reasoning for requiring BOD & COD analytical requirements contained in DTF's draft permit as well as my perspective on the stormwater program at DTF. I've attached Figures 1 and 3, which are the Site Vicinity Map and Site Plan, respectively. Please note that in Section C: Location Map of the draft permit, the text box pointing to the DTF plant is to the area northeast of the plant's actual location. The attached Figure 1 shows the actual location of the DTF plant. Figure 3 shows the impervious and pervious surface areas where stormwater will discharge to Outfall 001. Stormwater at all operational, loading and unloading areas drain to the chemical sewer system and ultimately to the WWTP owned and operated by DAK Americas, which operates under a separate NPDES permit. One possible, but very minor exception would include the handling of wood palates that are used to haul sacks of barium sulfate. The wood palettes are not stored outside, rather only set aside for an hour or two on a driveway while the barium sulfate is being handled in the warehouse. The wood palettes are then moved inside the warehouse for storage. Please note that barium sulfate would not likely show a response in the COD analysis. If possible, DTF has no exception to monitoring for pH and Oil & Grease, but would like to remove BOD and COD monitoring from the draft permit. Thank you for your consideration and please do not hesitate to contact me if you have any questions regarding DTF stormwater management/infrastructure or if you have a differing opinion as to the need for BOD and COD monitoring. Sincerely, Ed Edmund Woloszyn, Jr., R.E.M. Senior Project Manager �SBcME ENGINEERING INTEGRITY. S&ME, Inc. 3201 Spring Forest Road Raleigh NC 27616 Map Ph: 919-872-2660 Fax: 919.876-3958 Mobile: 949-218-7790 cwoloszyn(r.),smeinc.com www.smeinc.com This electronic message and its attachments are forwarded to you for convenience and "for information only." The message may represent a summary with limitations, conditions and further explanations omitted in the interest of brevity and time constraints. The contents of this electronic message and any attachments may be preliminary and incomplete, subject to review and revision. If this electronic transmittal contains Findings, Conclusions or Recommendations, S&ME, Inc. will submit a follow-up I of'2 2/10/2009 1:401'M Stormwater I'Cnn]t HNCS000056 - Owner address change Subject: Stormwater Permit #NCS000056 - Owner address change From: Harvey M lwerks <Harvey.M.lwerks a USA.dupont.com> Date: Fri, 6 Feb 2009 15:45:4; -0500 I'o: Sarah.Young a ncmail.net CC: .lennifer .tones <,Iennifer..Iones@nctnail.nct> Please note that the current mailing address for the DuPont Teijin Films Cedar Creek Site (Stormwater Permit # NCS000056) located at.3220 Cedar Creek Road, Fayetteville, NC is: DuPont Teijin Films Cedar Creek Site 3220 Cedar Creek Road Fayetteville, NC 28312 Harvey Harvey lwerks SHE Specialist DTF Cedar Creek Site Fayetteville, NC (910) 433-8233 (Tel) (910) 433-8388 (FAX) Sarah Young <Sarah.Young@ncmail.net> 02/06/2009 02:18 PM To Jennifer Jones <Jennifer.Jones@ncmail.net> cc Harvey M lwerks/US/PETIDPT@DPT Subject Re: Owner address change Just make sure you reference the facility and permit number. Thanks! 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. Jennifer Jones wrote: > Hi Harvey, > T spoke with Sarah Young here and if you could just please send us an > email with your updated owner address ghat will be sufficient - you do > not need to fill out that form. > Thank you, > Jennifer Jones This communication is for use by the intended recipient and contains information that may be Privileged, confidential or copyrighted under applicable law. if you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e-mail, in whole or in part, is strictly prohibited. Please notify the sender by return e-mail and delete this e-mail from your system. Unless explicitly I ol'2 2/10/2009 10:47 AM �h .- >O pF W ATFRQG t ti Beverly Eaves Perdue, Governor 0 7 Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Q `C Coleen H. Sullins, Director Division of Water Quality February 5, 2009 (Originally January 29,'2009) Mr. Harvey Iwerks DuPont Teijin Films, Inc. , Cedar Creek Site 3220 Cedar Creek Road Fayetteville, NC 28312 Subject: Draft NPDES Stormwater Permit Permit No, NCS000056 DuPont Teijin Films Inc., Cedar Creek Cumberland County Dear Mr. Iwerks: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the.draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring chap eg_s-. 1. Analytical monitoring parameters BOD, COD and Oil and Grease have been added to this permit. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative, storm event as defined in Part 11 Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit: Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall'then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however,) No,'' Carolina tura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, TIC 27699-1617 Phone (919) 807-6300 Customer Service Internet: h2o.enr.state.nc.us .512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 I-877-623-6748 An Equal Opportunity/Affirmative Action Employer -- 50% Recycled110 h Post Consumer Paper Mr. Harvey Iwerks DuPont Teijin Films, Inc., Cedar Creek Site Permit No. NCS000056 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes. 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part lI Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part 11 Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non=stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation,or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months_ If you have any questions or comments concerning this draft permit, contact me at (919) 807-6379 or at jennifer.jones@ncmail,net cc: Fayetteville Regional Office, Trent Allen Stormwater Permitting Unit Central Files Attachments Sincerely, Jennifer Jones Environmental Engineer Stormwater Permitting Unit W _ I 2 �OF W A rE,9 13eveAy Eaves Perdue, Governor `aC� QG Dee Freeman, Secretary North Carol4na Department of Environment and Natural Resources p Coleen H. Sullins, Director Division of Water Quality January 28, 2009 Mr, Harvey twerks DuPont Tegin'Films, Inc. , Cedar Creek Site P.O. Box,630 Fayett ville, NC 28302 Vv - V`' + KV Subject: Dear Mr. [works: Draft NPDES Stormwater Permit Permit No. NCS000056 DuPont Teijin Films Inc., Cedar Creek Cumberland County Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Analytical monitoring parameters BOIa, COD and Oil and Grease have been added to this permit. 2. pl-i has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 1I Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and S. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) [1n,Carolina "Ntura!!y North Carolina Division orwater Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 907.6300 Customer Service Internet, h2o,emstate,ne.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/1 0% Post Consumer Paper Mr. Harvey Iwerks DuPont Teijin Films, Inc., Cedar Creek Site Permit No. NCS000056 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes. 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11 Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part 11 Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-Stormwater discharges. 4. The facility must now implement a semi-annual Facility [nspection Program of the site's stormwater management controls as specified in Part It Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES Stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact.me at (919) 807-6379 or at jennifer.jones@ncmail.net cc; Fayetteville Regional Office, Trent Allen Stormwater Permitting Unit Central Files Attachments Sin erely, y 3. Jennifer Jones Environmental Engineer Stormwater Permitting Unit P _ 2 o�oF W a rFRQG 7 � Y Beverly Eaves Pardue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Naturai Resources DATE: January 29, 2009 TO: Fayetteville Observer EMAIL: hullenders@fayobserver.com FROM: SARAH YOUNG, DIVISION OF WATER QUALITY, 919.807.6303 SUBJECT: PUBLIC NOTICE Coleen H. Sullins; Director Division of Water Quality Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, February, 3, 2009. Please fax a copy of the proof to me at 919-807-6494 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Sarah Young NCDENRfDWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 Dupont Teijin Films, Inc., Cedar Creek Site, P.O. Sox 630. Fayetteville, NC 28302 has applied for an NPDES Stormwater Permit to discharge stormwater associated with industrial activities at a facility located at Dupont Teijin Films, Inc., Cedar Creek Site, 3220 Cedar Creek Road, Fayetteville, NC, Cumberland County. The facility discharges to waters designated as the Cape Fear River, within the Cape Fear River Basin. Copies of the draft permit, No. NCS000056, are available by contacting: Jennifer Jones NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-807-6379 Jennifer.jones@ncmail.net Persons wishing to comment upon or object to the proposed determination are invited to submit their comments in writing to the above address no later than March 5, 2009. All comments received prior to that date will be considered in the final determination regarding permit issuance:, All comments and requests should reference draft permit number NCS000056. N. C. Division of Water Quality 1617 Mai! Service Center Raleigh, NC 27699-1617 (919) 807-6300 9101 r t.�t]Efi�K Customer Service 1 800 623-7748 i '4N .r File Edit Searches Format Ad Makeup Hy Tools Option; Dummy Trjo bars- Window Help lJ Imo: ii:ol 6.:1�db�1Y11I '� ci! ,��. apace tl iu".` .r . P�..:_,f.=.. 112912009 . 1., �r' ,Ad Content, M Class Defaulturiclt _�;� 5 8 J Auto Y,d T , r I PUBLIC NOTICE State of North Carolina Environmental MarrsgamentComrnission 1617 Mail Service Center Raleigh NC 27699-1617 Dupont Teiiin Films, Inc, Cechr Creek Site, P.O. Box — 630, Fapemville. NC 23302 has applied for an NPDES Storrnwater Permit to dis- cl-arm stormwaier assa:i- ated with industrial activi- ties at a facility located at Dupont Teilin Films, Iric., Cedar Creek Site, 3220 Ce- der Creek Road, Fayette - Ville, NC, Cumberland _ County. The facility dis- c l'erpes to waters designat- ed as the Cape Fear River,_ within the Cage Fear River rN} Besir7. `Copies of if'e draft hermit. No. NCS000056, are availa- bl; bycontactinq: Je nn'rfer Jor'i:s INC Divas ion of Water Qua l itv 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: f9191-807-6379 ' ,Jennifer.ianes�?q r,Crrr�il.rr t rn — Pem ons ws hi np to c orn- ment upon or object to the oropC6ed determirrtion are invited to submit tl,ir com- ments in writing to tl'e above address no later 0'en Harrah 5, 2009_ Ali corrF I ments recei}.Fd prior to tlrt 1 date will kY consid;red in the final deterrnfn3tion re- pardinn rermit issuance. All comments and requests v — should reference draft per- mit number NCS000056. 0 q , , , Edit AdOt rd Mode 31five, NC DEPT OF Ef Jv & NAT RESOURC;'00891820e; 519.715 4YNo Contr nits 491 AdiSaoluer i r!�t Customer Manager fc� Jan.26 to 30 AFFIDAVIT OF PUBLICATION NORTH CAROLINA Cumberland County PUBLIC NOTICE State or Norlh Carolina Environmental Management commisslon 1617 Mall service Geller Raleigh, NC 27699.1617 1j t Teijin Tifna, !nc . Cede 4eek Sim, i'.O. Boa 630. Fayetteville, NC 21 302 has applied for an NMF.S Swrrnwater Pe dl to dis- 6.9c stortnV.'91er associ - ated vrith industrial siivi. ties at n facility heated at 1u t Teijin Fdnm' Inj f�ednr Creek Site, 3270 Ce- dar Creek Road, Fayette - ville, NC, Canrtberlanl County. The facility dia- chargea to -atm ikslg1171 - W its d+e Cape Fenr fllver, within the Cape Few River Basin. Copies of the draft pernilt, Nu. NC5000056. we avadit He by :.nl;,L ng: leemifer ?mre& MC Divw— of R'smr Quality 1017 Mall Service Cenrer Raleigh, NC 276W-1617 TolNZ- ItambT Jemrifa janee®rrcmail-net Petams aaustnng ro corn• meal apou « u6J<ct To dte j,ro�OssJ Jcrundnttwn are tnvtmd to submit their com- ments In writing to the above address n,, later dian March S, 2009. All earn . "nu received prior to that d'm ill lac comidemd !n the final deternrhtailon m. prdir,g Patel/ INuorr.'e. All wrrunenn and re heats should rafrrc t, droll per- mit number NCS00005G. Before the undersigned, a Notary Public of said County and state, duly commissioned and authorized to administer oaths, affirmations, etc., personally appeared. CINDY L. OROZCO Who, being duly swom or affirmed, according to law, doth depose and say that he/she is LEGAL SECRETARY of THE FAYETTEVILLE PUBLISHING COMPANY, a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as the FAYETTEVILLE OBSERVER, in the City of Fayetteville, County and State aforesaid, and that as such he/she makes this affidavit; that he/she is familiar with the books, files and business of said Corporation and by reference to the files of said publication the attached advertisement of CL Line PUBLICNOTICESTATEOFNORTHCAROLINAENVIRONMENTALMANAG EMENTCOMMiSSION 1617MA1 LSERVICECENTERRALEIGHNC27699161 70UPONTTEIJINFILMSINCCEDA of NC DEPT OF ENV & NAT RESOURC was inserted in the aforesaid newspaper in space, and on dates as follows: 1 /30/2009 and at the time of such publication The Fayetteville Observer was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C. The above is correctly copied from the books and files of the aforesaid corporation and publication. 1, _ ;ECRET Title (Cumberland County, North Carolina Sworn or affirmed to, and subscribed before me, this 30 day �of January, A.D., 2009. In Testimony Whereof, 1 have hereunto set my hand and affixed my official seal, the day and year aforesaid. Pamela H. Walters, Notary My commission expires 05th day of December, 2010. MAIL TO' NC ❑EPT OF ENV & NAT RESOURC 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-00001617 0001128781 Beverly Eaves Perdue, Govemor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Coloen H. Sullins, Director Division of Water Quality January 28, 2009 Mr. Harvey Iwerks DuPont Teijin Films, Inc. , Cedar Creek Site P.O. Box 630 Fayetteville, NC 28302 Sub�eet: Draft NPDES Stormwater Permit Permit No. NCS000056 DuPont Teijin Films Inc., Cedar Creek Cumberland County Dear Mr. lwerks: Enclosed with this letter is a copy of the draft stormwater permit for your'facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Analytical monitoring parameters BOO, COD and Oil and Grease have been added to this permit. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase -monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. if the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months, If during the term of this permit, the sampling results are above the benchmark -values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) t Carolina urally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: h2o,enr.state.nc.us 512 N. Salisbury St, Raleigh, NC 27604 PAX (919) 807-6494 I-877-623-6748 An Equal opportuniVAftirmative Action Employer - 50% Recycledlt 0% Post Consumer Paper Mr. Harvey Iwerks DuPont Teijin Films, Inc., Cedar Creek Site Permit No. NCS000056 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins.vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established, It must also deKribe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges, Additional information is provided in Part 11 Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part Il Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. if no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6379 or at jennifer.jones©ncmail.net Sin erely, � I i .PirAh-t� Jennifer Jones Environmental Engineer Stormwater Permitting Unit cc: Fayetteville Regional Office, Trent Allen Stormwater Permitting Unit Central Files Attachments -NCS000056 dtj 0F W 'A rFRQ Michael F. Easley, Govemor William G. Ross Jr., Secretary `0 (� North Carolina Department of Environment And Natural Resources rColeco H. Sullins Director =1 Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Dupont Teijin Films, Inc. NPDES Permit Number: NCS000056 Facility Location: Fayetteville, NC (Cumberland County) Type of Activity: PLASTIC MATERIALS AND RESINS SIC Code (if applicable): 2821 Receiving Streams: See Figure 1 River Basin: Cape Fear River Basin, Sub -basin 03-06-15 Stream Classification: C Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Facility Location: See Figure I Response Requested by (Date): January 19, 2008 Central Office Staff Contact: Jennifer Jones, (919) 807-6379 Special Issues: Ytifwa1�,;Issuel.� ;,.:+,.Ratio (Sealc.1 eas , xto�10 hard k Com liancb history 1 Benchmark exceedance I Location (TMDL, T&C species, etc 2 Other Challenges: 1 Difficult Rating: 5140 Special Issues Explanation: • Compliance: The facility was compliant over the past permitting cycle. For analytical monitoring all seemed in good compliance with the exception of one data monitoring point (12 March, 2001) that had light gray color, low clarity, and foam. • They had one site visit this year on 5/29/2008 from Trent Allen. According to BIMS, the storrnwater outfall was visited, the process side is piped so it -is sent to the WWTP, and the finished side runoff is captured in a settling basin and released through the.SW outfall: • Benchmarks (pH): The facility did not exceed any benchmarks. • Location: fine • Other Challenges: ok Description of Onsite Activities: Dupont Teijin Films is a producer of PET (polyethylene terephthalate) polymer, produced by polycondensation of ethylene glycol with either dimethyl terephthalate (DIIIT) or terephthaiic acid (TPA). The vast majority (more than 75 Page 1 of 11 NCS000056 ' percent) of PET production goes to captive production of fiber, film and solid-state resin. New product applications continue to drive PET growth as the former high growth applications become mature. Particularly noteworthy are y packaged water, single -serve juices, and hot filled products. Beer containers are on the horizon, but cost concern remains a limiting issue at this time. 2821 Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers: Establishments primarily engaged E Flin manufacturing synthetic resins, plastics materials, and nonvulcanizable elastomers. Important products of this industry include: cellulose plastics materials; phenolic and other tar acid resins;,urea and melamine resins; vinyl resins; styrene resins; alkyd resins; acrylic resins; polyethylene resins; polypropylene resins; rosin modified resins; coumarone-indene and petroleum polymer resins; miscellaneous resins, including polyamide resins, silicones, pofyisobutylenes, polyesters, polycarbonate resins, acetal resins; and. fluorohydrocarbon resins; and casein plastics. Establishments primarily engaged in manufacturing fabricated plastics products or plastics film, sheet, rod, non - textile monofilaments and regenerated cellulose products, and vulcanized fiber is classified in Industry Group 308, whether from purchased resins or from resins produced in the same plant. Documents Reviewed: • NPDES Stormwater Permit Application materials + Stormwater Permit File, Submitted materials + TRI Maps data and links. • BIMS entries • Hazardous and Non hazardous stormwater management summary • Monitoring data Endangered Species: No aquatic threatened or endangered species near there, January 25, 2008. • TMDL Reviewed o 2003 303D list: Chlorophyll a. Cape Fear River - sectionl8-(26)a. Downstream (- 6 miles) in Cape Fear River. o 2003 303D list: Rockfish creak, upstream, (-2.5 miles), on list for low pH. • EPA Multi -Sector Permit. Sector C: Zinc Benchmark. I am not sure why this has been entered but I do not believe it is applicable and have therefore not added it. • Called permittee: all of process area seems to run to WWTP = ALL of stormwater from that area. This may need to be verified with a site visit. Also, some of DAK next door appears to be running from their parking lot to the DuPont SW outfall. Also some roadways for industrial truck bringing raw and finished materials and cars and the parking lot runs to the stormwater outfall. History: • September 26h, 1994: Permit first issued: • January 16, 1998: Facility Name Change from 1CI Americas ownership to E.I. du Pont de Nemours and Company (DuPont Teijin Films). • March 15, 2000: Permit re -issued. • October 6`h, 2004: Permittee submitted renewal application: • May 29, 2008: Compliance visit by Trent Allen Page 2 of 1 I NCS006056 Figure 1: Map of Dupont Teijin Films Facility Ax /�'r4 i 97 # '!i 1 stq' l���e' � � • ti r,`^ � ,� �. ♦ t Y ]'r•Y 7Ki" p r° �, � rog.°4��, ;�c �� ��•k! � :.- ��` `fir, �e ,i4.v � � �F�:�IY� •day y'M Cp s, .Y'7 i`_S'; ii "fi -0 11 :°: 'i► h- agryf '�WT�"=,1'W-` -t� 5A 6 • ♦ i� ut� t1y',q_S J. -�� • ..°G4 l`,' f • Tea ' 9 'ia is ss •t. .� . .1{"r_^�'f k 391 J �b�• ; �1�r ..g5•. ,�' if ,� V' ,�' 1 ' �¢_� • •����' I' e • ,Aii 4b ,��1 +� � yFs"S� a l•�. � p,� �` h s.'•t a. Judson 02 20- �' �r.--r�l�'`i•�sF' • 14 !�' 4 � ' �•1 . • • At • N�'i"r i`kai ha���� � ti it ''T�,3�,'� �2 16f } � s�- � tip! � 4 •wb ��11`�fgl7` n� �! 1 ftiS� . I Ai2� ��. 1.r r wag l ti ti s� rav,Nt '�"w�}1 � ': y3 �� } � `"i. �*icr�x �� � u ♦ � �J , j' �i% ` � 'V'`''��1`� • "fir � i � €.(y�.. "'1� � �I ,- .�ePP+ {1Ali¢!, ,♦ \�1€ i^i e1'-I• i'-T �'..c. }' = t,•i I$}}'r� as �1' 'C�,y• '• •1. 1f4 r�' A+ •q' rrf q"( ,,� #sir' h����'+�`� I� ���� }--'.'"'+� °�itO- .�ti�; >�` E• 4 �r2� i ur�'� � .aiY �..- a:.�� ��> 7.s�ir�. � . ��r�\'�;;.�.. '\ y "" �s� / �I.�An tc �. �_I g t i�,C•-���� �` �/,1�# ,� ' � - '. r n.•w•..ai ti:.,: • �,! ,fAN�43'F.l �'-r[':ef. •f �f 6' I, r���� �a'S ♦ 6 .�i�. i" 1kcI 'F I 1'r,q .:.� _ ♦ '1.- .iai"C.>f-. !d, f' �T��1 •'? �`�I �n "q�% li`� `�, '� '�S't, 9 �; w". ;'�� , 'p;Jl �„ t7: Dupont Teijfn Films "i�''^''� j' , i Si i' �� ��� •iF+ T •' j J i. 1�{Sf<i �e�5 ` - � ` � f ♦��� �'�..�.`� � .� 4� -w�� .a�, �• 4y.{! a� h .-i. .l,�{. i �i+iri k�i, � s �\�i. � �' � r �?_ y �r4 ,r.,.a,4��,`�f�+? �� �:�1�' ry 4�,� xr �l�.�iri ' ��'in� \ ' i ���� ��.� • fa�_la :"' L•_% '--'�\ ,� ,'�_'t�"`- i �4444�"•� • $i�. •� .� ' "_` fe"• .?f, sf-.• �� � k �i��'.•%�i`r�.�._, �•,� `;; ti.:�'•rriij[ s`� i 3,��.,A�V, - \.- 1 �s4 �'� i �t ate;. may. �i1 �1 L�„3%.`� � � 'F •�'���� 4� � ' '���`�1{� :`'S"�,.Wt,1; � kl �.1!!fp{.�—Yr r,�'j�A ram• � � lil .;}' •• ��"!.f •, �- -k..1 �r.f r• �'. L � �7�` 1�Ji�iJ1R j ` j/��r 'h°• � �« ` � lA`w�,.��� �• : � .+'� ��,�i.�_-i1•, r 1 . 15 'V � i .tip=!;•,-•`t t./' �� `�, � ti- `.a S t,•`. • i' '• • M G ��-.-.��lMa.'�'' ��i s��+,.r��'{{�s� �; h7r-T.A �,�- � r � J � `'C L � � • I , r� �i'�• ?1y y�i �i1�J� y�� `^�.�����']'x''�"��'' �,`.--• I ••+ri•••�_ � • ,r. �', c'� �TBff� , j, � `�. t•.MG I �y �``.'=R '�;' .�.,�� � .... JY ���^jlT�,4 }�kJ; 1� '.�ti>� �_ .F.Lis.-' � xo�le,�,.{T•r r 'It;' V �I T�>� .at / �"'�••'�:s:�"r.v�„'",,'":.-• ...-`fin' ,-., �� ¢��:rl�`,�•y, .�cy� \. .. � s�+6 � � Y''rt �� / 1 Jw(�' C: .✓ �r���r vi;%I K_ � � �r {�'�� � 11�� 4�j•+ t����Y.?,4 � e �. �� `�, •ti�V�,s' J1� +�!r„ ` ��'�1 NCGOOOO56 'Du Pont Teijin Films 1' Latitude: 340 59' 31.03" N Longitude: 780 47' 45.061" W Receiving Stream: Cape Fear River Stream Class: C Plap Scale 1:18,714 Sub -basin: 30-61-05 (Cape Fear River Fusin) Facility Location Page 3 of I I NCS000056 Central Office Review Summary: 1. Owners Other Permits: (If applicable) Statute System Source I❑ Facility Street Address city State Zip Name DU FRS 110006828601 PONY 3220 CEDAR CREEK FAYETTEVILLE NC 28302 TEIJIN ROAD FILMS CAA �AFS �3705100198 DUPONT TEIJIN FILMS 3220 CEDAR CREEK ROAD FAYETTEVILLE NC 28301 DuPont Teijin JCWA PCs NCS000056 Films Cedar Creek Rd FAYETTEVILLE NC 28302 Cedar Crk DUPONT TEIJIN RCRA RCR NCD990714479 FIWS - 3220 CEDAR CREEK FAYETTEVILLE IN 28312 CEDAR ROAD CREEK SITE i DUPONT �28301 TEIJIN iEP313 TRI DPNTT3220C FILMS 3220 CEDAR CREEK FAYETTEVILLE NC 28312 CEDAR RD CREE K SITE Inspection and Enforcement Summary Data Statute Source ID Insp. Last 05Yrs Date of'Ust Inspection Formal Enf Act Lastl :05.Yrs Penalties Last 05 Yrs ; CAA 3705100198 �5 03/05/2008 10 $00 ,CWA INCS060056 1 05/29/2008 0 $00 IRCRA INCD990714479 0 03/62/1988 10 $00 Seem to be compliant according to EPA TRI database, no fines and no compliance issues. No compliance issues in BIMS. 2. General Observations: a TRI Data from Google Maps. Have some hazardous waste material -- the worst seeming to be the Acetaldehyde, ethylene glycol, methanol, and antimony compounds. I reviewed the reports below from -the TRI data. o EPA Inspections Report o EPA Facility Profile o EPA Envirofacts Report TRI Total Releases and Transfers by Chemical and Year Chemical releases and transfers are in pounds except where otherwise noted. - Chemical` Name 1998 1999 2000' 1 2001' -2002 '" 2003 ` I � 2004 1 2005 1 2006 I ANTIMONY COMPOUNDS 138 1 108 69 1 77 86 MANGANESE COMPOUNDS 35 . [_3_4_j 30 30 36 METHANOL 1326,800 202,000 199,900 292,800 114,140 142,600 163,200F ACETALDEHYDE 14,200 147,900 120,460 121,940 40,850 145,410 32,340 ETHYLENE GLYCOL 1 1 3,478,730 469,300 529,450 140,266 234,200 259,800 J252,570 I Page 4 of 11 NCS000056 From their information: Several Above ground Storage Tanks: ASTs. Ethylene Glycol, Methanol, Glycol, Dimethyl Terephthalate (DMT), No. 2 fuel Oil, and Dowtherm. Each 2d'ary containment is designed to contain the cumulative capacity of all AST located there. Stormwater from each containment area is pumped into the chemical sewer system through a manual operated steam injection system. Chem sewers are sent offsite to biological treatment. • DMT: Containment wall and earthen floor. Solid at room temp. From Scorecard: Chemical Profile for 1,4-SENZENEDICARBOXYLIC ACID, DIMETHYL ESTER (CAS Number: 120-61-6). NO information in Scorecard. • Diethylene Glycol: tanker on eastern end of site. Dispensing ports are located at diked containment area, spill contained while loading. Drain that flows to chemical sewer. • Diesel fuel: ASTs with 2Idary containment. South end of site. AST is located in curbed area fitted with a valve that controls stormwater flow to the chemical sewer. • All solid drummed non-haz waste: is stored on pallets in secured fenced area. All runoff from here goes to impounding basin then to DAK Service's WWTP. • All haz waste: stored on pallets in concrete containment area. Trench drain to chemical sewer and then to DAK Services' WWTP. • Methanol and di -Ethylene Glycol: loaded for transport at one of the rail -loading stations in front of the non=haz waste storage area. All SW is either captured in the chemical sewer or the impounding sewer — where conveyed to DAK's WWTP. COD and BOD are being tested in the WW outfall and this should capture it if these are in there. o Methanol — they don't bring it in — its is a by product. It is loaded on the south side by rail and taken away. This area is drained to the WWTP. o Ethenylene glycol comes in by truck and by rail. — The rail car area is on the south side of the plant. And when it comes in by truck — there are hoses in that area. All of both of these areas drain to the chemical sewer area. o Our benchmark: [ethanol 7,700 mg/L 'h FAV (ECOTOX 3/07) (March 2007, J. Dent) thylene Glycol 14,000 mg/l 1/2 FAV derived from EPA's ECOTOX Database (2004, J. Wynn). ("based on limited data) • Acealdehyde -- not released through the water, it is released through air emissions. There is some acetaldehyde in the WW which goes to the WWTP. Or Acetaldehyde goes to process lines that go to the thermal oxidizer. All gutters from process areas go to the WWTP. • All SW from raw materials or by-products: Considered to be potentially contaminated and processed in the DAK Service's WWTP. • Non- haz materials: PET chips. Chip Bunker and pack out/loading areas in N. side of plant. SW from here goes to SW retention basin prior to leaving the site and discharging to the Cape Fear River. • Antimony: Antimony trioxide (Sb203) is a catalyst that is often used in the production of PET. It remains in the material and can thus in principle migrate out into food and drinks. Although antimony trioxide is of low toxicity, its presence is still of concern in human packaging. o Antimony comes in by truck in bags. It comes in on the loading dock on the west side of the building. The truck backs up to the covered area, and this has a drain that goes to the chemical sewer system — which goes to the WWTP. °-'o Not recommended that tested for as all areas where used go to WWTP. Antimony 0.09 rng/l 10uahty 1/.2 FAV (Antimonylll), EPA's 1988 Ambient Water Criteria for Antimony all) • Sw from gatehouse, engineering bldg, admin offices, and warehouse: Collected in storm sewer and conveyed to the SW retention basin. SW from these areas is considered to be clean — Page 5 of I I NCS000056 from roof tops and surrounding impermeable areas. Questions: o Are there a lot of stacks on the rooftops of the bldgs? Yes but it is all going to the WWTP according to their onsite Environmental Specialist. Is the manufacturing rooftop runoff going to the SW drain? No. o ❑oes all stormwater all the time go to the WWTP? Yes. Doesn't this create a lot of water for there to treat? They have a holding pond. See other notes. 3. Impairment: DuPont Teijin Films discharges into the Cape Fear River. This section is not listed on the 303d list; however, it is about 10 miles upstream from a 303D listed section for Chlorophyll a. Upstream may be impaired but might not have been tested. 4. Threatened and Endangered: No aquatic threatened or endangered species near there, January 25, 2008.T 5. Location: NA. South of Fayetteville in'sub-basin 30-06-15. Not difficult to locate. RIMS appears to be correct and is consistent with GIS data 6. Industrial Changes Since Previous Permit: o Changes as of submittal (2004): None o Changes since submittal (2004-2008): ?? 7. Analytical Monitoring Notes: Analytical monitoring seems complete. pH was only parameter and was always within limits (6-9). 8. Qualitative Monitoring Notes: • For analytical .monitoring all seemed in good compliance with the exception of one data monitoring point (12 March, 2001) that had light gray color, low clarity, and foam. Page 6 of 11 Rc: Review of phone discussions ,Subject: Re: Review of phone discussions From: Harvey M Iwerks <Harvey.M.lwerks a USA.dupont,cam> Date: Wed, 17 Dec 2008 15:06:53 -0500 To: Jennifer.Jones rr ncmail.net Hi Jennifer, i have made a few comments far clarification on the attached file. My comments are in red and bold. If you have need for additional clarification or information, please feel free to contact me. Harvey Harvey Iwerks SHE Specialist DTF Cedar Creek Site Fayetteville, NC (910) 433-8233 (Tel) (910) 433-8388 (FAX) Jennifer Jones <Jennifer.Jones@ncmaii.net> 12/17/2008 11:06 AM Please respond to T I';Jennifer.Jones@ncma-11.net Hello Mr. Iwerks, To Harvey M IwerkslUS/PET/DPT@DPT, Jennifer, Jones@ncmail.net" <Jennifer.Jones@ncmail net> cc Subject Review of phone discussions I have enclosed my notes of our phone conversations dated 12/8/2008 and 12/17/2008 (today). Please review and reply as to whether you do or do not have any comments or clarifications of these. Thank you again for your time, Jennifer Jennifer Jones Environmental Engineer NCDENR I DWO I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 I of 2 . 12/18/2008 8:45 AM Re: Review of phone discussions 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: jennifer.jones@ncmail.net website: http://h2o.enr.state.nc.us/su/ [attachment "Discussions with permittee.doc" deleted by Harvey M lwerks/US/PET/DPT] This communication is for use by the intended recipient and contains information that may be Privileged, confidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e-mail, in whole or in part, is strictly prohibited. Please notify the sender by return e-mail and delete this e-mail.from your system. Unless explicitly and conspicuously designated as "E-Contract Intended", this e-mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e-mail does not constitute a consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties.- Francais Deutsch Italiano Espanol Portuguese Japanese Chinese Korean http://www.DUPont.com/corp/email disclaimer.html lUiscussinns with �ermattec ltl.d Content -Type: application/octet-stream' i �l `Content -Encoding: base64 2 of 2 12/18/7-008 8:45 AM Discussions with permittee: Harvey lwerks, 910-433-8233, Harvey. in, i werksusa.du ont.com, Called H. lwerks December 8, 2008: 1. Q: What secondary containment do you have? a. ANSWER: All AS`rs have secondary containment and concrete dikes. b. DMT: the tank is heated to 150 C, surrounding the tank is an earthen floor, at RT DMT is solid. At what temp does it begin to turn liquid? Always solid even when summer. Melt point is quite high. (140 —142 IQ c. On the rail cars there are raw materials which unload from here. d. Below the rail tracks that goes to the dry chemical sewer. All goes to the WWTP. e. The diesel tank is double walled and sits In a curbed area and with any spills or outer wall tank release going #ems to the WWTP. 2. Q Are there a lot of stacks on the rooftops of the bldgs? Is the manufacturing rooftop runoffgoing to the SW drain? a. ANSWER: Rooftops for the polymerization go to the WWTP. All the industrial roof -runoff goes to the WWTP. b. To SW outfalls: engineering bldg, some roadways within fenced areas, office area rooftops, and gatehouse.. c. What is traveling on the.roadways? Tanker trucks for filling, to make delivery, or to pick up materials and take them out. Also, cars and people. d. Do you know how many trucks come per week'? No: e. What do you do with oil'spills on the roadway? Not a problem. f. The filling areas for the tankers go to the WWTP. 3. Q Does all stornovater all the time go to the WWTP? Doesn't this create a lot of water for them to treat? a. ANSWER: In :cases where they can't pump.it fast enough to the WWTP they hold it in the impounding basin. Depending on how fast the water is generated then water is switched to the impounding basin. That can be done remotely from their control room. They can divert it to the basin where it is then held until they can send it to the WWTP. b. This is monitored (lift stations etc). 24-7, on holidays, etc. because they are monitoring their process. 4. Q What relation does this site have to NCS000389 — DAK Americas, LLC. Does any SW from Wellman, DAK Service Complex and DAK America's, LLC flow to/from these sites to DuPont Teijin Films site? a. ANSWER: They used to be the same site, and now it is sold off. They have a fence between them. b. There is some SW runoff that belongs to DAK —the parking area and some silo area that crosses into the DuPont site and flows into the DuPont SW basin. 5. Do you know what the silo holds? a. There are some catch basin wound the DAK final product silos. DAK makes a PET resins similar to DTF. 6. Do you have any SW from your site that runs onto either of their sites? a. DuPont is located between the two DAKs. They are on either side and they are separated by a fence. They DAK owns the parking lot and DuPont parks in their parking lot. b. SW from DuPont goes ate through piping under the DAK parking lot and then says that the DTF 5W combines with SW from the DAK parking lot and silo areas with all of it gees, going to theif the DTF SW basin. c. Had 3 2 SW visits - one from state and county/city all in May of 2008. d. The entire southern part of the plant does not go the SW outfall 7. Do you have a site map with topo lines on it? a. Yes. [1-Ie sent it.] 8 Have you ever had an overflow from the impounding hasin? a. Not even during the 1990s or hurricanes. 9. Please send me the analytical and visual monitoring data. a. He will send me the site plan and analytical and visual monitoring. 12117/2008: Spoke to Mr. Iwerks again by phone: 1. Where are Acetaldehyde, ethylene glycol, antimony and methanol unloaded and how do they come into the plant? Methanol and di -Ethylene Glycol: Methanol is, a process by-product which is loaded for transport off -site by railcar at the loading station just south of the CMT Tank. - . Di - ethylene glycol is received by truck and is unloaded at an unloading station just north of the MGT Tank. All SW is either captured in the chemical sewer or the impounding sewer -- where conveyed to DAK's WWTP. a. E*",e Ethylene glycol comes in by truck and by rail. - The rail car area is on the south side of the plant. And when it comes in by truck - there are hoses in that area. All of both of these areas drain to the chemical sewer area. b. Methanol - they don't bring it in - it is a by product. It is loaded on the south side by rail and taken away. This area is drained to the WWTP. c. Asealdehyde Acetaldehyde-- not released through the water, it is released through air emissions or Acetaldehyde goes to process lines that go to the thermal oxidizer. There is some acetaldehyde in the WW which goes to the WWTP.. All gutters from process areas go.to the WWTP. d. Antimony comes in by truck in bags. It comes in on the loading dock on the west side of the building. The truck backs up to the covered area, and this has a drain that goes to the chemical sewer system - which goes to the WWTP. .NCS000056 Revised Permit Recommendations: Analytical Monitoring: I. Oil and Grease, COD & BOD were added due to the parking Iot and industrial raw material trucking that were flowing to the SW outfall. Also one monitoring point had light gray color, low clarity, and foam. 2. pH was kept in analytical monitoring requirements, 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part 11 Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier l and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. The permitter is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required'regardless of representative outfall status. 6. The permittce is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. Other Proposed Changes to the Previous Permit: Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The snap requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part 11 Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4.. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. I . Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Discussions with permittee: Harvey lwerks, 910-433-8233, Harvey.m.iwerksOusa.dupont.com, Called li. lwerks December 8, 2008: Page 7 of l I NCS000056 1. Q: What secondary containment do you have? 'a. ANSWER: All ASTs have secondary containment and concrete dikes. b. DMT: the tank is heated to 150 C, surrounding the tank is an earthen floor, at RT DMT is solid. At what temp does it begin to turn liquid? Always solid even when summer. Melt point is quite high. c. On the rail cars there are raw materials which unload from here. d. Below the rail tracks that goes to the dry chemical sewer. All goes to -the WWTP. e. The diesel is double walled and flows to the WWTP. 2. Q Are there a lot of stacks on the rooftops of the bldgs? Is the manufacturing rooftop runoff going to the SW drain? a. ANSWER: Rooftops for the polymerization go to the WWTP. All the industrial roof -runoff goes to the WWTP. b. To SW outfalls: engineering bldg, roadway within fenced areas, office area rooftops, and gatehouse. c. What is traveling on the roadways? Tanker trucks for filling, to make delivery, or to pick up materials and take them out. Also, cars and people. d. Do you know how many trucks come per week? No. e. What do you do with oil spills on the roadway? Not a problem. f. The filling areas for the tankers go to the WWTP. 3. Q Does all stormwater all the time go to the WWTP? Doesn't this create a lot of water far them to treat? a. ANSWER: in cases where they can't pump it fast enough to the WWTP they hold it in the impounding basin. Depending on how fast the water is generated then water is switched to the impounding basin. That can be done remotely from their control room. They can divert it to the basin where it is then held until they can send it to the WWTP. b. This is monitored (lift stations etc). 24-7, on holidays, etc. because they are monitoring their process. 4. Q What relation does this site have to NCS000389 -- DAK Americas, LLC. Does any SW from Wellman, DAKService Complex and DAKAmerica',s, LLC flow to/from these sites to DuPont Teijin Films site? a. ANSWER: They used to be the same site, and now it is sold off. They have a fence between them. b. There is some SW runoff that belongs to DAK —the parking area and some silo area that crosses into the DuPont site and flows into the DuPont SW basin. 5. Do you know what the silo holds? a. No. He has to pull the drawings. h. Do you have any SW from your site that runs onto either of their sites? a. DuPont is located between the two DAKs. They are on either side and they are separated by a fence. They own the parking lot and DuPont parks -in their parking lot. b. SW from DuPont goes into the DAK parking lot and then says that all of it goes to their SW basin. c. Had 3 SW visits — one from state, county and city all in May of 2008. d. The entire southern part of the plant does not go the SW outfall 7. Do you have a site map with topo lines on it? Page 8 of 1 i NCS000056 a. Yes. [He sent it.] S. Have you ever had an overflow from the impounding basin? a. Not even during the 1990s or hurricanes. 9. Please send me the analytical and visual monitoring data. a. He will send me the site plan and analytical and visual monitoring. -- Original Message-------- Subject:Reduest for additional Information: NCS000056 DuPont Teijin Date:Mon, 08 Dec 2008 17:30:00 -0500 From:Jennifer Jones <Jennifer.Jones@ncmail.net> Reply-To:Jennifcr.Jones@ncinail.net Organization:NC DENR / DWQ To:laarvey.m.iwerks@usa.dupont.com CC:Jcnnifer.Jones@ncmail.net <Jennifer.Jones@ncmail.net>, Mike Lawyer <Mike.Lawyera ncmail.net> Hello Mr. Iwerks, Thank you for speaking with me on the phone today about your stormwater outfalls. As we discussed today on the phone, please send me an electronic copy of your site plan. If you have one with topographical lines clearly marked that would be helpful. Please -also send a copy of.your analytical and visual monitoring from 2004-present. Thank you and please let me know if you have any questions or concerns regarding your permit renewal, Jennifer• Jones 12/9/2008: Called Al Hardee @ city of 910-433-1669 in the City of Fayetteville. Could not get through on voice system. Currently their permit is a joint city/county permit— MS4 reissued without Cumberland County in it. 12/9/2008: Called Trent Allen. Lett message. 12111/2008: Spoke to Trent Allen at the Fayetteville Regional Office: Most of stormwater goes to the ww treatment plant. What does go to the stormwater pond is held there because the pond is so huge and it rarely discharges. What goes to the SW pond: Silos outside. Ones side has chemicals in it and is completely covered. Most of what the SW hits is the finished silos. Most of the area is paved. They probably discharge at least a few times a year. The SW that toes to the WW is mostly under roof. So there is not that much water. Page 9 of 1 I NC5000056 Have you been to the DAK site? He is not sure about the DAK sites — there are like 4-5 different plants down there. 121171200$: Spoke to Mr. rwerks again by phone: 1. Where are Acetaldehyde, ethylene glycol, antimony and methanol unloaded and how do they come into the plant? Methanol and di -Ethylene Glycol: loaded for transport at one of the rail -loading stations in front of the non=haz waste storage area. All SW is either captured in the chemical sewer or the impounding sewer — where conveyed to DAK's WWTP. a. Ethenylene glycol comes in by truck and by rail. — The rail car area is on the south side of the plant. And when it comes in by truck — there are hoses in that area. All of both of these areas drain to the chemical sewer area. b. Methanol — they don't bring it in — it is a by product. It is loaded on the south side by rail and taken away. This area is drained to the WWTP. c. Acetaldehyde — not released through the water, it is released through air emissions. There is some acetaldehyde in the WW which goes to the WWTP. Or Acetaldehyde goes to process lines that go to the thermal oxidizer. All gutters from process areas go to the WWTP. d. Antimony comes in by truck in bags. It comes in on the loading dock on the west side of the building. The truck backs up to the covered area, and this has a drain that goes to the chemical sewer system — which goes to the WWTP. Page 10 of 11 NCS000056 z. 'Recommendations: Based on the documents reviewed, the application information submitted on Date sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date f Z .ti Stormwater Permitting Unit Superviso Date l Z 17 D $ $ rad%r.� i�►u-fif' Concurrence by Regional Office Date Water Quality Supervisor Date Page 11 of 11 O�0F \NATFgpG Michael F. Faslcy. Govcnwr willium G. Ross,lr., Sccrclary r North Carolina Dcpartincm of EIIVil'QIIMCirl and Nalr.rnl kc5utnccS Q Culccn ]i. Sullins. Dircclor Division 01'Wxer Quality January 13, 2009 N7E-Al0RAN1)UM TO: Jennifer Jones Stormwater Permitting Unit DWQ Central Office FROM: Trent Allen, Environmental Engineer Surface Water Protection Section Fayetteville Regional Office THROUGH: Belinda S. Henson, Regional Supervisor' Surf rce Water Protection Section Fayetteville Regional Office SUBJECT: DuPont Teijin Films Inc-NCS000056 lrldrvldLlal Stormwater Permit Renoval C Please find enclosed the Fayetteville Regional Office's comments on the subject facility's permit renewal application. If any further information is needed, please contact Trent Allen at 910-433-3322. EI1CIOSL1re cc: . FRO -Surface Water Protection Nc}nloCurt�linu ,�hrrtrrrrrlh� North. Carolina Division of hater Quality 225 Green Street -Suite 714 Fayetteville. NC 28301 Phone (910) 433-3300 Customer Service 1 I I I C r'TI Ct: Wa W. n cu';u c rq u n l i I v or Fax {910} 486-0707 1-877-623-674S An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper 0NC3000056 Z. Recommendations: Based on the documents reviewed, the application information submitted on Date sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Stormwater Permitting U Concurrence by Regional Water Quality Supervisor LAW Date tZ t" Date i r D Date /'/l?'09 t' Date �.� r- Page I I of I I IPA IDEA Query Results .1% Page I o l' 4 �.77 1, S; Ofrt.ir refit TrsG�I� �Cf{= ��5�;� �� �r;OrtrlBtiaM1 uT'St�.1S Since 1999, the pmmier enrirgn131en:al: eiifarce�ent��` analysis and reporting resource .fcr government agent l MultimeMa I (.;lean Air Act Ciean :Nate, Art State F mir f% vork I Horne Detailed Facility Report RCRA F=¢deral Cases VVatr;h List �MaReturner/ Facility Dais P Y For Public Release - Unrestricted Dissemination Report Generated on 12/0812009 US Environmental Protection Agency • Office of Enforcement and Compliancri Assurance Facility Permits and Identifiers =_t ©ictlt�nary, Statute System Source I❑ Facility Name Street Address City State Zip FRS 110006828601 DU PONT TEIJIN FILMS 3220 CEDAR CREEK FAYETTEVILLE NC 28302 ROAD CAA AFS 3705100198 DUPONT TEIJIN FILMS 3220 CEDAR CREEK FAYETTEVILLE NC 28301 ROAD CWA PCS NGW000155 Dupont Tcijin Films Cedar Crk Gcdar Creek Rd FAYETTEVILLE NC 282.02 RCRA RCR NCD990714479 DUPONT TEIJIN FILMS - CEDAR 3220 CEDAR CREEK FAYETTEVILLE NC 28312 CREEK SITE ROAD EP313 TRI 2.8301 rii'NTT32:f;)C DUPONT TEIJIN Fd.MS CEDAR CREE 3220 CEDAR CRFFK FAYETTEVILLE NC 28312 K SITE RD Facility Characteristics _Data Dicilornery_ Statute Source ID Universe Status Areas Permit Latitude/ Indian sic NAICS Expiration Date Longitude Country? Codes Codes LRT: 110006828601 34.197222, No -77.935278 CAA 3705100198 Synthetic Minor Operating SIP. NA 2821 325211 Fed. Rep } NSPS CWA NCS00065G Mt nor Acn:ve 0313112005 34 5819 , No 28-1 -78.7a83 RCRA NCD990714479 CESQG Active No 326199 EP313 28301DPNTT3220C 34,9833. NA 2621 325211 78.7375 4 the CWA permit is past its expiration date, this normally means that the permitting authority has not yet issued a new permit. In these Situations, the expired permit is normally admirisiralively extended and kept in effect until the new pQrniit is issued. For the RCRA program, activities that contribute to an overall facility status of Active are displayed in parentheses using the acronym HPACS, where H indicates handler activities. P - permitting, A - corrective action, C - converter, and S - state -specific. More information is available in the Data Dictionary. Inspection and Enforcement Summary Data Statute Source ID Insp. Last 05Yrs Date of Last Inspection Formal Enf Act Last 05 Yrs Penalties Last 05 Yrs CAA 3705100198 5 03/0512008 0 $00 CWA NCSU00056 1 05/29/2008 0 `00 RCRA NCD990714479 0 03/02/1988 0 $00 Compliance Monitoring History (05 years } Dat�:,Dictlona litip:HNvwv.epa.gov/cl;i-lain/gctIcReporugi?tool=aIIfIve&IDNumber=28301D1'NTT3220C 12/8/2008 IPA IDFA Query Results Page 2 o f' 4 e - Statute Isourue 10 Inspection Type Leall Agency Date Finding CAA 3705100198 STATE CONDUCTED FCEION-SITE State 04/29/2004 CAA 3705100198 STATE CONDUCTED FCFION-SITE State 0610 12005 CAA 3705100198 STATE CONDUCTED FCElON-SITE State 031241200E CAA 3705100196 STATE CONDUCTED FCF10N-SITF State 0813012007 CAA 3705100198 ISTATE CONDUCTED FCElON-SITE IState 03/05/2000 CA'A INCS000058 ICOMPLIANCE EVAL (NON -SAMPLING) ISIate 05/2912008 Entries in italics are not considered inspections in official counts. Compliance Summary Data Information on the nature of allegedviolat'lons is available on the FAQ page Uc tta di4U j,114 -1 Statute Source IO Current SNCIHPV? Description Current As Or Qtrs in NC (of 12) CAA 3705100198 NO 10/18/2008 CWA NCS000056 N/A Apr-Jun08 RCRA NCD990714419 No 10119/2008 0 Three Year Compliance Status by Quarter Violations shown in a given quarter do not necessarily span the entire 3 months. Information or tine nature of alleged violations is available on the FAQ page, and information on the duration of non-compliance is available at the end of this report. AIR Compliance Status Statute:Soitrce QTRI QTR3 QTR4 QTR5 QTR6 QTR7 07FR5 QTP9 OTR10 QTR11 0TR12 ICDAA: Oct- JQTR2 Jan- Apr- Jul- Oct- Jan- Apr- Jut- Oct- Jan- Apr- Jui- DecO5 Mar06 Jun06 SepOG DecOC Mar07 Jur07 Sep07 Dec07 MarO8 JunOB Sep08 3705100198 HPV History Program/Pollutant in Current Violation SIP I IC-INSP C-INSP C-INSP C-INSP C-INSP C-INSP C-INSP C-INSP C-CERT C-CERT C-CERT C-INSP NSPS I IC-INSP C-INSP C-INSP C-INSP= C-INSP C-INSP C-INSP G-INSP C-INSP G-INSP C-INSP C-INSP High Priority Violator (HPV) history section:-unadde, means the facility has not yet been addressed with.a formal enforcement action. "Addy:;"means the facility has been addressed with a formal enforcement action, but its violations have i tot been resolved. Lead Agency designated can he ttS EPA, State, Both, or No Leach Determined. If HPV History is blank, then the facility was not a High Priority Violator. C=Compliance; V=VPolstion, S=Cowpliance Schedt.iie. RCRA Compliance Status Statute:Source ID QTR1 QTR2 QTR3 07134 QTR5 QTR6 QTR7 QTR8 QTR9 QTR10 0TR11 OTR12 RCRA: Jan- IM3FO6 Apr- Juf- Oct- Jan- Apr- Jul- Oct- Jan- Apr- Jul- Oct- NCD990714479 Jun06 SepO6 Der-O6 Mar07 Jun07 Sep07 Decal MarO$ JunO8 Sep08 Ceco8 racility Level Status Compi Compl Compl Compt Compl Compl Compl Compl Compi Compi Compt Compl Type of Violation Agency The first date displayed for a RCRA Violation corresponds to the violation determination date, and the next to the reso€ution date (if the violation has been resolved). Notices of Violation or Informal Enforcement - AFS, PCS, ICIS- NPDES, RCRAInfo (05 year history) Statute ISource 17 IType of Action Lead Agency jDate - No data records returncd- Formal Enforcement Actions - (05 year history) AFS, PCS, RCRAlttfo, NCDB Statute Isource ID 117ype of Action ILoad Agency Cute jPenalty IlPenalty Description - No data records returned. In some cases. formal enforcement actions tray be entefed Loth at the initiation and fined stages ,of the action. These tray appear more than once above. Entries in italics are not "formal" actions tinder the PCS definitions but are either the initiation of an action or penalties assessed as a result of a previous action, This section includes US EPA and State formal enforcement actions under CAA, CWA and litlpJl N-N,ww.epa,gov/cgi-b'tn/getleReperl.egi'?tool=allfive&IDNLimber-2830lDPNTT3220C 12/8/2008 EPA IDEA Query Results Pa;e 3 ot'4 ICIS DatiOktion6 Primary Case Case- Load Case Is5ued1 iled Settlement Federal StatelLocal SEP Comp Law/Section Number Type Agency Name Date Date Penalty Penalty Cost Action Cost - No data records returned. Federal enforcement actions and penalties shown in this section are from the Integrated Compliance Iniormalion System (ICIS-FE&C). These actions may duplicate records in the Formal Enforcement Actions section. TRI History of Reported Chemicals Released in Pounds per Year at fJata:t3ictlonary; Site:28301 OPNTT3220C ---_ Chemical releases reported to TRI are provided foi context and are not associated with non-compliancc for that facility. Year 1 Total Air I Emissions Surtace Water Discharges Underground Injections Releases to Land Total On -site Releases Total Off -situ Transfers Total Releases and Transfers 1998 1999 2000 54,630 54,630 3,765,100 3,819,730 2001 120,400 20,400 698,800 719,200 2002 116,719 16,719 733,264 749,983 2003 12,296 12,296 442,652 455.148 2004 11,500 11,500 377,789 389,289 2005 14,755 14.755 433,162 447,917 2006 13,798 1 113,798 1434,434 1448,232 TRI Total Releases and Transfers by Chemical and Year Chemical releases and transfers are in pounds except where otherwise noted. Chemical Name 1998 1999 2000 2001 2002 2003 2004 2005 2006 ANTIMONY COMPOUNDS 138 108 89 77 06 MANGANESE COMPOUNDS 35 34 30 30 36 METHANOL 326,800 202,000 199,900 292,800 114,140 142,600 163,200 ACETALDEHYDE 14.200 47,900 20,460 21,940 40,850 45,410 32,340 ETHYLENE GLYCOL 3,478,730 1 469,300 1 529,450 1 140,266 j 234.200 1 259,800 252,570 Demographic Profile of Surrounding Area (3 Miles) Bata wction8ry_ Open more detailed information in a new window (links leave OTIS): 1 Mi ,3 K or 5 Mi. This section provides demographic information regarding the community surrounding the facility. OTIS compliance data aione are not sufficient to determine whether violations at a particular facility had negative impacts on public health or the environment, Statistics are based upon the 2000 US Census data, and are accurate to the extent that the facility latitude and longitude Listed below are correct, The latitude and longitude are obtained from the EPA Locations' Reference Table(LRT) when available. Radius of Area: 3 Miles Land Area: 98.83% Households in area: 3,292 Center Latitude: 35.017600 Water Area: 1.17% Housing units in area: 3,666 Center Longitude: -78.838700 Population Density: 294.421sr1, mi. Households On Public Assistance: 298 Total Persons: 8,226 Percent Minority: 54.80% Persons Below Poverty Level: 2,402 Race Breakdown Persons (%) Aga Breakdown: Persons J%) White: 3,784 (46.00%) Child 5 years and less: 837 (10.18%) African-american: 3,677 (44,70%) Minors 17 yuars and younger: 2,283 (27.75%) Hispanic -Origin: 256 ( 3.11 %) Adults 18 years and older: 5,942 (72.23%) Asian/Pacific Islander: 138 ( 1,68%) Seniors 65 years and older: 1,040 (12.64%) American Indian. 1428 ( 5.2O%) OtherlMultiracial: 1146 { 1,77%) Education Level Persons {°/n} Income Breakdown: Households (%) (Persons 25 & older) hlLp:/hww epa.gov/cgi-bill/&`eLicRepoil.cgi?tool=alliive&IDNtltnbei-=28301Dl"NTT3220C 12/8/2008 I PA IDEA Query'ResultS Page 4 of Less than 9th grzadw 636 (14.07%) Less than $16,000: 1,152 (34,99%) 9th-12th grades: 1.231 (25.26%) $15,000425,000: 551 (16,74%) High School Diploma: 1,539 (31.57%) $25,000-$50,004: 827 (25.12%) Some Coltegel2•yr: 9M (20.00%) $50,400-$75,000: 449 (13,84%) B.S./S.A. or more: 444 (9.11 %) Greater than $75,000: 260 (7.90%,) Please note: Entries in gran denote records that are not federally required to be reported to EPA. These data may not be relivable r� ip This report was generated by the Integrated Data for Enforcement Analysis (IDEA) systern, which updates its information frorn procgnam databases monthly. The data were last updated: AFS: 10/18/2008. PCS: 10/18/2008. RCRAInfo: 10/19/2008. FRS: 10116/2008. TRI: 02,28/2008. Some regulated facilities have expressed an interest in explaining data shown in the Detailed Facility Reports in ECHO. Please check company web sites 'or such explanations- €rb$t nt t 3iS tj to Nei c k 944 s t5 _ Data QUality Information 1 Contact Us I Privacy & Security Notice I biome Last updated on Deoember 8th, 2008 llttp:Hw%N,N1,,epa.govlcui-bitl!¢et l cRel3orl.eUi?Loci=alllive&IDNLiiilber=28301 DPNTT3220C 12/8/2008 I WHAT IS PET? i3T is tut arr-nnym for polyethylene tereplzrhalate, which is a long -chain pulyiner belonging to t}rr. generit: family of perlyesttas [11, PLT is furtItecl front the intermediates, terephthalic acid (TPA) and ethylene glycol (EC), which are both derived from oil feedstock. There are other polyesters based oil different intermediates but all are forpled by a polymerisation reaction between an acid and an alcohol. PET, in its purest form, is an amorphous glass -like material. Under the influcpcc of eaten modifying additives it develops crystallinity. Also. crystallinity can be. deve.lopo.rl by heat treaLluenL of the polymer melt. Originally patented and expWied by DuPont during the search f'ot' new fibre -forming polymers (t,31, polyester fibre applications have developed Lo Stich all extent (ha( PET represenls over 50` . OF world synthetic fibre manufacture 141. PET is used alone or blended with cotton or wool to impart better wash/wear and crease resistant properties to textiles. In the late 1950s PET was developed as a film. It was first used far video, photographic and X-ray films in addition tO uses in Flexible packaging. hater PET was modified for use in irijection moulded and extruded articles, primarily reinforced with Klass fibre. In the early 1970s PET was stretched by blow moulding techniques which produced the first oriented three dimensional structures initiating rile rapid exploiraiinn of PET as Iighiweight. tough. Lill hreakahie mottles [51. THE MANUFACTURE OF PET olyesters are made by the reaction of bifunctional acids and .alcohols, in the presence of a metal catalysi. The key polymerisation step is known as i condensation reaction in which molecules react .and release water. This is followed by a second polymerisation reaction, which occurs in the solid phase. For rnaoufacLure of PET the in.Lei mediates, pure Lereph[liuhc acid (TPA) and ethylene glycol (ethanediol), arc derived from crude oil. When heated together the first product is"a nl0t10'mcr (BHET - his-lhydroxyethyl-terephtliilote) mixed with low mnlccular weight polymers (oliganiers), '17Irt: mixture Lheu reacts further; distils ouL excess ethylene glycol and forms the PET (l"if;ure 1). At this stage the PET is a viscous molten liquid. It is extruded, and water quenclied to form a glass- like amorphous malcrial, Some PET is also manufactured LIShIg technology 1),NSed nn the dimcthyl ester of terephthalic acid (DivI '). The required high plolecuiar weight PET is manufactured by a second polymerisation stage carried out in the solid state ar loves temperatures. This effectively reproves all volatile impurities, like acetaldehyde, free glycols and water. Thu high mulitcular weight is essential for good mechanical properties providing stiffness, roughness and creep resistance while, at the same lime., giving stnllicie.tll. Ilexibikiy In resist bursting and breaking under pressure.. 5 a Once the polymer is fnrnled it is very diffic.ull to purify all(-] for lhis reason Ole purity of the starting materials is tite key to achieving the very high polynter quality rea'iuired f0lr food packaging. Vacuum distillation processes easily purify ethylene glycol whilst tcrcphthalic acid is purified by repeated crystallisation from solvents Such high purity and high molecular weight materials are needed for fond packaging applications. Catalysts are used at extremely low concentrations to promote the rrsrctions and ensure practical economics. The most common catalyst is antimony trioxide but salts of titanium, genalaniunl, cobalt. manganese. magnesium and zinc are also used and small autounts remain encapsulated into the polymer matrix or in the polymer chain itself. Figure 1. Chomisrry of formation of PET (from PTA) 11vVC. —>-- ?C rf10CR; C11,0 1— CFl3 "�' IL'o ' l J EG watrr �rn Oliyanmr In = 2 Lu 5] 1, C;Aalysl 285'C vacuum 2. Solid please polymerisation .-220'C T rr — 0R TILL o falyemyluile luwphthalare In = 130, 1501 MUIL' iflar wr:iyhL ca 25, 000 THE PHYSICAL NATURE OF PET FT exhibits interesting phvsical properties (morphology). PET' is classed as a semi -crystalline polymer and when heated above 7'2°C changes front a rigid glass -like state into a rubbery eiastic fornL where the polymer molecular ctlnitts can he stretched anc] aligned in either one directirm to form fibres, or in two directions to form films and bottles. if the material melt is cooled quickly, while still held it) the stretched state, then The chains are frozen. with their orientation remaining intact. Once set in this stretched state the material is extremely tough and confers the properties we see in a typical PET hottle. If the PET is held in the stretched. form at temperatures above 72°C it slor,vly crystallises and the material starts to become opaque. more rigid and less flexible. It is then known as crystalline PET or CPET. In this form it is capable of willistanding higher temperatures and can he used for Irays and containers capable of withsUrndirlg moderate oven turrlperatures. It is this 'heat setting' technique which also dcvclops the crease and wash resistance properties of polyester textiles. Carefrll manipulation hel.ween each of Ihese forllls ge,nermes a %vide, I'ange, of different prnducts, which are all variauls of the same basic chemical formula of PET. 6 General Permit Part 8 — Sector -Specific Regttirentents for Industrial Activity Subpart C — Sector C — Chemical and Allied Products Manufacturing, zinc[ Refining. You must comply with Part 8 sector -specific requirements associated with your primary industrial activity and any co -located industrial activities, as defined in Appendix A. The sector - specific requirements apply to those areas of your facility where those sector -specific activities occur. These sector -specific requirements are in addition to any requirements specitied elsewhere in this permit. 8.C.1 Cuvered Stormwater Discharges. The requirements in Subpart C apply to storm►vatcr discharges associated with industrial activity from Chemical and Allied Products Manufacturing, and Refining facilities, as idet7tifie<! by the SIC Codes specified under Sector C in Table D-1 of'Appendix D of the pe n it. 8.C.2 Limitations on Coverage. 8.C.2. l Prohibition of'Alon-Stormwater Discharges. (See also Part 1. i .4) The 1611owing are not covered by this permit: non-stormwater discharges containing inks, paints, or substances (hazardous,'nonhazardous, etc.) resulting from an onsite spill, including materials collected in drip pans; washwater from material handling and processing $Peas; and 1vashwater from drum, tank, or container rinsing and cleaning. 8.C.3 Sector -Specific Benchmarks Table 8.C-I identifies benchmarks that apply to the specific subsectors of Sector C. These benchmarks apply to both your primary industrial activity and any co -located industrial activities. Storims'ater Discharges Associated Willi Industrial Activity — Sector C 51 General permit Table 8.C-1. Subsector (You may be subject to requirements I"or more than one sector/subseetor) Parameter Benchmark Monitoring Concentration Subsector C I. Agricultural Chetnicals (SIC 2873-2879) Nitrate plus Nitrite Nitrogen 0,68 mg/L Total Lead` Hardness Dqendclil Total Iron 1.0 tti/l� Total Zinc` Hardness Dependent Phosphorus 2.0 mg/L Subsector C2. Industrial Inorganic Chemicals (SIC 2812-2819) "Total Aluminum 0.75 mgj L "Total Iron 1.0 me1L Nitrate phis Nitrite Nitro ren 0.68 mg/L Subsector C3. Soaps, Detergents, Cosmetics, and Perfumes (SIC 2841-2844) Nitrate pills Nitrite Nitrogen 0.68 mg/L Total line' Hardness Dependent Subsector C4. I'lastics, Synthetics, and Resins (SIC 282t-2824) 7'otai 'Zinc' Hardness Dependent ' The benchmark values of some metals are dependent on water hardness. For these parainCters, PefnlrtteeS ltlUSt detcrininc the hardncss of the rceciving w.ttcr (scc `'Appendix J, "C,11cttlating i-tardncss in Rccciving Watcrs for Hardness Dependent iilewls," for methodology), in accordance with Part 6.2.1. L to identify the applicable `hardntess range' fur determining their benchmark v;tlue .tpplicable to their fitcility. The ranges occur in 25 mg/L increments. Hardness Dependent Boichnlarks follow in the table below: Waler Hardness Range Lcad (nth/L} Zinc (rnglt} 0-25 mg/L 0,014 0.04 25-50 mg/L 0,023 0.05 50-75 mg/L 0.045 0.08 75-100 Ing/L 0.069 0.11 100-125 mg/L 0.095 0.13 125- 150 mg/L 0.122 0.16 150-175 nil I L 0.151 1 0. 18 175-200 mg/L 0.182 0,20 200-2?5 mg/L 0?13 0.23 225-250 me/1. 0,246 0.25 250+ mg/L� 0,262 0.26 8.C.4 Effluent Limitations Based on Effluent Limitations Guidelines (See also Part 6.2.2.1 of the Permit-) 'aide 8.C-2 identifies effluent lit»its that apply to the industrial activities described below. Compliance with these effluent limits is to be determined based on discharges from these industrial activities independent of co mning,IIng with any ether wastest.reanis that may be covered antler this permil. Stormtvater Discharges Associated With Industrial Activily - Sector C 52 DIL TI-IY[..C'Nf GLYCOL MONOBUNI.. FITIER -- Hazard Rankings Page 1 Of I Investigate jZHEMICAL_PROFTLESIHazard Rankings Pot€ution Topics — - Chemical: DIETHYLENE Gi.) COL MONOBU- YL ETHER -- - - CAS Number: 112-34-5 b r'c*IL Chamicai Ru'.cases Least Most tr 4nac' Haxprd5 Hazardous Hazardous Sepnriund Percentile 25 501% 75% 100% 10, Smog oad PariiculAlss b 11azardouti Air PathAwnts Human Health Rankings -,� TO x1city ant! exposure poi, ntiai Worker Exposure Hazard Score (IRCH) FCleart W'-jl r Act ' lff d?er3h Btl In4i:g; q:9 �• W'W Ecological Health Rankings 1'Uxirlty and persi�renr:e r- Animal !lade Envir+3nrt1@rltdl Hazard vaiue Store (1RCH j tr C081T::vairy centir h En Irrilhor ►Chemical Prof0as tr HaYllh: Eflum; tr Rsr�u I aFior� s ZIP TO YOUR COMMUNITY 00). SEARCH SCORECARD 00� Integrated Environmental Rankings Cui'1]bined I.L rn ri prLid cucqQ3Cal 5;CQr'eS - Toral Hazard Value S,_ure (IRCH) Hi7l,jC I SCORECAiD I �5tH9r KEw I efjI rl_QAf ri i FORUM J }?rt_IY/IS Y f !1�� GRr EN FIEPIA Tr, OLSHPI) Copyright 0 2005 Oreen Media Too'Shed and GaLActive $cftware Questions or Comments? Email: All Rights Reserved. r Powered by GrrArt:v,_P. Rgttvj 5+ x4r+:Cardv<ycG,rCtEYe..°rTT littp://www.scorecard.orglchemical-pi-oliteslliazai•d-in(l icators.tci?ed f_substance_id= l 12%... 12/8/2008 DI 17 THYLENE (ANC01_ MONOBU`h)'L FTH 17 R I'age I of") Investigate Poltution Topics PTcxlc Chem ica! Nei eases t Lead tIazards h superNnd ► Smse and Pariicjtates r liuzardcus Air Potlulun!s ► Ct�-an W:.jle;• Act ►Waiorshrd Irdlcator-s #Animal Waste Cum munita Cernler E11 ESp.`5rot ► Chulnicat ProMes r Health Elects h Regutataen; ZIP TO YOUR COMMUNITY coo SEARCH SCORECARD uo � CHEMICAL PROFILES IChemical Profile Chemical: DIETHYLENE GLYCOL MONOBUTYL ETHER CAS Number: 112-34-5 Chemical Profile for DIE'THYLENE GLYCOL 0140SUTYL ETHER (CAS Number: 112-34-5) « Human Health Hazards e Hazard Ranki.n,gs o Chemical Ilse Profile Rank Che iC�& b_p_Repa t dn Evir nmer�t ,l Releases in the United States _ . Re_g�.ilator= �_o�erag� • Basic "Testing to identify Chemical Hazards fnforenation Needed for Safety Assess:l.ent o Links Human Health Hazards Health Hazard Reference(! Recognized: -- Suspected: Cardiovascular or Blood Toxicant HAZMAP Kidney Toxicant HAZMAP Neur'ot'oxit eint: HAZMAP RTF 'eproductive Toxicant HAZMAP e Hazard Rankings Less hazardous ° han most =choinicals ir, 3 ranking ystt.rns. littp://www.scorecard.org/clienlical-profiles/suniiiiiai-y.icl?edf substance—id=l 12%2d34%2... 12/8/2008 DIFTHYLENE, GLYCOL MONODUTYL E THEA Page 2 of 3 [ tap l This is a high volume- chemical with production exceeding 1 million pounds annually in the U.S. Used in at least 7 industries. Used in consumer_pmducts, building materials or furnishings that. contribute to indoor air pollution, o Rank Chemicals by Reported Environmental Releases in the United States No data on environmental releases in Scorecard. [ top I Regulatory Coverage On chemical list(s) in Scorecard. [ top l a Basic Testing to Identify Chemical Hazards 1 of 8 basic tests to identify chemical hazards has not been cond..u.cted._on,.thi,s...Chemical, or is_not_p,u,bl.i.�,I,,,y,,,,,,,a,ya..i„I.a..b.... ording to US EPA's 1998 hazard data availability study. Track whether this chemical is being voluntarily tested to provide basic hazard data. Copy its CAS number above and check the HPV Chemical Tracker. [ top l . Information Needed for Safety -Assessment Lacks at least some of the data required for safe ty_asses sment. see risk assessment data for this chemical From U.S. EP_A_ or Scorecard. [tool V Links Additional._information about this chernicaL may be_a_v_ailabie elsewhere in Scorecard. Other web sites specific to this chemical: o IPCS_International Chemical Safety Card If none of these sources meet your needs, you can try searching some other chemical database Web sites. [ top i littp://NN,w« scorecard.orcl,/clicinical-pr•ol les/SLliiiiiiary.tcl?edf substance id=112%2d34%2... 12/8/2008 DII `I HYL I NE GLYCOL, MONOBUTYL, FTI IL R Page 3 ot'3 . Notes HOME I At-kC fUT SCORECARD I WHAT'S NEW I FAQS I GLOSSARY I FORWAS I PRIVACY POLICY .. `'�E'iU�IwO �!_.1k3;l,rW,lv_l3 LIE SC'�NALiZE '1�AE«_AC:TION E _ I OUNA GREEN MEDIA TC)QLSHEV Copyright © 2005 QrPFn I_t dd gtjc,i I; nrti and Questions or Comments? Email: All Rights Reserved, sr:orecardfige!active.com Powered by CztAG.kiy�e 5af'k:•'�'�_ littp://wwrw.scorecar(1.org/chen}ical-prol'iles/sumiiiary.tcl?ed L=substance_id=1 12%2d34%2... 12/8/2008 Sales office 10299 E Gnuid River Ave Suite M Brighton MI 48116 Direct: 877-737-4400 ext 212 � D Fax. 810-494-0162 09/23/08 r� �I A C-11 O I R Y�l ARCONA LEATHER TECHNOLOGIES "Factory Direct Leather" Gwenn Hollister gwenn@arconaleather.com Controller NCDENR — Division of Water Quality 1617 Mail Service Center Raleigh NC 27699 — 1617 Re: Permit Number NCS00005I Dear Annul Administering and Compliance Fee Coordinator, Manufacturing Facility 2615 Mission Rd Hudson, NC 28638 WE TAKE PRIDE "Made in America" �I I have received an invoice to renew an Annual Permit for the period of 08/01/2008 — 07/31/2009 for Arcona Leather Technologies (ALT). ALT no longer needs this permit because we have ceased all manufacturing operations as of 12/31/07, and the equipment is back in the ownership of J P Leather Company. ALT will not be paying this invoice to renew the Annual permit. Please let me knew if you have any other questions. Thank you for your time. N Gwenn Hollister Arcona Leather -Technologies PH# 810494-5000 x 212 FX# 810-494-0162 gwenn@arconaleather.com Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report Permit No.: NIGS/0/0101D15161 or Certificate of Coverage No.: Facility Narne:_DuPont Teiiin Films T'-' County: _Cumberland f Phone No. I D-433-8233 Inspector: _ J,�(n=u c&t — Date of Inspection: 3 d& €s By this signature. I certify that this report is accurate and complete to the best of my knowledge: of PermAtee or Designee) 1. Outfall Description Outfall No. 001 Structure (pipe, ditch, etc.) Receiving Stream: Un-named tributary to the Cape Fear River Describe the industrial activities that occur within the Outfall drainage area: Driveways and parking areas around manufacruring and operational -areas___ _^ 2. Color Describe the color of the discharge using basic colors (red. brown, blue, etc.) and tort (light, medium, dark) as descriptors: R`s Q Q 3. Odor Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, wean, chlorine odor, etc.) 4. Clarity Choose the number which best describes [lie clarity of the discharge where 1 is clear and 10 is very cloudy: 1 2 3 0 5 6 7 9 9 10 Page I swu•242-)01599 r 5. FIoating Solids Choose the number which hest describes the arnount of floating solids in the stonmwater discharge where 1 is no solids and 10 is the surface covered with floating solids: 1 0 3 4 5 6 7 8 9 10 6. Suspended Solids Choose the number which hest describes the arnount of suspended solids in the storinwater discharge where 1 is no solids and 14 is extremely m?sddy: 1 ?Q 3 ll 5 6 7 S 9 10 7. Foam Is there any foam in the stonnwater discharge? Yes 8. Oil Sheen Is there an uil sheen in the storin ater discharge? Yes N 9. Other Obvious indicators of Stormwater Pollution List and describe Note: Low clarity, high solids, and/or the presence of foam or oil sheen may be indicative of pollutant exposure. I-hese conditions may warrant further investigation. To ta.a Page 2 SWU-2 t2-101599 Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report Permit No.: NICISI010101015I6/ or Certificate of Coverage No.: N/CIG/— I_I—I _I —I 1 Facility Name: DuPont Tei'in Films T"' County: Cumberland Phone No. 910-433-8233 Inspector: �tr„ry><l Date or Inspection: 6-j-'6g By this signature, 1 certify that this report is accurate and complete to the best of my knowledge ure of Permfltee or Designee) 1. Outfall Description Outfall No. 001 Structure (pipe, ditch, etc.) Receiving Stream: _Un-named tributary to the Cane Fear River Describe the industriaE activities that occur within the outfali drainage area: Driveways and parking areas around manufacturing and operational areas 2. Color Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint (light, medium, dark) as descriptors: CgQQ A . 3. Odor Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak chlorine odor, etc.) NIIINfl_ 4. Clarity Choose the number which best describes the clarity of the discharge where l is clear and 10 is very cloudy: 1 2 3 QV S 6 7 8 9 10 Page l swU-242- 1 a 1549 S �g S. Floating Solids Choose the mtrrober which best describes the amount of floating solids in the stormwater discharge where 1 is no solids and 10 is the surface covered with floating; solids: 1 2 3 4 5 6 7 S 9 10 G. Suspended Solids Choose the number which best describes the amount of suspended solids in the stormwater discharge where I is no solids and 10 is extremely ntuddy: 1 3 4 5 6 7 8 9 10 7. Foam Is there any foam in the stormwater discharge'? Yes 'n 8. Oil Sheen Is there an oil sheen in the stonnwater discharge? Yes No 9. Other Obvious Indicators of Stormwater Pollution List and describe Note: Low clarity, high solids, and/or the presence of foam or oil sheers may be indicative of pollutant exposure. These conditions may warTant further investigation. �!s'l i O i Cal j! rl. 0 7. %w . 3�Prk ���t[r�i� ]A.D 1D. Z a kwaa.,�y Page 2 SWU-242-ID1599 PC,) 2 007 A?('0 7 Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report Permit No.: N/C/S10l0/0/015/6/ or Certificate of Coverage No.: NIC/Glll_I I hl Facility Name: DuPont Teiiin Films TM County: _Cumberland Phone No, 910-433-8233 Inspector: A Date of Inspection_ _ i.. 3 � - 8-7 _ By this signature, 1 certify that this report is accurate and complete to the best of my knowledge: ��� (Sigrl#rc of Permittee or Designee) T 1. Ontfall Description Outfall No. 001 Structure (pipe, ditch, etc.) Receiving Stream.: Un-named tributM to the Cape Fear Riv r Describe the industrial activities that occur within the outfall drainage area: Driveways and parking areas around manufacturing and oprrational areas Z. Color Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint (Iight, medium, dark) as descriptors: CQ4.aA� 3. Odor Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak chlorine odor, etc.) 4. Clarity Choose the number which best describes the clarity of the discharge where I is clear and 10 is very cloudy: V 2 3 4 5 - b 7 8 9 10 Page 1 S W U-242.101509 . 9v6 7 , 5. Flouting Solids Choose the number which best describes the amount of floating solids in the stormwater discharge where l is no solids and 10 is the surface covered with floating solids: al 2 3 4 S 6 7 S 9 to 6. Suspended Solids Choose the number which best describes the amount of suspended solids in the stormwater discharge where l is no solids and 10 is extremely muddy: 6) 2 3 4 S 6 7 8 9 10 7. Foam Is there any foam in the stormwater discharge? Yes I�Jn S. Oil Sheen Is there an oil sheen in the stormwater discharge? Yes 0 9. Other Obvious Indicators of Stormwater Pollution List and describe IF kjl Note: Low clarity, high solids, and/or the presence of foam or oil sheen may be indicative of pollutant exposure. These conditions may warrant further investigation. Page 2 5 WU-242.1 U 1599 MOA acn S aooq Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report Permit No.: NICIS10101010I5161 or Certificate of Coverage No.: NICIGI_I_I l—l—1 I Facility Name: _DuPont Teiiin Films TM County: Cumberland Phone No. ]9 0.433-8233 Inspector: —asn�e�-- Date oflnspection: By this signature, I certify that this report is accurate and complete to the best of my knowledge: (5i nature of Perkittee or Designee} 1. Outfall Description Outfall No. 001 Structure (pipe, ditch, etc.) Receiving Stream: Un-named tributary to the. Cape Fear Rive Describe the industrial activities that occur within the outfall drainage area: Driveways and ' parking areas around manufacturing_ and operational areas 2. Color Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint (light, medium, dark) as descriptors: 6-1R 3. Odor Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak chlorine odor, etc.) �YLil 4. Clarity Choose the number which best descrihes the clarity of the discharge where I is clear and 10 is very cloudy: 1 (D 3 4 5 6 7 8 9 10 Page 1 SWU-242-161599 - 5. Floating Solids Choose the number which best describes the amount of floating solids in the stormwater discharge where I is no solids and 10 is the surface covered with floating solids: b 2 3 4 5 6 7 8 9 10 6. Suspended Solids Choose the number which best describes the amount of suspended solids in the .stormwater discharge where 1 is no solids and 10 is extremely muddy: (1 2 3 4 5 6 7 8 9 to 7. Foam Is there any foam in the storrnwater discharge? Yes 1*l0 8. Oil Sbeen Is there an oil sheen in the stormwater discharge? Yes o 9. Other Obvious Indicators of Stormwater Pollution List and describe Note: Low clarity, high solids, and/or the presence of foam or oil sheen may be indicative of pollutant exposure. These conditions may warrant further investigation. A c Page 2 5 WU-242-101599 11/30/2006 14:51 9103233499 S&ME,INC PAGE 83 Stormwate>r Discharge Ou#fun (SDO) Qualitative Monitoring Report Permit No.: NIC1S10101010l516/ or CeniSicate of Coverage No.: NICICSI-1`1—f-1-1-1 Facility Namc DuPont Tciii©_ams County: GumbCrlat i'hanc tVn. Inspector; Date ofInspectiorc !/ 30• By this signalure. I certify that this report is accurate and rQmplete to the best of my knowledge: (S; "tare of pe ittce ar Designee) _ X. OtdhO Deseription Out'all No. OqtStructum (pipe. ditch. etc.)_ BAO Receiving Streim: Ijnzoamgd tribulm toft Catx Fear_ i t Describe the industrial activities that occur within the oulfall drainage area: DrivG_w_ eYs end parklpg aregs argund manufamritga andand gmt, rlal A= 2. Color Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint (light, medium, dark) ns descripmrs: 3. Odor Describe any distinct odors that the discharge may have (i.e.. sltteiEs strongly of oil, weak chlorine odor, etc.) , Ln& 4. Clarity Choose the number whit b Wt describes the clarily of the discharge where I is clear and 10 is very cloudy: I to 3 4 5 6 7 Page I $ Wl I- 212-14 t 599 S 9 10 11/30/2006 14:51 13103233449 SSISE,INC PAGE 04 S. Moating SoEids Choose the Number which best describes the amount of floating solids in the stormwater discharge where 1 is no solids and 10 is the surface covered with floating solids. 0 2 3 4 5 6 7 S 9 10 6. Suspended S011,43 Choose the number which best describes the amount of stispended solids ir, the stormwater discharge wh= l is no solidi end 10 is extremely muddy. 1 t> 3 4 S 6 7 9 9 10 7. FbM Is there any foarn in the stprmwater discharge? Yes 8. 00 Sbeea is there an oil sheen in the .stormwater discharge'! Yrs 4. Otber Obviotta Indicators of Stomweter FORO&M List and describe Note.- Low clarity, hi9b solids, and/or the presence of foam or oil sheen may be indicative of pollutant expostm. 'These conditions may warrant further investigation. Pagc 2 SwU-242-101599 07/11/200E 00: 16 9103233499 S&IME, INC PAGE 02 Stormwater Discharge ®utful1(SDO) Qualitative Monitoring Report Fennr't No,: N/C/51O/G/O,1Of5/6/ or C:crtiflcatt of Coverage No.: NIC/Gl _ 1 �I�ITIT T! facility 1Name DuPont.Lal n Fitms?M _ County: _gu bcdand Phone No. Date of inspection: _ SU1 By this signature, I certify That this report is accurate and complete to the bast of my knowledge: Designee) I. Ontfall Descriptiou Qutfall No.,Q01 Structure (pipe. ditch, etc,) Receiving Stream: i.in-named tributer to s e Ca ve Describe the industrial activities that occur within the outfall drainage area:_ ---.,-_Driveway; d Parkin g areas ara�r�_mnnufacturing and a erational are s 1 2. Color Describe the color of the discharge using hasic criers (red, brown, blue, etc.) and tint (light. rnedium, dark) as descriptors: _ J. 3. Odor Describe any distinct odors that the discharge moy have (i.e„ smells strnngly of oil, weak chlorine odor. etc.) 4. CIarity Chtote the member which bee destrihel. the clarity of the discharge where l 15 clear- and 10 is vwy ckwdy: 1 o 3 4 3 6 7 $ 9 IQ Nate l SWIJ-242-I OU99 i 9. Floating Solids Choose the number which hest dewribes the amount of 11VA 09 Solids in the storrnwater diiseharKt whcrc i is r)p solids artd iii is file curl'ace covered with floating solids: 1, 2 3 9 6 7 9 Ill 6. Suspended solids (:huos�-, thL: number whist) best descritxs ItK iirnuunt ol' suspendo.i solids in the stormwater disckepe whCrt; I lsno sol;ds and IQ is eatreit)rly muddy: (1 2 ;i J S 6 7 $ 9 14 7, Fo>sm is th-n-e any f,)mn in ttic swraiwaicr disclturgO Ye6 (N6 !fi Oil Sheen Is drere All oil sheep in the stormwater discharge'? Yes � Ny 9. Other Obvious Indleators of Stormwater Pollution E.ist and des>wik Now Low clarity, higi) solids, and/or the presez)ce of foam or oil sheen may be Indicative of pollutant exposure. Most Conditions may warram fwzher invebtigation. h xwu-342-10i3vq Page 2 E0 39Vd 0NI'3WTS SeVeC OTS 91;S0 960Z/ti/L0 12/14J2005 14: 40 9103233499 S ME, ENC PAGE 08 IaAa aaa5 Sta>'a°nawate r Discharge OWAH (SDO) QuAfttive Monitoring Report Permit No.: NIUS/0/0/0/0/516/ or Certificate of Coverage No.: NIC/Gt-1 1 / 1 ! / Facility Cnunty: Inspecto Date of. By this signature, I "rtify that this report is accurate and complete to the best of my knowledep: (SigtlN&M ofPermitt$e or Designee) 1. Onettsll ;description Outfall No._QWStructure (pipe, ditch, Receiving Stream: Un-narned tributary tojhgQWFear Diva Describe the industrial Activities that near within the outfall drainage area; I)TWmays i ad Parking -areas m and i 2. Cclar Dmtibe the color of the discharge using basic colors (red, brown, -blue, etc.) and tint (light, medium, dark) as descriptors: CQaA�L 3. Oder Describe any distinct odors that the discharge may have (i.e.,smells strongly of oil, weak chlorine odor, etc.) 4. Clarity Choose the number which best de.9cribes the clarity of the discharge where 1 is clear and la is very cloudy: 1 3 4 S 6 7 8 9 10 Page I SWU Z43-101549 12/14/2005 I4:40 9103233499 SWE IIhC PAGE 09 F"'\ �;LDC6' S. Floa tlttS 13wI is O wse the number which bcsi desedbes the a mobnt of bating solids in the stortnwater discharge where I is no solids and 10 is the surfaco covered with floating solids- 6 2 4 5 6 7 S 9 10 6. Suspettttad Stado Choose the nutnbtr which best describes the amount of sutpended %o ids in the stonnwater discharge where l is no solids and 10 is extrmeiy muddy; 2 3 4 5 G 7 $ 9 la 7. Foam Is them any fotott In tht stomwater dischwgd? Yes ®_ Oil Sbagn Is Owe an ail shftn in the•stonnwater dischage? Yes 9. Me7 Obvious lieftsiors of 9tormwater Poftbon List and describe Nota: Low clarity, high solids, and/or the prescncc of foam or oil sheen may be itxiirative of pollutant cuposvm. These conditions may warrant further invtoigeti.on, CO °`• aM .0 Page 2 S WU-242.1015." Stormwater .Discharge OutfalI (SDO) Qualitative Monitoring Report Permit No.: NICISIOIOIOI015161 or Certificate of Coverage Nv.: NIC/GhI—I_l_/—/ I Facility Name: Dul"ont Teiiin I.iitns T"r County: Cumberland Phone No- 910-433-8233 Inspector - Date of Inspection: By this signature, I certify that this report is accurate and complete to the best of my knowledge: of Perrzfittee or Designee) 1. Outfall Description Outlall No. 001 Structure (pipe, ditch, etc.) Receiving Stream: _Un-named tribunary to the Cape Fear River Describe the industrial activities that occur within the outfall drainage area: Driyewa s and narking areas around manufacturing and operational areas 2. Color Deseribc the color of the discharge using basic colors (red, brown, blue, etc.) and tint (light, medium. dark) as descriptors: 3. Odor Describe any distinct odors that the discharge inay have (i.e., smells strongly of oil, weak chlorine odor, etc.) I\Ou- 4. Clarity Choose the number which best desciibes the clarity of the discharge where 1 is clear and 10 is very cloudy: V 1'auc 1 m 5WU-2,12-101599 5. Floating Solids Choose the number which best describes the amount of floating solids lit the stonnwater discharge where l is no solids and 10 is the surface covered with floating solids: C) 2 3 4 5 6 7 3 9 10 6. Suspended Solids Choose the number which best describes the amount of suspended solids in the stormwatetr discharge where I is nu solids anti 10 is extremely muddy; 1` 2 3 4 5 6 7 li 9 1 t! 7. Foam 1s there any foam in the stormwater discharge? Yc O S. Oil Sheen Is there an oil sheen in the storntwater discharge? Ves No 9. Other Obvious Indicators of St.orn►rv'ater Pollution List and describe Note, Low clarity, high solids; and/or the presence of foani or oil sheen may be indicative; of pollutant exposure. These conditions may waiTant fitrther investigation. Pace 2 SW U-242-101599 Y IC '��cc; Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report Permit No,: NICIS/0/0/0/0/5/6/ or Certi ticate of Coverage No.: NIC/Ghl—l_l 1_l l Facility Narne:_DuPont Teiiin Films T'_ County: Cumberland _ Phone No. 910-433-8233 Inspector: Date of Inspection: kb•• By this signature, 1 certify that this report is accurate and complete to the best of my knowledge: (Siftiature of Permiftee or Designee) I. Outfall Description Outfall No, 001 Structure (pipe, ditch, etc.) Receiving Stream: Un-named tributary to the Cane Fear Riv r Describe the industrial activities that occur within the outfall drainage area: Driveways and parking areas around manufacturing and operational areas 2. Color Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint (light, medium, dark) as descriptors: 3. Odor Describe any distinct odors that the discharge may have (i.e., smells strungly of oil, weak chlorine odor, etc.) 4. Clarity Choose the number which best describes the clarity of the discharge where i is clear and 10 is very cloudy: U 2 3 4 5 6 7 R 9 10 Page 1 SWU-242.101599 r`— . ;elect Element Occurrence Page 1 of 1 Select Element Occurrence(s) Found 3 Element Occurrence(s) Scientific EO Common Date Last EO EO State FederalState Global Select Details ED ID Name Nb Name Observed Rank Accuracy Protection Protection Rank Rank Status Status View 22821 Crataegus 1 Batesburg 1933-04- H Low SR-T S27 G3G5Q munda Hawthorn 28 r View 15668 Masticophis 6 Coachwhip 1877- H Very SR 53 G5 flagellum PRE Low r View 23896 Spiranthes 10 Eaton's Ladies'- 1957-06- H Very SR-L S2 G2G4 eatonii 27 Low tresses I—' Select All zoom to Record j vb &Ta.� 0 0 Ktfi� 4,(4� fAt;-& � - http:1110.251.149.2231nhislpartnerlformsleoleo_py_eo_select.phtml?sliowOnMap=1 &srid... 1 /25/2008 r .;;elect E ICIUCIlt Occurrence Page 1 of. l Select Element Occurrence(s) Found 2 Element Occurrence(s) Select Details EOID Scientific EO Common Name Nb Name F-I View 9807 Masticophis 8 Coachwhip flagellum Spiranthes Eaton's r View 23896 10 Ladies' - eatonii tresses f select All I Zoom 'to Record l Date Last EO EO State Federal State Global Observed Rank Accuracy Protection protection Rank Rank Status Status E Very SR S3 G5 Low 1957-06- H Very SR-L S2 G2G4 27 Low hap:// 10,251.149.223/phis/pai-tner/forms/eo/eo_py_eo_select.phtni PshowOnMap=1 &srid... 1 /25/2008 EPA IDEA Qt.ieiy Results Page i of 4 „Online,TracRlnp , Infof rOtI0n 5yslem' , enfo Since 199g;.tfle premier,emnrorarn>?nlal.rcemen 1; «, nxrs� analysis and repl�rtirig, ource for o, vemme l m N Multimedia I Clean Air Act Clean Water Act State Framework I Home RCRA I Federal Cases I Watch List Detailed Facility Report elp Returned Fecilfty � r`rror.F ,0,ctic„ For Public Release - Unrestricted Dissemination Report Generated on 01/24/2008 US Environmental Protection Agency - Office of Enforcement and Compliance Assurance Facility Permits and Identifiers Statute System Source ID Facility Name Street Address city State Zip FRS 110006828601 DU PONT TEIJIN FILMS 3220 CEDAR CREEK FAYETTEVILLE NC 28302 ROAD CAA AFS 3705100198 DUPONT TEIJIN FILMS 3220 CEDAR CREEK FAYETTEVILLE NC 28301 ROAD CWA PCS NC$b00056 Dupont Teijin Films Cedar Crk Cedar Creek Rd FAYETTEVILLE NC 28302 RCRA RC NCD990714479 DUPONT TEIJIN FILMS - CEDAR 3220 CEDAR CREEK FAYETTEVILLE NC 78312 CREEK SITE ROAD EP313 TRI 28301_OPNTT3.220C DUPONT TEIJIN FILMS CEDAR CREE 3220 CEDAR CREEK FAYETTEVILLE NC 28312 K SITE RD Facility Characteristics Statute Source ID Universe Status Areas Permit Latitude! Indian sic NAICS Expiration Date Longitude Country? Codes Codes LRT: 110006828601 34.197222, No -77.935278 CAA 3705100198 Synthetic Minor Operating SIP ' NA 2821 (Fed. Rep.) NSPS CWA NCS000056 Minor Active 03/31/2005 34.9819 No 2821 •78.7883 RCRA NCD990714479 CESQG (Htive No 326199 EP313 283011)PNTT3220C 34.9833, NA 2821 78,7875 If the CWA permit is past its expiration date, this normally means that the permitting authority has not yet issued a new permit. In these situations, the expired permit is normally administratively extended and kept in effect until the new permit is issued. For the RCRA program, activities that contribute to an overall facility status of Active are displayed in parentheses using the acronym HPACS, where H indicates handler activities, P - permitting, A - Corrective action, C - converter, and S - state -specific. More information is available in the Data Dictionary. Inspection and Enforcement Summary Data Statute Source ID Insp. Last 05Yrs Date of Last Inspection Formal Enf Act Last 05 Yrs Penalties Last 05 Yrs CAA 3705100198 5' 08/30/2007 0 $00 CWA NCS000056 0 Never 0 $00 RCRA NCD990714479 0 03/0211988 0 $00 Compliance Monitoring History (05 years) I�uronari,l http://www.epa.gov/cgi-biii/geticReport.cgi?too] =a1]five&]DNumber=28301DPNTT3220C 1/24/2008 EPA IDEA Queiy Results Page 2 of.'4—' . Statute source ID Inspection Type Lead Agency Date Finding CAA 137051OD198 STATE CONDUCTED FCE/ON-SITE State 09/05/2003 CAA 3705100198 STATE CONDUCTED FCE/ON-SITE State 04/29/2004 CAA 3705100198 STATE CONDUCTED FCEION-SITE State 06/03/2005 CAA 3705100198 STATE CONDUCTED FCE/ON-SITE State 03/24/2006 CAA 3705100198 ISTATE CONDUCTED FCEION-SITE Istale 08130/2007 Entries in italics are not considered inspections in official counts. Compliance Summary Data Information on the nature of alleged_v_iplations is available on the FAQ page. Fklisb► -angry,_ Statute Source iD Current SNCIHPV7 Description Current As Of Qtrs In NC (of 12) CAA 3705100198 NO 12/15/2007 1 CWA NCS000056 ]No N/A Jul-Sep07 NIA RCRA NCO990714479 12/10/2007 0 Three Year Compliance Status by Quarter �ibatnb�ctlonary� Violations shown in a given quarter do not necessarily span the entire 3 months. Information on the nature of alleged_yinlations is available on the FAQ page, and information on the duration of non-compliance is available at the end of this report. AIR Compliance Status Statute:Source QTR1 QTR3 QTR4 QTR5 QTRG QTR7 QTR-3 QTR9 QTR10 QTR11 ID Jan- JQTR2 Apr- Jul- Oct- Jan- Apr- Jul- Oct- Jan- Apr- Jul- OTR12 CAA: Mar05 Jun05 Sep05 DecO5 Mar06 Jun06 Sep06 Dec06 Mar07 Jun07 Sep07 oct-Dec07 3705100198 HPV History Program/Pollutant in Current Violation SIP C-INSP C-INSP C-INSP C=INSP C-INSP C-INSP C-INSP C-INSP C-INSP C-INSP C-INSP V- IC-INSP IC-INSP PROCED NSPS C-INSP C-INSP C-INSP C-INSP C-INSP C-INSP C-INSP C-INSP C-INSP jC4NSP High Priority Violator (HPV) History section; "Unaddr" means the facility has not yet been addressed with a formal enforcement action. "Addrs"means the facility has been addressed with a formal enforcement action. but its violations have not been resolved. Lead Agency designated can be US EPA, Mate, Both, or No Lead Determined. IF HPV History is blank, then the facility was not a High Priority Violator. C=Compliance', VaViolation; S=Compliance Schedule. RCRA Compliance Status Slatute:Source ID QTR1 QTR2 QTR3 QTR4 QTR5 OTR6 QTR7 QTR8 QTR9 QTR10 OTR11 QTR12 RCRA; Jan- Apr- Jul- Oct- Jan- Apr- Jul- Oct- Jan- Apr- Jul- Oct. NCD990714479 Mar05 Jun05 Sep05 DecO5 Mar06 Jun06 Sep06 DecoG Mar07 Jun07 Sep07 Dec07 Facility Level Status Compi Compl Compl Compl Compl Compi Compl Compt Compl Compl Compl Compl Type of Violation Agency The first date displayed for a RCRA Violation corresponds to the violation determination date, and the next to the resolution date (if the violation has been resolved). Notices of Violation or Informal Enforcement - AFS, PCS, ICIS- NPDES, RCRAInfo (05 year history) Statute ISource ID Type of Action Lead Agency 10ate No data records returned. Formal Enforcement Actions - (05 year history) AFS, PCS, RCRAInfo, NCDB Statute ISource ID IType of Action Lead Agency loate lPenalty jPenalty Description No data records returned. In some cases. formal enforcement actions may be entered both at the initiation and final stages of the action. These may appear more than once above. Entries in italics are not "formal" actions under the PCS definitions but are either the initiation of an action or penalties assessed as a result of a previous action. This section includes US EPA and State formal enforcement actions under CAA, CWA and RCRA. littp:/hi�v.epa,gov/cgi-bin/getIcRep©rt-egi?tooI=aIIftve&IDNumber=28301DPNTT322OC 1/24/2008 .. EPA IDEA Query Results Page 3 of 4 ICIS data~ �aratiry�,, Primary Casa Lead Issued/Filed Settlement Federal StatelLoCal Comp Law/Section Number JCase Type AgencyName JCase Date Date Penalty Penalty ISE.P, o AJction Cost - No data records returned. Federal enforcement actions and penalties shown in this section are from the Integrated Compliance Information System (ICIS-FE&C). These actions may duplicate records in the Formal Enforcement Actions section. TRI History of Reported Chemicals Released in Pounds per Year at Site:28301 DPNTT3220C Chemical releases reported to TRI are provided for context and are not associated with non-compliance for that facility. Year l Total Air Emissions Surface Water Discharges Underground Injections Releases to Land Total On -site Releases Totat Off -site Transfers Total Releases and Transfers 1997 1998 1999 2000 164,630 64,630 3,765,100 3,819,730 2001 20,400 20,400 698,800 719,200 2002 16,719 16,719 733,264 749,983 2003 12,296 12,296 442,852 455,148 2004 11,500 11,500 377,789 389,289 2005 14,755 114,755 1433,162 1447,917 TRI Total Releases and Transfers by Chemical and Year Chemical releases and transfers are in pounds except where otherwise noted. Chemical Name 1997 1998 1999 2000 2001 2002 2003 2004 2005 ANTIMONY COMPOUNDS 138 108 69 77 MANGANESE COMPOUNDS 35 34 30 30 METHANOL 326.800 202.000 199,900 292,800 114,140 142,600 ACETALDEHYDE 14,200 47,900 20,460 21,940 40,850 45.410 ETHYLENE GLYCOL 3.478,730 1 469,300 529,450 1 140,266 1 234,200 1 259,800 Demographic Profile of Surrounding Area (3 Miles) Open more detailed information in a new window (links leave OTIS): 1 Mi 3 Mi or 5 Mi. This section provides demographic information regarding the community surrounding the facility. OTIS compliance data alone are net sufficient to determine whether violations at a particular facility had negative impacts on public health or the environment. Statistics are based upon the 2000 US Census data, and are accurate to the extent that the facility latitude and longitude listed below are correct. The latitude and longitude are obtained from the EPA Locational Reference Table(LRT) when available. Radius of Area: 3 Miles Land Area: 98,83% Households In area: 3,292 Center Latitude: 36.017600 Water Area: 1.17% Housing units In area: 3,658 Center Longitude: -78.838700 Population Density: 294.421sq. mi. Households Oh Public Assistance: 298 Total Persons: 8,226 Percent Minority: 54.80% . Persons Below Poverty Level: 2,402 Race Breakdown Persons (%) . Age Breakdown: Persons (%) White: 3.784 (46.00%) Child 5 years and less: 837 (10.18%) African -americans 3,677 (44.70%) Minors 17 years and younger: 2.283 (27.75%) Hispanic -Origin: 256 (3.11%) Adults 18 years and older: 5,942 (72.23%) Asian/Pacific Islander: 138 ( 1.68%) Senior's 65 years and older: 1.040 (12.64%) Amerlcan Indian: 1428 ( 5.20%) Other/Multiracial: 1146 ( 1.77%) Education Level (Persons 26 & older) Persons 1%) Income Breakdown: Households {%} Less than 9th grade: 686 (14,07%) IlLess than $15.000: 1,152 (34.99%) littp://www.epa.gov/cgi-biii1getIcReport.cgi?tool=allfive&IDNumber=28301DPNT'l'3220C 1/24/2008 EPA 1 DEA Query Results Page 4 of 4y - 9th-12th grades: 1,231 (25.25%) $15,000.326,000: 551 (16.74%) High School Diploma: 1,539 (31.57%) $25,000450,000: 827 (25.12%) Some Collegel2-yr: 975 (20.00%) $50,000-$76,000: 449 (13.64%) S.S,/B.A. or more: 444 (9.11%) Greater than $76,000: 260 (7.90%) Please note: Entries in gray denote records that are not federally required to be reported to EPA. These data may not be reliable W1011 This report was generated by the integrated Data for Enforcement Analysis (IDEA) system, which updates its information from program databases monthly. The data were last updated: AM 12/1512007. PCS: 12/1512007. RCRAInfo: 12110/2007. FRS: 12/13/2007. TRI: 07/1312007_ Some regulated facilities have expressed an interest in explaining data shown in the Detailed Facility Reports in ECHO. Please check company web sites for such explanation& Data Quality Information I Contact Us I Privacy & Security Notice I Nome Last updated on January 24th, 2008 http://www.epa.gov/cgi-bin/getIcReport.egi?tool=ailfive&IDNumber=2830]DPNT'I'322OC 1/24/2008 EPA - Envirofacts Warehouse - TRI Page.1 of 9 Neoar4 U.S. ENVIRONMENTAL PROTECTION AGENCY U� � Toxics. Release Inventory (TRI) t Recenl AddiSions 1 ! � tact PrintVI ersion EF Search: � J EPA Home > Envirofacts > TRI > Envirofacts Report �4 PR Envirofacts Report Query executed on JAN-24-2008 Results are based on data extracted on NOV-15-2007 Click on "View Facility Information" to view EPA Facility information for the facility. Facility Name: DUPONT TEIJIN FILMS Mailino Name: CEDAR CREE K SITE Address: 3220 CEDAR CREEK RE) Ma_ iling FAYETTEVILLE NC 28312 Address: County_ CUMBERLAND Region: Facility View Facility Information TRI ID: Information: FRS ID TRI Preferred TRI Preferred Latitude: Longitude: Public Contact. MICHAEL C_ MATHESON Phone: Parent DUPONT TEIJIN FILMS Parent DUNS: Company_ US L.L.P. There were no SIC Codes reported to EPA for this facility. DUPONT TEIJIN FILMS CEDAR CREE K SITE 3220 CEDAR CREEK RD FAYETTEVILLE NC 28312 4 28301 DPNTT3220C 110006828601 9104338257 001205595 DUNS 129253881 Number: The above information comes from 2005, which is the latest reporting year on file for this facility. The earliest reporting year on file for this facility is 2000. Map this facility Map this facility using one of Envirofact's mapping utilities. Besides TRI, this facility also does the following: • has reported air releases under the Clean Air Act • has permits to discharge to water More information about these additional regulatory aspects of this facility can be found by pressing the other regulatory data button below. Other Reg6latbiy Data ­ ­1 littp:f/oaspub.ep,-t.govfenvii-oltris_control_trisJ)rint?tris_id=2830I DPNT'f3220C 1 /24/2008 EPA - Envirofacts Warehotise - TRI Page 2 of 9 r Total Aggregate Releases of TRI Chemicals to the Environment: For all releases estimated as a range, the mid -point of the range was used in these calculations. This table summarizes the releases reported by the facility. NR - signifies nothing reported by this facility for the corresponding medium" Total Aggregate Releases of TRI Chemicals excluding Dioxin and Dioxin -like Compounds (Measured in Pounds) Media 2005 2004 2003 2002 2001 2000 Air_Emissions 14755 11500 12296 16719 20400 54630 Surface Water Discharges IF NR NR NRJENRF NR ENE Releases to Land NR NR NR NR NR NR Underground Injection NR NR NR NR NR NR Total On -Site Releases 14755 11500 12296 16719 20400 54630 Transfer Off -Site to Disposal7 32 39 52 24301 22000 NR Total Releases i4787 11539 1234$ 41020 42400 54630 If-Z' -,"Praphic Summary of•this Table ° #j Total Aggregate Releases of Dioxin and Dioxin -like Compounds (Measured In Grams) Media 2005 2004 2003 2002 2001 2000 Air Emissions I I NR NR NR NR NR NR Surface Water Discharges NR NR NR NR F NR NR Releases to Land J NR F NR NR NR NR NR Underground Injection NR NR NR NR NR FNR Total On -Site Releases I NR NR NR F NR ENE NR Transfer Off -Site to Disposal NR NR NR NR NR NR Totai Releases NR NR NR NR NR NR " -'Graphic Summary,of this Table"' TRI Chemicals Reported on Form A: The facility has certified that for each chemical listed below, the annual release did not exeed 500 pounds for the reporting year listed and the listed chemical was not manufactured, processed, or otherwise used in an amount exceeding 1 million pounds in the reporting year. Form A can not be filed for PB T chemicals (except certain instances of reporting lead in stainless steel, brass, or bronze alloys). Chemical Name TRI C ©mical 2005 2Q04 2403 20Q2 2001 ZOOQ ANTIMONY LN010 INolp Notp Nop Notp Reported Reported COMPOUNDS Reported Re nrted Re orted Re orted II II 11 II -ir II II http://oaspub.cpa.gov/eiiviro/tris controLtris print?tris id=28301 DPN'I'T3220C 1/24/2008 EPA - Envirofacts Warehouse - TRI Page 3 of 9 MANGANESE COMPOUNDS N450 Not JINot JjNot INot Reported lReported lReported Reported Reported NOTE: All chemicals reported below have release or transfer amounts greater than zero. To see a list of all chemicals reported by this facility click here, Names and Amounts of Chemicals Released to the Environment by Year. For all releases estimated as a range, the mid -point of the range was used in these calculations, NR - signifies nothing reported for this facility by the corresponding medium. Rows with all "0" or "NR" values were not listed. Chemical Name Media re Unit Of Measu2005 2004 2003 202 2 0001 2000 ACETALDEHYDE AIR STACK Pounds 1110 850 840 5160 7900 3800 (TRI Chemical ID: 000075070) ANTIMONY COMPOUNDS AIR_FUG Pounds EH 30 56 74 NR NR (TRI Chemical 1D: N010) ANTIMONY COMPOUNDS DISP METALS Pounds (TRI Chemical ID: N010) ANTIMONY COMPOUNDS DISP NON METALS Pounds (TRI Chemical ID: N010) 7311 35 52 NR[:NR ::N R DDENR F]17N [:NR ETHYLENE GLYCOL AIR FUG 0 400 520F51olF 400 550 (TRI Chemical ID: 000107211) Pounds 46 ETHYLENE GLYCOL AIR STACK Pounds 174 0 E50 F 46 40 100 480 (TRI Chemical ID: 000107211) ETHYLENE-GL-YC0L_=3 DISP NON METALS Pounds NR NR NR E E:OO NR (TRI Chemical ID: 000107211) MANGANESE:COMP_00NDS- AIR FUG Pounds _]E30 30 34 35 NR NR (TRI Chemical ID: N450) METHANOL? (TRI Chemical ID: 000067561) AIR FUG Pounds 970 840 1100 1100 800 1200 Chemical ID: 000067561 Pounds 111210011930011970011 980011112001148600 Discharge of Chemicals into Streams or Bodies of Water: Please note that either there were no releases of chemicals into streams or bodies of water reported by this facility or the facility did not file a TRI form R for the years 1987 to 2005. Rows with Release Amount equal to "0" were not listed. Transfer of Chemicals to Off -Site Locations other than POTWs: Please note that transfer amounts are not included in release totals shown above. For all releases estimated as a range, the mid -point of the range was used in these calculations. Rows with Total Transfer Amount equal to "0" were not listed. Chemical Name I�Yoajj Unit Of TotalIITransfer Site Name and l Txpe OfWaste Mana egmenMeasure Transfer Address Ij http:Hoaspub,cpa.gov/etivii-o/tris_control.tris_pt-int?tris_id=28301 ll1'N`I'T3220C 1/24/2008 EPA - Envirofacts Warehouse - TRI Page 4 of 9Ir U�J Amount I II 1 DAK AMERICAS LLC ACETALDEHYDE 3216 CEDAR CREEK Wastewater Treatment (TRI Chemical I©: 2005 Pounds 44300 ROAD (Excluding POTW) 000075070) FAYETTEVILLE, NC 28312 DAK AMERICAS LLC ACETALDEHYDE 321E CEDAR CREEK Wastewater Treatment (TRI Chemical ID: 2004 Pounds 40000 ROAD (Excluding POTW) 000075070) FAYETTEVILLE, NC 28312 MONSANTO AGRICULTURAL ACETALDEHYDE PRODUCTS Wastewater Treatment (TRI Chemical ID: 2003 Pounds 21100 3468 CEDAR CREEK (Excluding POTW) 000075070) ROAD FAYETTEVILLE, NC fLj 11 28312 MONSANTO ACETALDEHYDE 2002 Pounds 15300 AGRICULTURAL PRODUCTS Wastewater Treatment Chemical ID: (TRI CEDAR CREEK ROAD (Excluding POTW) 000075070) FAYETTEVILLE, NC 28301230 11 MONSANTO ACETALDEHYDE 2001 Pounds 40000 AGRICULTURAL PRODUCTS Wastewater Treatment (TRI Chemical ID: OOOQ75070) CEDAR CREEK ROAD (Excluding POTW) FAYETTEVILLE, NC 28301 11 MONSANTO ACETALDEHYDE 2000 Pounds 10400 AGRICULTURAL PRODUCTS Wastewater Treatment (TRI Chemical ID: 000075070) CEDAR CREEK ROAD (Excluding POTW) FAYETTEVILLE, INC 28301 RINECO CHEMICAL ANTIMONY INDUSTRIES, IN C. COMPOUNDS (TRI Chemical ID: 2005 Pounds 1 1007 VULCAN ROAD- Other Off -Site Management N010) HASKELL BENTON, AR 72015 DAK AMERICAS LLC ANTIMONY COMPOUNDS 3216 CEDAR CREEK Wastewater Treatment (TRI Chemical ID: 2005 Pounds 31 ROAD (Excluding POTW)-Metals and N010) FAYETTEVILLE, NC Metal Compounds only 28312 DAK AMERICAS LLC ANTIMONY COMPOUNDS 3216 CEDAR CREEK Wastewater Treatment (TRI Chemical ID: 2004 Pounds 35 ROAD (Excluding POTW)-Metals and N010) FAYETTEVILLE, NC Metal Compounds only 28312 RINECO CHEMICAL ANTIMONY INDUSTRIES, IN C. COMPOUNDS (TRI Chemical ID: 2004 Pounds 4 1007 VULCAN ROAD- Other Off -Site Management N010) HASKELL BENTON, AR 72015 AGONSANTO RICULTUURAL http://oaspub.cpa.gov/cnviro/tris control.tris print?tris id=28301DPNT'r3220C 1/24/2008 EPA - Envirofacts Warehouse - TRI Page 5 of 9 PRODUCTS ANTIMONY COMPOUNDS 3468 CEDAR CREEK Wastewater Treatment (TRI Chemical ID: 2003 Pounds 52 ROAD (Excluding POTW)-Metals and N010) FAYETTEVILLE, NC Metal Compounds only 28312 MONSANTO ANTIMONY AGRICULTURAL COMPOUNDS (TRI Chemical ID: 2002 Pounds 63 PRODUCTS CEDAR CREEK ROAD Other Waste Treatment N010) FAYETTEVILLE, NC 28301230 RINECO CHEMICAL ANTIMONY COMPOUNDS INDUSTRIES, IN C. (TRI Chemical ID: 2002 Pounds 1 1007 VULCAN ROAD- Other Off -Site Management N010) HASKELL BENTON, AR 72015 DAK AMERICAS LLC ETHYLENE GLYCOL 3216 CEDAR CREEK Wastewater Treatment (TRI Chemical ID: 2005 Pounds 248000 ROAD (Excluding POTW) 000107211) FAYETTEVILLE, NC 28312 ETHYLENE GIANT RESOURCE GLYCOL 2005 Pounds 2700 RECOVERY-SUMTER Energy Recovery (TRI Chemical ID: 755 INDUSTRIAL BLVD, 000107211) SUMTER, SC 29151 RINECO CHEMICAL ETHYLENE INDUSTRIES, IN C. GLYCOL (TRI Chemical ID: 2005 Pounds 8600 1007 VULCAN ROAD- Energy Recovery 000107211) HASKELL BENTON, AR 72015 DAK AMERICAS LLC ETHYLENE 3216 CEDAR CREEK GLYCOL � 2004 Pounds 233000 ROAD Wastewater Treatment (TRI Chemical ID: FAYETTEVILLE, NC (Excluding POTW) 000107211) 28312 RINECO CHEMICAL ETHYLENE INDUSTRIES, IN C. GLYCOL (TRI Chemical ID: 2004 Pounds 750 1007 VULCAN ROAD- Energy Recovery 000107211) HASKELL BENTON, AR 72015 MONSANTO ETHYLENE AGRICULTURAL GLYCOL 2003 Pounds 136000 PRODUCTS 3468 CEDAR CREEK Wastewater Treatment (TRI Chemical ID: ROAD (Excluding POTW) 000107211) FAYETTEVILLE, NC 28312 RINECO CHEMICAL ETHYLENE INDUSTRIES, IN C. GLYCOL (TRI Chemical ID: 2003 Pounds 3700 1007 VULCAN ROAD- Energy Recovery 000107211) HASKELL BENTON, AR 72015 ETHYLENE SAMPSON COUNTY GLYCOL 2002 pounds 300 LANDFILL Other Landfills (TRI Chemical ID: 7434 ROSEBORO HWY 000107211) ROSEBORO, NC 28382 ETHYLENE I I��� 1AGRICULTMONSANTOURAL littp://oaspub.cpa.gov/cnviro/tris_control.tris_print?tris_id=28301 DPNT1'3220C 1 /24/2008 EPA - Envirofacts Warehouse - TRI Page 6 of i GLYCOL. PRODUCTS (TRI Chemical ID: 2002 Pounds 503000 CEDAR CREEK ROAD Wastewater Treatment 000107211) FAYETTEVILLE, NC (Excluding POTW) 28301230 RINECO CHEMICAL ETHYLENE INDUSTRIES, IN C. GLYCOL (TRI Chemical ID: 2002 Pounds 1600 1007 VULCAN ROAD- Energy Recovery 00010721 i) HASKELL BENTON, AR 72015 PIEDMONT SANITARY ETHYLENE LANDFILL AND GLYCOL 2002 Pounds 24000 RECYCLING CENTER Other Landfills (TRI Chemical ID: 9900 FREEMAN ROAD 000107211) KERNERSVILLE, NC 27284- ETHYLENE PIEDMONT LANDFILL GLYCQL 2001 Pounds 22000 9900 FREEMAN ROAD Landfill/Disposal Surface (TRI Chemical ID: KERNERSVILLE, NC Impoundment 00010721l) 27284 MONSANTO ETHYLENE AGRICULTURAL GLYCOL 2001 Pounds 419000 PRODUCTS Wastewater Treatment (TRI Chemical ID; CEDAR CREEK ROAD (Excluding POTW) 000107211) FAYETTEVILLE, NC 28301 ETHYLENE GLYCOL RINECO (TRI Chemical ID: 2001 Pounds 9800 1007 VULCAN ROAD Energy Recovery 000107211) BENTON, AR 72015, ETHYLENE SAL= ETY-KLEEN GLYCOL 2001 Pounds 18000 SYSTEMS Energy Recovery (TRI Chemical ID: 3700 LAGRANGE ROAD 000107211) SMITHFIELD, KY 40068 ETHYLENE DU PONT CAPE FEAR GLYCOL (TRI Chemical ID: 2000 Pounds 3020000 PLANT STATE ROAD 1426 Solvents/Organics Recovery 000107211) LELAND, NC 28451 ETHYLENE GLYCOL RINECO (TRI Chemical ID: 2000 Pounds 3700 1007 VULCAN ROAD Energy Recovery 000107211) BENTON, AR 72015 MONSANTO ETHYLENE AGRICULTURAL GLYCOL 2000 Pounds 454000 PRODUCTS Wastewater Treatment (TRI Chemical ID: CEDAR CREEK ROAD (Excluding POTW) 000107211) FAYETTEVILLE, NC HI 28301 --JL DAK AMERICAS LLC METHANOL 3216 CEDAR CREEK Wastewater Treatment (TRI Chemical [D: 2005 Pounds 129000 ROAD (Excluding POTW) 000067561) FAYETTEVILLE, NC 28312 RINECO CHEMICAL METHANOL INDUSTRIES, IN C, (TRI Chemical ID: 2005 Pounds 530 1007 VULCAN ROAD- Energy Recovery 000067561) HASKELL BENTON, AR 72015 http://OaSpL►b.epa.gov/enviro/tris control.tris print?iris id=28301DPN1'T3220C 1/24/2008 -EPA - Envirofacts Warehouse - TRI A Page 7 of 9 METHANOL (TRI Chemical ID: 000067561) 2004 Pounds 104000 DAK AMERICAS LLC 3216 CEDAR CREEK ROAD FAYETTEVILLE, NC 28312 Wastewater Treatment (Excluding POTW) MONSANTO AGRICULTURAL METHANOL PRODUCTS Wastewater Treatment (TRI Chemical 1D: 2003 Pounds 282000 3468 CEDAR CREEK (Excluding POTW) 000067561) ROAD FAYETTEVILLE, NC 28312 MONSANTO METHANOL AGRICULTURAL (TRI Chemical ID: 2002 Pounds 189000 PRODUCTS Wastewater Treatment 000067561) CEDAR CREEK ROAD (Excluding POTW) FAYETTEVILLE, NC 28301230 MONSANTO METHANOL AGRICULTURAL (TRI Chemical ID: 2001 Pounds 190000 PRODUCTS Wastewater Treatment 000067561) CEDAR CREEK ROAD (Excluding POTW) FAYETTEVILLE, INC 28301 MONSANTO METHANOU AGRICULTURAL (TR1 Chemical ID: 2000 Pounds 235000 PRODUCTS Wastewater Treatment 000067561) CEDAR CREEK ROAD (Excluding POTW) FAYETTEVILLE, NC 28301 DU PONT CAPE FEAR METHANOL Chemical ID: 2000 Pounds PLANT (TRI 42000 STATE ROAD 1426 Incinerationfl"hermal Treatment 000067561) LELAND, NC 28451 Summary of Waste Management Activites Please note that chemical amounts shown here are not included in Total Aggregate Releases shown above. Summary of Waste Management Activites excluding Dioxin and Dioxin -like Compounds (Measured in Pounds) Year On -Site Re�cling Off -Site On -Site Energy Recovery Off -Site Energy Recovery. On -Site Off -Site Total Amount RecyLcl111Q ITreatment11Treatmentl 2004 0 7501F 725601F 377000 450310 2005 11830 82760 421300 515890 2006 (Projected) 00 0 1 1566 85100 430000 516600 2007 (Pro ected) �0 0 1 1500 85100 430000 516600 Summary of Waste Management Activites for Dioxin and Dioxin -like Compounds (Measured in Grams) This facility did not report any waste management activites for Dioxin and Dioxin -like Compounds. littp://oaspub.opa.gov/enviro/tris_contraLtris_print?tris_1d=28301 DPN"f73220C 1 /24/2008 EPA - Envirofacts Warehouse - TRI Page 8 of 9 Chemicals Under Waste Management: Please note that chemical amounts shown here are not included in the Total Aggregate Releases shown above. Transfers to Publicly Owned Treatment Works are listed on a separate table. Chemical Name Year Unit Of Measure On -Site Off -site On -Site Off -Site On -site Off -Site Total Amount Energy Recovery Energy Recovery_ Recyclin Recycling Treated Treated AC_ETA L0EHYI]E 2004 20 55 �L' {Projected (P ojected) Pounds ���� 10000 45000 55000 ETHYLENE 2004 Pounds I I` �� 750 60 233000 233810 GLYCOL 200�7 FP —I F___1F____ D��O� 11300 F 60� 24-80� 25-9-360 2006 Pounds ��� 1500 100 255000 256600 (Projected) Transfer of Chemicals to Publicly Owned Treatment Works (POTW): This facility did not transfer any chemicals to a Publicly Owned Treatment Works (POTW). Non Production Releases: This report shows the quantities of the chemicals released to the environment by reporting year as a result of remedial actions, catastrophic events, or other one-time events not associated with production processes. Chemicals with zero release amounts are not shown. Chemical Name IlReporting Year Unit Of Measure Release Quantity ETHYLENE GLYCOL 2002 Pounds 24 000 Additional links for TRI: http://oaspLib.epa.�,,ov/ciiviro/tris control.tris print?tris id=2830 i DPNl" T3220C 1 /24/2008 EPA TRI Explorer Report(TRFA) I US EPA Page 1 of 2 =T �T{ TRIQ0&sort= VIEW_&sort_fmt=1&_5ERVICE=9�86jP RN TRI Explorer L44 ano You are here: EPA Nome TRI TRI_Ex,, loor_er(ver 4&) Reports Facility Profile Report Return t0 s_elecUon TRI Facility Name: DUPONT TEIJIN FILMS CEDAR CREEK SITE Address: 3220 CEDAR CREEK RD FAYETTEVILLE, NC 28312 County_ CUMBERLAND Public Contact: MICHAEL C. MATHESON Phone Number: 910 433-8257 Forms Submitted to TRI in 2004 Reporting Year: Form R (regular 5 form): Form A (certification 0 form): Click here for TRI Reporting Forms in EPA Envirofacts database Standard Industrial Classification (SIC) Code(s) in 2004 Reporting Year: I�:1.3�l1 ������i'r►�>t��:�1_1���1►U7:7��ir<)�� Reported TRI Chemical Data (in pounds, for all chemicals reported in 2004) Total On -site Releases: 11, 500 Total Off -site Releases: 39 Total Transfers Off -site for 377,789 Further Waste Management: Total Waste Managed: 461,849 TRI Facility Trend Graphs (click to view trend graph) Total On- and Off -site Releases Total Transfers Off -site for Further Waste_ Management Total Waste Managed TRI Chemical Trend Table (click to view trend table) all chemicals reported to TRI between 2000 and 2005 http://www.epa.gov/cgi-bin/broker?`I'R1=28301 DPNTT322OC&YEA R=2004&VIEW='rR... 1/24/2008 EPA TRI Explorer Report(TRFA) I US EPA Page 2 of 2 On- and Transfers Off- Quantities of EpA's IRIS Row Off -site site for Further TRI Substance File # Chemical Releases Waste Chemicals in (Risk Trend Management Waste Trend Information) CD Trend 1 ACETALDEHYDE _ C/ 12 2 ANTIMONY COMPOUNDS 3 ETHYLENE 2 : , ,, GLYCOL 4 MANGANESE J COMPOUNDS 5 METHANOL CZ CA C C Other TRI Facility Information La ' de: Longitude: Parent Comoanv Name: Parent Company Dun and Bradstreet: TRI Facility_ID Number: RCRA ID Number (Land): 34-11-49.9992 77-56-07.0008 DUPONT TEIJIN FILMS US LLP 001205595 28301DPNTT3220C NCD990714479 Down load all data for DUPONT TEIJIN FILMS CEDAR CREEK SITE Note: Reporting year (RY) 2005 is the most recent TRI data available. Facilities reporting to TRI were required to submit RY 2005 data to EPA by July 1, 2006. TRI Explorer is using a "frozen" data set based on submissions as of November 15, 2006 and released to the public on March 22, 2007 for the years 1988 to 2005 (i.e., revisions submitted to. EPA after this time are not reflected in TRI Explorer reports), Please access EPA Envirofacts to view TRI data with the most recent revisions. Back to top Facility Profile Report January 24, 2008 Go to TRI Explorer Home I Return TOP of SCREEN is This request took 2.49 seconds of real time (v9.1 build 1461). httpJ/www.epa.gov/cgi-bin/bToker?TRI=28301 DPNI"T3220C&YEAR=2004&VIEW=TR... U24/2008 Cape Fear River Basin Little River -Cape Fear River 8-Digit Subbasin 03030004 Ass"smcm Unit Number Name Use Use Description Support Support Reason for Parameter of Collection Listing IR Classification DWQ Subbasin Miles/Acres Watershed (s) Category Rating Rating Interest Year Year Category 18-(1) CAPE FEAR RIVER 030300040102 Aquatic Life Impaired Standard Violation Chlorophyll a 2006 2W6 5 From junction of Haw River and Deep River to a paint 0.5 mile upstream of NC Hwy 42 WS-IV 03-06-07 3.2 FW Miles 18-(26)d CAPE FEAR RIVER 030300040707 Aquatic Life Impaired Standard Violation Low pH 2O06 2008 5 From Lock and Dam 3 to NC 41 030300050102 C 03-06-16 21.3 FW Miles 030300050104 030300050201 030300050208 18-16-(0.3) Neills Creek (Neals Creek) From source to a point 0.3 mile upstream of Wake -Harnett County Line C 03-06-07 2.6 FW Miles 18-1640.7)a Neills Creek (Neals Creek) From a point 0.3 mile upstream of Wake -Harnett County Line to SR 1441 WS-1V 03-06-07 2.0 FW Miles 18.16-(0.7)b Neills Creek (Heals Creek) From SR 1441 to Kenneth Creek WS-IV 03-06-07 1.3 FW Miles 030300040301 Aquatic Life Impaired Biological Criteria Ecological/biological Integrity 2003 2W6 5 Exceeded Benthos 030300040301 Aquatic Life Impaired Biological Criteria Ecologicallbiological Integrity 2003 2006 5 Exceeded Benthos 030300040301 Aquatic Life Impaired Biological Criteria Ecologicalfbiological Integrity 2003 2006 S Exceeded Benthos IS- I6-(0.7)c1 Neills Creek (heals Creek) 030300040301 Aquatic Life Impaired Biological Criteria Ecologicalfbiological Integrity 2003 2006 5 Exceeded Benthos From Kenneth Creek to 0.4 miles upstream of US 401 WS-IV 03-06-07 6.7 FW Miles 18-16-1-(2) Kenneth Creek 030300040301 Aquatic Life Impaired Biological Criteria Ecologicalfbiological Integrity 2003 1998 5 From Wake -Harnett County Line to Neils Creek Exceeded Benthos WS-rV 03 Ob-07 3.9 FW Miles 18-18-1-(2) East Buies Creek 030300040303 Aquatic Life Impaired Standard Violation Low pH 2O06 2008 5 From a point 0.2 mile downstream of NC Hwy 55 to Buies Aquatic Life Impaired Standard Violation Low Dissolved Oxygen 2006 2006 5 C reek WS-IV 03-06-07 6.2 FW Miles 13. Draft 2008 303(d) List -integrated Reporl Category 5 Version-20080107 f erae 13 of 96 Quantities of TRI Chemicals in Waste iin pounds) Trend Report for faciliues in ACEfALDEMDE U.S. I998-2005' Tore) On -Site Dimp—I Total Other On -Size Total Off -Site Total Other Off -Site Total Quantity' Disposed Tots] Produrtinn- EnerV Recovery Energy Recovery Of! Treated On- Treated in Class I Ui RCRA Dispaatl or Other Disposd to Clan I UI t)i.p..d or Other or Oth—m— Released related waste Row 11 Year Recycled On ite Reeyded Off -®re On -site site site Off -site Landf Releases RCRA Landf Releases On- and Off site Managed 1 2000 0 0 O O 28300 10400 - 3800 42500 2 2001 0 O 0 0 7000 30000 _ - 79W 54900 3 2002 0 O 0 0 9440 15300 5160 29900 i 2003 0 O O 0 9900 21100 0 840 0 0 840 31830 5 200-1 0 O O 0 7500 30000 0 850 0 0 850 48350 6 2005 0 0 O 0 8200 SHOO 0 I110 0 0 1110 53610 Quantities of TRl Chemicals in Waste (in pounds] Trend Report for facilities in ETHYLENE GLYCOL U-S. 1998-2005' Energy Energy Total On -Site Total Other On- Total 011E-Site Total Other Off -Site Recycled Recycled Recovery Recovery Treated Treated Disposal to Class Site Disposal or Disposal to Class Disposal or Other Row 0 year On -site Off -site On -site 01f-site On -site Off-sitc UI RCRA landf Other Releases UI RCRA iandf Releases 1 2000 35200000 3020000 0 0 40 457000 2 2001 0 0 a 27800 24 419000 3 2002 0 0 0 1600 70 S03000 4 2003 0 0 0 3700 76 136000 0 566 0 5 2004 0 0 0 750 60 233000 0 450 0 6 2005 0 0 0 11300 60 248000 0 500 0 Total Quantity Disposed or Total Prnduetion- Otherwise Released related Waste On- and Off -site Managed 10tb 38678040 22500 469324 850 505520 0 566 140342 0 450 234260 0 500 259860 August 31, 2007 Ms. Dana Kraft VP of Operations Arcona Leather Technologies, LLC P-0- Box 11066 Hickory, North Carolina 28603 Subject: Dear Ms. Kraft, Kul.,& Michael F. Easley, Govemor5 c&Fr Stale of North Carolina William G. Ross, Jr., Secretary E E_�� 8etriwer��airnrnlrriFrii;iii"a[1�°i;u a esources eZ H Sullins, Director �EGkk V SE P - 5 2007 ANWATEFR QUALITY SECTION ` ! EVILLE REE_�IONAI_ OFFICE '1 Final NPDES Stormwater Permit Permit NCS000051 . Arcona Leather Technologies, LLC Caldwell County In response to your renewal application for continued coverage under NPDES stormwater permit NCS000051, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES 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). This final permit includes no major changes from the draft permit sent to you on June 27, 2007. The qualitative monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please note that analytical monitoring for vehicle maintenance is also required in this permit if vehicle maintenance, as defined in this permit, is performed onsite during the coverage period of this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part 111, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are - unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part 111, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. 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.. North Carolina Division of Water Quality (919) 733-7015 1617 Mail Service Center FAX (919) 733-0719 Ms. Dana Kraft Arcona Leather Technologies, LLC Permit No. NCS000051 Page 2 If you have any questions or comments concerning this permit, contact Kelly Johnson at (919) 733-5083 x 376 or kelly.p.johnson@ncrnail.net. ncmail.net. Sincerely, ORIGINAL SIGNED BY Br ADLI=y gi=NNETT for Coleen H. Sullins, Director cc: Asheville Regional Office Stormwater Permitting Unit Central Files Attachments NCS000051 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PF>RMIT TO DISCHARGE STQRMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Arcona Leather Technologies, LLC is hereby authorized to discharge stormwater from a facility located at Arcona Leather Technologies, LLC 2615 Mission. Road Hudson, NC Caldwell County to receiving waters designated as Little Gunpowder Creek, a class C stream in the Catawba River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. - This permit shall become effective September 1, 2007. This permit and the authorization to discharge shall expire at midnight on August 31, 2012. Signed this 3 1 " day of August 2007. ORIGINAL SIGNED BY bRADLEY SENNETf for Coleen H. Sullins, Director Division of Water Quality - By the Authority of the Environmental Management Commission- Permit No. NCS000051 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART I1 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers i Permit No. NCS000051 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls l . Proper Operation and Maintenance 2. Need! to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1, Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall b. Records Retention 7. Inspection and Entry Section E: Reporting Requirements I . 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 V1 DEFINITIONS I Permit No. NCS000051 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. 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 individual 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 discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part [ Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000051 R;yt.••"""hf¢,,.M "r�'.�-•i-;i t, T _yj try /jL] 4� S�'yT1u a r� < I a ` + jSt4fl. a r �` 4�'� \• J '•'7'ti. �n�MyT `J1f y iii 1 l55\\\\il /1. 1 • �4 8 7 \ f'��5l:\l i A! C } I C 1 l! �y w.r -" 15 �Jy "� ,S ✓• �yX �i �!! ; � r (i ���,� +n � I�� i��•�}I ��� 1{� �_� � � �I�. 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S'i'����r5�. , �s'...I4- �b �.A'3r fr �-•�'�.:��.,;,,���-y'S!I ���. �1 • ' S 17� �••'�,� @ 4��'`• 11 1 {may'. { ,}�h'�+a�'+L r. y� _ t :,.i� .� a. [�.:i �..""r';4+a � n� f � 4* r�+-�L. �• ,y��;'-Go•^W/"_, .,` rSa• �t 1y`.� ; i5y'u�., I /r AL •'c Eat....j.,aw t¢!F•f1 W,. S,w,atr�e..•- �• d ./Y .""'-Y. �:� ( h \� - 7...*' ,i„ T�''.'�..•�,�}}, ^.'':ti "� �: �«tit _`-_-�i��`%4,L�T` � �"��" • t�(� it�ss��.aa�ti s'"'1�r�" !1 1 ��,.. `. � 4�+"..:�=��,�:iT' ''ii2:3'd%': • i��� i � ,. —. �ni �°°,k�r' .. •'�•�[:Si�'\-;r ...�_._. �'t:..s lL �'rl:[.`Cr'.�.."�':$[����%�".-'s ., Latitude: 35°49'55"N NCS000051 Longitude: 81128 20 W County: Caldwell Arcona Leather Stream Class: C Technologies, LLC Receiving Stream: Little Gunpowder Creek Sub -basin: 03-08-02 (Catawba River Basin) Facility Location (:ffotth 11 140T TO 9CAU Part I Page 2 of 2 Permit No. NCS000051 PART II: MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION CLAN The permittee shall develop a Storrnwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: a. A general location map (USGS quadrangle map or appropriately_ drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of 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 Iongitude of the point(s) of discharge. b. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices.. C. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Location of industrial activities (including storage of materials, disposal areas, -process areas and loading and unloading areas) (3) Drainage structures (4) Delineated drainage areas for each outfall (5) Drainage area for each outfall in acres and percentage of each drainage area that is impervious (6) Building locations (7) Existing BMPs and impervious surfaces (8) For each outfall, a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge. d. A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part Ill, Standard Conditions, Section B, Paragraph 3. Part 11 Page 1 of 6 Permit No. NCS000051 2_ Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study.. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all- storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. b. Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization -Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater,that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater_ Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a .period of five years. C. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shalt be identified. A responsible person shall be on -site at all times during facility operations -that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. Part 11 Page 2 of 6 Permit No. NCS000051 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 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 3) to the Director that the changes have been made. S. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems,.plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan_ Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative inunediately upon request. Part 11 PaGe 3 of 6 Permit No. NCS000051 SECTION B: ANALYTICAL MONITORING REQUIREMENTS No analytical monitoring is required as of the issuance date of this. permit. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 1. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls is performed when stomiwater discharge occurs but does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 1. Qualitative Monitoring Requirements D" hisehar a Caraec !f� a.,'1;F...pr, F . :.i Te',i onttortn.:g •- LQCatIQn.. Color Semi-annually SDO Odor Semi-annual] SDO Clari Semi-annually SDO Floatin Solids Semi-annualIX SDO Suspended Solids Semi-annually SDO Foam Semi-annually SDO Oil Sheen Semi-annually SDO Other obvious indicators of stormwater pollution Semi-annually SDO Footnotes: I Monitoring Location: Qualitative monitoring shall be performed at each st:ormwater discharge outfall (SDO) regardless of representative outfall status. 2 Measurement Frequency: Monitoring will be performed two times per year for each year until either another pennit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle, the permittee has submitted the appropriate paperwork for a renewal application before the submittal deadline, the permittee will be considered for a renewal permit. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 3 for schedule of monitoring periods through the end of this permitting cycle. Part 11 Page 4 of 6 Permit No. NCS000051 SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 2. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified in Table 3 below. Monitoring results shall be compared to the benchmark values in Table 4. The benchmark values in Table 4 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Table 2. Analytical Monitoring Re uirements for On -Site Vehicle Maintenance Discharge Characteristics ,.;�t'"xk,hl°.". 'k';yUnits r,�Ir�{ ,k w� Me°asuremen`t,; [,aFre itenc E� riSaTOXmple � T , e? . {'Sarr�plei,E s Locatton3 H standard Semi-annually Grab SDO Oil and Grease m Semi-annually Grab SDO Total suspended Solids m /L, Semi-annually Grab SDO New Motor Oil Usagegallons/month Semi-annually Estimate - Total.Rainfall inches Semi-annually Rainfall Event Duration minutes Semi-annually Footnotes: I Measurement Frequency: Monitoring will be performed two times per year for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle, the permittee has submitted the appropriate paperwork for a renewal application before the submittal deadline, the permittee will be considered for a renewal permit. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 3 for schedule of monitoring periods through the end of this permitting cycle. 2 if the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff' from area(s) where vehicle maintenance activities occur. Part I l Page S of 6 Permit No. NCS00005 l Table 3. Monitoring; Schedule Mairto`rng period" Simple IYu'mliert'^ �,'...i,A, �i ,�ijF : ,,i, o r . �" "' alaM Year I —Fall I September 1, 2007 November 30, 2007 Year I - Spring 2 April 1, 2008 June 30, 2008 Year 2 — Fall 3 September 1, 2009 November 30, 2008 Year 2 — Spring 4 April 1, 2009 June 30, 2009 Year 3 — Fall 5 September 1, 2009 November 30, 2009 Year 3 — Spring 6 April 1, 2010 June 30, 2010 Year 4 — Fall 7 September 1, 2010' November 30, 2010 Year 4 -- Spring 8 April 1, 2011 June 30, 2011 Year 5 — Fall 9 September 1, 2011 November 30, 2011 Year 5 — Spring 10 April 1, 2012 June 30, 2012 Footnotes: l Maintain semi-annual monitoring during; permit renewal process. Table 4. Benchmark Values for Vehicle Maintenance Analytical Monitoring I Disch"arg" a. C. h,arYsact't �= maer�s�c 411Bk; ' pH6-5 standard 6 - 9 Oil and Grease mg/L 30 Total Suspended Solids--T mg/L 100 Part 11 Page 6 of 6 Permit No. NCS000051 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prier 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. Duty to Comely The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $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 $1 1,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $27,500, Penalties for Class 11 violations are not to exceed $1 1,000 Part I I I Page I of 8 Permit No. NCS000051 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $137,500. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part Ill, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, 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 Rifts The issuance of this individual 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 oT personal rights, nor any infringement of Federal, State or local laws or regulations. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. . Duty -to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports Part I l l Page 2 of 8 Permit No. NCS000051 The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration The 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 § 1 43-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit 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 permitted facility is sold or closed. Sianatory Reauirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) 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 individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; Part Il I Page 3 of 8 Permit No. NCS000051 (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. Any person signing a document under paragraphs a. or b. of this section shall make the following certiiication. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification. Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening, and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 214 .0100; and North Carolina General Statute 143-215.1 et. al. 5. - Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: Partill Page 4 of 8 Permit No. NCS000051 a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather, This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it wil l meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Renresentative Samnline 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 ev6nt. 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. Recordine Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and 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. Part II I Page 5 of 8 Permit No. NCS000051 To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Representative Outfall If a facility has multiple discharge locations with substantially identical stonmwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. if it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Records Retention Visual monitoring shall be documented and records maintained at 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 individual 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. rnspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of'credentials and other documents as may be required by law, to; a. ; Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable titres any facilities, equipment (including monitoring and control Equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS I. Discharee 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. 2. Submitting_ Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality PartIl l Page 6 of 8 Permit No- NCS000051 Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 143-215.613 or in Section 309 of the Federal Act. 4, Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 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. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. $. Twenty-four Hour Re ortin The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Part III Page 7 of 8 Permit No. NCS000051 Other Noncompliance The permittee shall report al I 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 an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part l 11 Page 8 of 8 NCS000051 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREM ENTS 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 Individual Permit. PART VI DEFINITIONS I. Act See Clean Water Act. 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, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 5 Permit No. NCS000051 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 &ra >e 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. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 125 1, 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. 11, Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored 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. 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. Parts IV, V, and VI Page 2 of 5 Permit No. NCS000051 16. Permittee The owner or operator issued a permit pursuant to this individual permit, 17. 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. 18. , 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: 19. 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. 20. 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. 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 3.13 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 1I1, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table 11(organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR l 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Parts IV, V, and VI Page 3 of 5 Permit No. NCS000051 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 10] (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)(14). 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. Ten Year Design Storm 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. 30, Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Parts 1V, V, and VI Page 4 of 5 Permit No. NCS000051 31. Total Maximum Daily Load TMDL A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. 32. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 33. 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. 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. , 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been.or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25-Year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Parts 1V, V, and V1 Page 5 of 5 M16 DuPontTeijinFilms- October 1, 2004 Individual Permit Renewal Attention: Aisha Lau Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Reference: Permit Renewal Permit No. NCS000056 DuPont Teijin Films, Cedar Creek Site Cumberland County Dear Sirs: Cedar Creek Site 3220 Cedar Creek Road Fayellerille, NC 28312 Telephone (910) 433-8233 ➢ rw�1N~�.=�MM,��%r.`�:."h.. L�nwti.ui17ti/W� . 1 OCT 6 2004 f r ..�r�iyr,.sri�rntt aun�rrr 4 L, BRANCH,,, h As required under North Carolina Administrative Code (15A NCAC 21-1.0105(c), I am submitting the attached application for a renewal of the site's current stormwater discharge permit. Additionally, I have attached the information requested in the letter from Bradley Bennett dated September 20, 2004. If you have questions regarding the information submitted, please contact me at (910) 433-8233 or via e-mail at Harvey.M.IwerkSna sa.dupont.com. Sincerely, 217•/L Har l M. Iwerks Safety, Health & Environmental Manager 7099-3220-0001-1362-0498 ACNEWMAN & CO. Group Insurance Specialists since 1974 Attachments r .+ 41a .p LEITER of TRANsmrrTAL.Doc - 1 - 01ft& DuPontTeijinFilms- Analytical Monitoring Results - DuPont Teijin Films - NCS000056 Date of Sampling Outfall No. Total Flow (MG) pH Total Event Precipitation (inches) Event Duration (hrs.) sampling Analysis Conducted by: 12-Ma -04 SDO-001 0.350 7.3 0.5 2.0 S&ME , Inc 26-Feb-04 SDO-001 0.390 6.4 6.0 (snow) 5.0 S&ME , Inc 19-Nov-03 SDO-0D1 0.650 6.0 1.0 20 S&ME , Inc 18-Au -03 SDO-001 0.350 6.0 0.5 1.3 S&ME , Inc Visual Monitoring Results - DuPont Teijin Films - NCS000056 Date of Sampling Outfall No. Color Odor Clarity Floating Solids Suspended Solids Foam Oil Sheen pH Estimated Flow Rate (gpm) amp ing Analysis Conducted by: 12-Ma -04 SDO-001 Clear None 2 1 1 No No 7.3 30 S&ME, Inc 31-Oct-03 SDO-001 Clear None 2 1 1 No No 6.2 NR S&ME, Inc 24-A r-03 SDO-001 Clear None 2 1 1 Yes' No 6.1 6.5 S&ME, Inc 27-Nov-02 SDO-001 Clear None 1 1 1 No No 6.6 1.3 S&ME, Inc 13-Mar-02 SDO-001 Clear None 1 1 1 No No 6.7 30.0 S&ME, Inc 29-Nov-01 SDO-001 Clear None 1 1 1 No No 7.3 2.0 S&ME, Inc 30-A r-01 SDO-001 Clear None 2 1 NR No No NR NR S&ME.Inc 12-Mar-01 SDO-001 Light Gray None 4 1 NR Yes No 6A 25.0 S&ME, Inc 13-Dec-00 SDO-001 Clear done 2 1 NR No No 6.3 5.0 S&ME, Inc 20-Mar-00 SDO-001 Clear None 2 —1-1 NR No No 7.9 20.0 S&ME, Inc A small amount of foam was observed floating on the water. More foam was observed the water where the discharge entered the creek. The foam looked and behaved like soap. 2 Some foam noted where the stormwater fails into the tributary area. NR = Note Recorded Q5. W A rF9 h v � r y • ¢ Y PERMITCOVERAGE RENEWAL APPLICATION FORM National Pollutant Discharge Elimination System Stormwater Discharge Permit Permit Number NCS000056 TIIIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WI1'l TIff' REQUESTED SUl'YLEI`II?N'1'AL INFORMATION TO T11E DIV. O1-' WA'l'ER QUALITY IN ORDER FOR YOUR FACI1.tTY'1'O QUALIFY FOR RENEWAL OF YOUR S'1'ORMWATI;R PERMIT NCS000056 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. OWNER INFORMATION Owner/Org. Name: DUPONT TEHIN FILMS CEDAR CREEK SITE DuPont Te ij in Films US L.L.P. Owner Contact: _ Mailing Address: 27 Barley Mill Dr. Wilmington, DE 19807-2217 Phone Number: (302) 774-1000 Fax Number E-mail address: FACILITY INFORMATION Facility Name: DUPONT TEUIN FILMS CEDAR CREEK SITE Facility Contact: Facility Address: CEDAR CREEK ROAD FAYETFFVILLE, NC 28302 Phone Number: Fax Number E-mail address: PIERMIT INFORMATION Permit Contact: CATHERINE A ELROD Mailing Address: PO BOX 630 Phone Number: Fax Number: E-mail address: 3220 Cedar Creek Road Fayetteville, NC 28312 (91Q) 433-8233 (910) 488-8388 Harve .M.Iwerks usa.du ont.com Jeffrey T. Stanfield 3220 Cedar Creek Road FAYETTEVILLE, NC28302 Fayetteville, NC 28312 9104338260 (910) 433-8260 (910 s 433-8386 Jeffrey.T.Stanfield-1@usa.dupont.com DISCHARGE INFORMATION Discharge Receiving Water: CAPE FEAR RIVER Stream Class: C. Basin: Sub -Basin #: 030615 Number of outfalls: CIiRTIFICATION 1 1 certify that 1 am familiar with the information contained in the application and that to the best of my knowledge and belief such inform .on is true, complete and accurate Signature5�Date �� - - Z'DOo Jeffrey/T. Stanfie d Site Manager Print or type name of person signing above Title Please return this completed renewal application form to: Individual Permit Renewal Attn: Aisha Lau Stormwatcr and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SUPPLEMENTAL INFORIVIA'rION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMrr Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials 10AAd 1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. it 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. 4. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP:s. -,X 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). �r If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the iast years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as a storm event that measures greater than 0A inches and is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. IN& DuPontTeijinFilms- POTENTIAL POLLUTANT SOURCES AND BEST MANAGEMENT PRACTICES — IN USE AT THE DUPONT TEIJIN FILMS CEDAR CREEK SITE "Hazardous Materials" Stormwatcr Management Several aboveground storage tanks (ASTs) located on site store a variety of compounds such as ethylene glycol, methanol, dimethyl terephthalate (DMT), No. 2 fuel oil, and Dowtherm® A. The DMT ASTs (DMT is a solid at ambient temperatures) have concrete containment walls and an earthen floor. The other ASTs are located in secondary containment areas with concrete walls and floors. Each secondary containment area is designed to contain the cumulative capacity of all ASTs located within the containment area should a catastrophic failure/release occur. Stormwater from these containment areas is pumped into the chemical sewer system through a manually operated steam injection system. The chemical sewer contents are sent off -site for biological treatment. A diethylene glycol tanker unloading station is located at the eastern end of the site. The dispensing ports on the tanker are located over a diked containment area, so that any spills are contained while loading. 'nie containment basin has a drain that flows to the chemical sewer system. Diesel fuel used to fuel truck equipment is stored in an AST with built-in secondary containment and is located at the south end of the site. The AST is located in a curbed area fitted with a valve that controls stormwater flow to the chemical sewer. All solid drummed non -hazardous waste material is stored on pallets in a secured fenced area. All runoff from this area flows to the impounding basin, and is then conveyed to the DAK Service's WWTP. All hazardous waste is stored on pallets in a concrete containment area adjacent to the non -hazardous waste storage. The containment area has a trench drain which flows to the chemical sewer system and to the DAK Service's WWTP. There are two rail -loading stations in front of the non -hazardous waste storage area. Methanol and an ethylene glycol still bottom residue are loaded for transport off -site at one of the stations, and ethylene glycol is unloaded at the other station. All stormwater from these loading stations is captured in either the chemical sewer system or the impounding sewer where the waters are eventually conveyed to the DAK Service's WWTP. All stormwater from areas where raw materials or by-products are handled or used is considered to be potentially contaminated and is therefore processed in the DAK Service's WWTP. "Nun -Hazardous" Materials Stormwater Management The final product, PET chips, is primarily handled in the chip bunker, and packout/loading areas on the north side of the plant. Intermediate. off -specification polyester is temporarily stored in storage bins located near the stormwater collection basin. Stormwater from these areas combine and flow through the stormwater retention basin prior to leaving the site and discharging to an unnamed tributary to the Cape Fear River. The basin allows for the settling of solids that may have become entrained in the stormwater runoff. Other Areas Stormwater from the gatehouse, engineering building, administrative offices and warehouse is collected in the storm sewer and conveyed to the stormwater retention basin. Stormwater from these areas is considered to be "clean" stormwater, generated mainly from roof tops and surrounding impermeable concrete and asphalt surfaces. 09/30/04 BMP 5timmary.doc STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION N.C. Division ref Water Quality, .Stormwater and Generol Permits Unit Facility Name: DUPONT TEIJIN FILMS CEDAR CREEK SITE Permit Number: NCS000056 Location Address: CEDAR CREEK ROAD FAYETTEVILLE, NC 28302 County: CUMBERLAND "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate, and complete" "I certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit." "1 am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations" Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE STORMWATER POLLUTION PREVENTION PLAN WITI-I THE CERTIFICATION. Signature Jeffrey . Stanfield Print or type name of person signing above Date / D — O 1 — ZOO Site Manager Title SITI'Cer6ficafion 2/99 DUPONT TELIIN FILMS PROPERTY BOUNDARY u� I M ii +x�,- . s i i-• i f���r=may i .TREATMFNTPLANT � mom �{�mv �. •�®TANK #2 • ®®�all TA14KNI �� ■TRANSFER AREA rr� f •, L GRAKL 7/7 VI 51�9V�Ey1fi;� I L.�� �59KaLi PIVL RACK EOo i M• � 41E i �. re PRAXAIR & ATER INPSITE BASIN N BASIN NG C rs�i 003 GRAPHIC SCALE I mce - ualK rR 'f0 MONSAN"PO WASTEWATER TREATMWNT PLANT' TANK N3 AND TRANSFER AREA LLGHNU - 7>- SURFACE FLOW OUTSIDE SECONDARY STRUCTURES THROUGH SYSTEM IMPOUNDING SEWER - FLUID FLOW FROM WITHTIN THE SECONDARY CONTAINMENT STRUCTURES TOTHE WASTEWATER TREATMENT' PLANT SITE MAP DUPONT-TEIJIN FILMS SWP3 FAYETTEVILLE. NORTH CAROLINA RALEIGN eRANa+ S MO 311! 51.tr:c FORE9T ROAD P.O. 5e - Box R.ALlWK N.C. i6SE-W69 ENVIRONMENTAL SERvtCES I9191671-Y6W FAx:I9161T90-%v REFERr,NCLi: SITE MAP ENONEERRSG . TESTING RE -DRAWN FROM ALTA SURVEY PROVIDED BY SCALE: 1- = 120' DRAWN f3v: JCJ CHEGlCE.❑ BY: TLIE ROSE GROUP, INC, JOB NO 1040-00-416C DATE' -MARCH 2003 FIGURE 2 j K6, V kA- ENVIRONMENTAL SERVICES ENGINEERING rESTINn OW*7& DuPontTeijinFilms- SUMMARY OF SIGNIFICANT CHANGES - DUPONT TEIJIN FILMS CEDAR CREEK SITE Since the issuance of the NPDES permit to the Cedar Creek on March I, 2000, there have been No significant changes in the manufacturing process, raw materials used, material handling or storage practices or production rates. .. s Yt^^A-r-d fo t4s.d,M DVt,PWd IRM DuPonffeliinFilms­ POTENTIAL POLLUTANT SOURCES AND BEST MANAGEMENT PRACTICES - IN USE AT THE DUPONT TEI,IIN FILMS CEDAR CREEK SITE "Hazardous Materials" Stormwater Management Several aboveground storage tanks (.ASTs) located on site store a variety of cot ounds such as--ethylene� gly l; methanol, di-methy1-terephth al ate-(DM•I=),-No: 2-fuel-oiI-, and-DowtheO_ A. The DMT ASTs (DMT is a solid at ambient temperatures) have concrete�containment walls and an arthen floor. The other AS'I"s are located in secondary containment areas with concrete walls and floors. Eaclisecond'ary containment area is designed to contain the cumulative capacity of all ASTs located within the containment area should a catastrophic failure/release occur. Stormwater from these containment areas is pumped into the chemical sewer system through a manually operated steam injection system. The chemical sewer contents are sent off -site for biological treatment. 1-7 kwomaA*1,1c,"-? - S" A diethylgac ulywl tanker 1oa ' _statiwi is located at the e st�mend 4the site. The dispensing ports on the tanker are located over a diked .containment area, so that any spills are contained while loading. The containment basin has a drain that flows to the chemical sewer system. --�► Diesel fuel used to fuel truck equipment is stored in an AST with built-in secondary containment and is located at the south end of the site. The AST is located in a curbed area_.fiitted with a valve that controls stormwater flow to the chemical sewer. All solid drummed non -hazardous waste material is stored on pallets in a secured fenced area. All runoff from this area ws to the impounding basin, and is then conveyed to the DAK Service's W WTP. All hazardous waste is stored on pallets in a concrete containment area adjacent to the non -hazardous waste storage. The containment area has a trend fn which flows to the chemical sewer system and to the DAK Service's WWTP. f K; g�gC p1- Wcf► `(fit i? There are two rail -loading stations in front of the non -hazardous waste storage area. Methanol and an ethylene glycol still bottom residue are loaded for transport off -site at one of the stations, and ethylene glycol is unloaded at the other station. All stormwater from these loading stations is captured in either the chemical seem or the impounding sewer where the waters are eventually conveyed to the DAK Service's W WTP. A11 stormwater from areas where raw materials or by-products are handled or used is considered to be potentially contarnmated.and is therefore processed in the DAK Service's W WTP. "Non -Hazardous" Materials Stormwater Manarzement The final product, PET chips, is primarily handled in the chip bunker, and packout/loading areas on the north side of the plant. Intermediate, off specification polyester is temporarily stored in storage bins located near the stormwater collection basin. Stormwater from these areas combine and flow through the tom rmwater retention basin prior to leaving the site and discharging to an unnamed tributary to the Cape rear -Rivet. The basin allows for the settling of solids that may have become entrained in the stormwater-runoff. Other Areas Stormwater from the gatehouse, engineering building, administrative offices and warehouse is collected in the storm sewer -and conveyed to the stormwater retention basin. Stormwater from these areas is considered to be "clean" stormwater, generated mainly from roof tops and surrounding impermeable concrete and asphalt surfaces. �- 09I30/04 'P � � BM1' Summarv.doc t w4ft DuPontTeijinFilms- POTENTIAL POLLUTANT SOURCES AND BEST MANAGEMENT PRACTICES --1N USE AT THE DUPONT TEI.RN FILMS CEDAR CREEK SITE "Hazardous Materials" Stormwater_Manaaement Several aboveground storage tanks (ASTs) located on site store a variety of compounds such as ethylene glycol, methanol, dimethyl terephthalate (DMT), No. 2 fuel oil, and Dowtherm® A. The DMT ASTs (DMT is a solid at ambient temperatures) have concrete containment walls and an earthen floor. The other ASTs are located in secondary containment areas with concrete walls and floors. Each secondary containment area is designed to contain the cumulative capacity of all ASTs located within the containment area should a catastrophic failure/release occur. Stormwater from these containment areas is pumped into the chemical sewer system through a manually operated steam injection system. The chemical sewer contents are sent off -site for biological treatment_ A diethylene glycol tanker unloading station is located at the eastern end of the site. The dispensing ports on the tanker are located over a diked containment area, so that any spills are contained while loading. The containment basin has a drain that Bows to the chemical sewer system. Diesel fuel used to fuel truck equipment is stored in an AST with built-in secondary containment and is located at the south end of the site. The AST is located in a curbed area fitted with a valve that controls stormwater flow to the chemical sewer. All solid drummed non -hazardous waste material is stored on pallets in a secured fenced area. All runoff from this area flows to the impounding basin, and is then conveyed to the DAK Service's WWTP. All hazardous waste is stored on pallets in a concrete containment area adjacent to the non -hazardous waste storage. The containment area has a trench drain which flows to the chemical sewer system and to the DAK Service's WWTP. There are two rail -loading stations in front of the non -hazardous waste storage area. Methanol and an ethylene glycol still bottom residue are loaded for transport off -site at one of the stations, and ethylene glycol is unloaded at the other station. All stormwater from these loading stations is captured in either the chemical sewer system or the impounding sewer where the waters are eventually conveyed to the DAK Service's WWTP. All stormwater from areas where raw materials or by-products are handled or used is considered to be potentially contaminated and is therefore processed in the DAK Service's WWTP. "Non -Hazardous" Materials Stormwater Manaeement The final product, PET chips, is primarily handled in the chip bunker, and packout/loading areas on the north side of the plant. Intermediate, off -specification polyester is temporarily stored in storage bins located near the stormwater collection basin. Stormwater from these areas combine and flow through the stormwater retention basin prior to leaving the site and discharging to an unnamed tributary to the Cape Fear River. The basin allows for the settling of solids that may have become entrained in the stormwater runoff. Other Areas Stormwater from the gatehouse, engineering building, administrative offices and warehouse is collected in the storm sewer and conveyed to the stormwater retention basin. Stormwater from these areas is considered to be "clean" stormwater, generated mainly from roof tops and surrounding impermeable concrete and asphalt surfaces_ 09/30/04 BMA Summary.doe State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director September 20, 2004 DUPONT TEIJIN FILMS CEDAR CREEK SITE Al N: CATI-IERINE A ELROD, OR SUCCESSOR PO 130X 630 FAYI:TTEVILLE, NC 28302 Dear Permittee: 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Dupont Teijin Films Cedar Creek Site Permit Number NCS000056 Cumberland County Your facility is currently covered for Stormwater discharge under NPDES Permit NCS000056. This permit expire on March 31, 2005. North Carolina Administrative Code (15A NCAC 21-1.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your.application for renewal of your, permit. As stated above, the application form must be completed and returned along with all requested information by October 1, 2004 in order for the permit to be renewed by March 31, 2005. Failure to request renewal by October 1, 2004 may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit o cc: Central Files Stormwater and General Permits Unit Files Fayetteville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director January 16, 1998 Mr. Harvey M. Iwerks E.I. du Pont de Nerriours and Company P O Box 630 Fayetteville NC 28302 A�j ID E N F=1 Subject: Permit Name/Ownership Change E.I. du Pont de Nemours and Company (formerly ICI Americas, Inc.) Permit No. NCS000056 Cumberland County Dear Mr. Iwerks: In accordance with your name/ownership change application which we received on December 29, 1997 we are forwarding herewith the modified Certificate of Coverage page for the subject facility. The only changes in this permit are in regard to name and ownership. All other terms and conditions in the original permit remain unchanged and in full effect. This Certificate of Coverage is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. 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 request 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 change, please contact Steve Coerper at 919/ 733-5083, extension 361. Sincerely, &4d / &I-tt A. Preston Howard, Jr., P.E. cc: Fayetteville Regional Office, 'Water Quality Section Central Files Permits and Engineering P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper N Permit No. NCS000056 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE; STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 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, E.1. du Pont de Nemours and Company is hereby authorized to discharge stormwater from a facility located at Cedar Creek Road city of Fayetteville Cumberland County to receiving waters designated as Cape Fear River, a Class C stream, in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, Ill, and IV hereof. This permit shall become effective January 16, 1998. This permit and authorization to discharge shall expire at midnight on October 31, 1999. Signed this 16th day of January, 1998. A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission /I o�0� w A r��Qt✓ � r I'm DuPont Teijin rilme, Attn: Mr. Harvey M. Iwerks 3220 Cedar Ci eek Road Fayetteville, NC 28312 Dear Mr. Iwerks; Michacl F. E aslt:y. Goverrrnr William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Dim-clor Division of Water Quality October 12. 2004 Subject: NPDES Permit Renewal Application Permit Number NCS000056 Individual Stormwater Permit Cumberland County The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your renewal application for coverage under NPDES Permit Number NCS000056 on October 6, 2004. The submitted renewal package contained the following items: Sifnnd application Site snap Analytical monitoring results summary Visual monitoring results summary S} Best Management Praclices surrarnary 3 Narrative describing significant changes at the pernlittCd facility i Signed Storrwater Pollution Prevention Plan certification A preliminary review of the submitted renewal application package has been conducted and it appears to be complete. No further information is required at this time. If you have any questions about the renewal process or would like to discuss this letter, please contact me at (919) 733-5083, extension 578- Si2 Aisha H. Lau Environmental Engineer cc: Fayetteville Regional Office Stormwater Permitting Unit Central Files North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 Service Internet: h2o.enr.state,nc.us 512 N. Salisbury St. Raleigh, NC 27604 An Equal Opportunity/Affirmalive Action Employer- 50% Recycledr l4% Post Consumer Paper No thCarolina Aahindly Phone (919) 733-7015 cwoolotcr FAX (919) 733-2496 1-877-623-6748 State of North Carolina Department of Environment and Natural Resources Division of Water Quality .lames B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director March 15, 2000 Mr. Harvey Iwerks DuPont Cedar Creek Site P.O. Box 630 Fayetteville, NC 28302 1 • • NCDENR NORTH CAROL.INA DEPARTMENT OF ENVIRONMENT AND NATURAL, RESOuRcEs Subject: Permit No. NCS000056 DuPont Cedar Creek Site Cumberland County Dear Mr. Iwerks: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000056 the Division of Water Quality (DWQ) is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. Please note that the Division has revised the analytical monitoring strategy for individual stormwater permits. Based on a review of the permit monitoring data received to date, the analytical monitoring measurement frequencies have been changed and cut-off concentrations have been removed. These changes will be implemented for all second term individual stormwater permits with analytical monitoring requirements. For those permits with analytical monitoring requirements, Part D - Monitoring, Controls, and Limitations for Permitted Discharges has been modified to reflect the change in monitoring strategy_ The qualitative monitoring strategy remains the same as the first term of the permit. Please note that the semi-annual qualitative monitoring is a requirem*cnt of the permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed v-,ith the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part 111, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Page 2 This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Aisha Lau at telephone number 919/733-5083 ext. 578. (AhWArtl�NED BY WILLIAM C. MILLS for Kerr T. Stevens cc: Mr. Roger O. Pfaff, EPA Fayetteviile Regional Office Stormwater and General Permits Unit Central Files Permit No. NCSOM56 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, DuPont Cedar Creek Site is hereby authorized to discharge stormwater from a facility located at DuPont Cedar Creek Site Cedar Creek Road Fayetteville Cumberland County to receiving waters designated as the Cape Fear River, a class C stream, in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, IV, V and VI hereof. This permit shall become effective April I, 2000. This permit and the authorization to discharge shall expire at midnight on March 31, 2005. Signed this day March 15, 2000. ORGN SIGNED BY W�C. for Kerr T. Stevens, Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000056 TABLE OF CONTENTS PART i INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Locatinn Map PART H MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART II] STANDARD CONDITIONS Section A: Compliance and Liability I. 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 I. individual Permit Expiration 2, Transfers 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5, Permit Actions Section C; Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4- Test Procedures 5. Representative Oulfall 6. Records Retention 7. Inspection and Entry Permit No. NCSOOW56 Section E: Reporting Requirements I. 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 Permit No. NCS000056 PART 1 INTRODUCTION SECTION A. INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. 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 individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page i of 2 Permit No, NCS000056 SECTION C: LOCATION NIAP F.1h" 1ju. Ch MA plant Part 1 Page 7 of 2 Permit No, NCSOCIO056 PART Il MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORM WATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately"drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate Storm sewer system, the name of the municipality and the ultimate receiving waters: and accurate latitude and longitude of the point(s) of discharge. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge- (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured with a Part II Page I of 5 Permit No. NCS000056 locking mechanism) and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be'uncontaminated by the material stored within the containment area. Records documenting the individual making, the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary, A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary, The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equiprrient 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 potentiai for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may rtotify 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 lime 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 3) to the Director that the changes have been made. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individuai(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. Part II Page 2 of 5 Permit No. NCS000056 Stormwater discharge characteristic monitoring as required in Part 11 of this permit shall be performed in addition to facility inspections. 9_ Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 4 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 4 analytical samplings in accordance with the schedule specified below in Table 2. Table 1. Analytical Monitoring Requirements Discharge Characteristics Units Measurement Fre uenc X Sample Type2 Sample LocatioO H Standard units Quarterly- 4" year Grab SDO Total Rainfal14 inches Quarterly- 4"' year Event Duration4 minutes Quarterly- 4" year Total Flow4 MG Quarterly- 4" year SDO Footnotes: I Measurement Frequency: Once per quarter during the 4`" year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfali status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total low• shall be either, (a) measured continuously. (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Part 11 Page 3 of 5 Permit No. NCS000056 Table 2 Nlonitorin g schedule Monitoring period Sample Number Start End Year 3 - I" quarter I April 1. 2003 June 30, 2003 Year 4 - 2"' quarter 2 Jul), 1, 2003 September 30, 2003 Year 4 - 3`d quarter 3 October 1, 2003 December 31. 2003 Year 4 - 4'' quarter 4 January 1, 2004 March 31. 2004 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 3. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Table 3. Qualitative Monitoring Requirements Discharge Characteristics Frequency Monitoring Locationl Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi-Annuai SDO Floatin Solids Semi -Annual SDO Sus ended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Footnotes: I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. Part 11 Page 4 of 5 Permit No. NCS000056 All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 4 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 4analytical samplings in accordance with the schedule specified in Table 2 (Part II, Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc l Sample yype2 Sample Location3 H standard Quarterly- 4" year Grab SDO Oil and Grease m I Quarterly- 4" year Grab SDO Total suspended Solids m I Quarterly- a year Grab SDO New Motor Oil Usa a allonslmonth Quarterly- 4" year Estimate - Total Flow4 MG Quarterly- 4" year Grab SDO Footnotes: I Measurement Frequency: Once per quarter during the 4" year of the permit term. A year is defined as the 12 month period beginning on the month and day of issuance of the Permit. See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 Total flow shall be; (a) measured continuously. (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious)'area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Part I1 Page 5 of 5 Permit No. NCS000056 PART Ill STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A. Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 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 Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall 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 122A 1(a)] Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: 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 $25,000. Penalties for Class 11 violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. Part III Page I of 8 Pages Permit No, NCS000056 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Part 1II, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, 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 individual 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 individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Part III Page 2 of 8 Pages Permit No. NCS000056 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 S: GENERAL CONDITIONS l . Individual 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 t251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit 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 permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified. All applications to be covered under this individual 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, Stale, Federal, or other public agency: by either a principal executive officer or ranking elected official. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field. superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Pages Permit No. NCS000056 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a, or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Individual Permit Modification, Revocation and Reissuance, or Termination The issuance of this individual permit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations 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. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with. the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and 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 Part III Page 4 of 8 Pages Permit No. NCS000056 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Samolin 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 RecordinQ Results For each measurement, sample, inspection or maintenance activity performed ar collected pursuant to the requirements of this individual 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; V. 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. Flog- 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 n 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 individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Part III Page 5 of 8 Pages Permit No. NCS000056 Rearesentative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Records Retention Visual monitoring shall be documented and records maintained at 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 individual 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_ InsDection and Entr 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 individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; c. Inspect at reasonable times any facilities. equipment (including monitoring and control equipment). practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Piles 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part Ill Page 6 of 8 Pages Permit No, NCS000056 3. Availability of f 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 143-215.68 or in Section 309 of the Federal Act. 4. Non-stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. 7. B >1 ass 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. Twent y-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. 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. Part I11 Page 7 of 8 Pages Permit No. NCS000056 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 Pages Permit No. NCSOOW56 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this 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 Individual Permit. PART VI DEFINITIONS Act See Clean Water Act. 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, waterline and fire hydrant tlushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 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. Parts IV, V and VI Page 1 of 5 Permit No. NCS000056 BBypas$ 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. Bull: 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. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Division or DW 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. 11. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored 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_ 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. Part VI Page 2 of 5 Pages Permit No. NCS000056 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. 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. 18, 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. 19, 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. 20. 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. 21 _ Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priority Chemical A chemical or chemical category which: a. is listed in 40 CFR 372.65 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, Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table II (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 I(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. Part VI Page 3 of 5 Pages Permit No. NCS000056 23. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 24. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA, fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 11T21) or section 102 of CERCLA (Ref: 4b 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 Activit 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. 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. Ten Year Design Storm 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. 30. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 31. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VI Page 4 of 5 Pages Permit No. NCS000056 32. 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. 33. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 34. 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. 35. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages a Polyester December 17, 1997 A. Preston Howard, Director State of North Carolina Department of Environment and Natural Resources Division of Environmental Management Water Quality Section Permits and Engineering Unit P. O. Box 29535 Raleigh, NC 27626-0535 Re: Ownership Change 1C1 Americas Inc., Fayetteville Site NPDES Permit Number # NCS000056 Dear Mr_ Howard: ck -±j 9 3r.,G a, 1a o- r�5,78 ICI Polyester Fayetteville Site PO Box 630 Cedar Creek Road Fayetteville North Carolina 28302 Telephone (910) 433-8200 �200�5 I r wJ M PLC 129 199 :tr'4 VEa Irv. OF W47E DIRECTOR'S OQFiCETY DEC 3 1 1997 jjl� Vvpk r tt� QUALITY SECTION! Effective January 1, 1998, the Melinar business of ICI Americas Inc. (ICIA), located in Fayetteville, North Carolina, is being purchased by E. I. du Pont de Nemours and Company ("DuPont"). At that time DuPont will assume NPDES permit responsibility, coverage and liability for the site. Upon completion of this transaction, the plant facilities will continue to be operated in the same manner, producing the same products as it has been under ICIA's ownership. A NPDES permit (NCS000056) was issued on September 26, 1994, to cover the stormwater discharges from the facility. No changes which would affect the stormwater runoff from the facility have orcurred since this permit was issued. It is therefore requested that the attached "Permit Name/Ownership Change Form" be processed and that the permit be modified to reflect the indicated change in ownership. As required in 15A NCAC 2H .0100, a check for the required fee ofV00.00 is enclosed_ Legal documentation of the transfer of ownership will be generated at closing and submitted to the North Carolina Department of Environment and Natural Resources upon receipt. A business unit of ICI Americas Inc. ICI Americas Inc., Fayetteville, N.C., Polyester Polymer Facilities are registered to 60 9002 Polyester A. Preston Howard, Director December 17, 1997 Page 2 1f you have additional questions concerning this request, please contact me at 910-433-8233. Sincerely, lHay M, 1werks Safety, Health, & Environmental Manager HMI/aja/NPDES.sam Enclosures cc: Mr. Steven Vozzo Mr. Dan Hazard Mr. Vincent D'ippolito Ms. Pam Meitner State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Govemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director WATER QUALITY SECTION PERMIT NAME/OWNERSHIP CHANGE FORM i. CURRENT PERMIT INFORMATION: Permit Number: NCS 0 0 0 0 5 6 1_ Permit holder's name: ICI Americas Inc 2. Permit's signing official's name and title: Wayne M . Hewitt _ (Person legally responsible for permit) Site Manaaer 3. Mailing address: P - 0 Box 63 0 State: North Carolina Zip Code: 28302 II. NEW OWNERINAME INFORMATION 1. This request for a name change is a result of: X a. Change in ownership of property/company b. Name change only c. Other (please explain): (Title) City: Fayetteville Phone: 910-433-8223 2. New owner's name (name to be put on permit): E • 1. du Pont de Nemours and Company 3. New owner's or signing official's name and title: Dan R - Hazard (Person legally responsible for permit) 4. Mailing address: P . 0. Box 630 State: North Carolina Site Manager Zip Code: 2 8 3 42 (Title) City: Fayetteville Phone: 910--433-8223 5TF NCD0001 F.1 PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED IITEMS: 1. This completed application 2. Processing fee of $100.00 (Checks to be made payable to DEHNR) 3. If an ownership change, legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE APPLICANT'S CERTIFICATION. Current Permittee's Certification: I, Dan R . Hazard , attest that this application for name/ownership change has been reviewed and is accurate and complete to the bet of my knowledge. I understand that if all required parts of this application are not completed and that i II quired su rting information and attachments are not included, this application package will be returned as incom Signature:__//1­�27_ f Date: November 26, 1997 Applicant's Certification: I, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed an that if all required support ng information d attachments are not included, this application package will be returned as i complette, p c� Signature: c �`�' take: THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Division of Environmental Management Water Quality Section Permits and Engineering Unit P.O. Box 29535 Raleigh, North Carolina 27626-0535 Telephone. (919) 733-0083 Fax: (919) 733-0719 STF NCD0001 F.2 ICI C 5 65 G 9366 ICIAmericas Inc. FAYETTEVILLE. NC 28302 66-49IS31 PAY 70 7HE ORDER OF' _,-J, DOLLARS TWO SIGNATURES REQUIRED OVER ER S 00.00 Wa bovia Bank of.North Cirolina. N.A. Wi ib.lim —sib I I!Itl, SC 2.102 FOR A) (OP DuPont January 9, 1998 A. Preston Howard, Director State of North Carolina Department of Environment and Natural Resources Division of Environmental Management Water Quality Section Permits and Engineering Unit R O. Box 29535 Raleigh, NC 27626-0535 Re: Ownership Change ICI Americas Inc., Fayetteville Site NPDES Permit Number # NCS000056 Dear Mr. Howard: DuPont 1 Cedar Creek Site C� PO Box 630 FayetteOIle, NC 28302 Tel. (910) 433-8200 DIV. OF VA i ER QUALITY DIRECTOR'S OFFICE On December 17, 1997, a notification of ownership change (Attachment A) was submitted which indicated that the ICI Americas Inc., Fayetteville site, was being aquired by E. 1, DuPont de Nemours and Company (DuPont) effective January 1, 1998. At the time of this notification, legal documentation of the transfer of ownership was not available. As documentation of ownership change, a copy of the "North Carolina Special Warrenty Deed" for this facility, showing DuPont as the "Grantee", is attached (Attachment B) . If additional information concerning this matter is required, please contact me at 910-433-8233. Sincerely, 4)v /�, . Harvey M. Iwerks Safety, Health, & Environmental Manager H M.Ilaj a/N P DE S Dee. sam Enclosures cc: Mr. Steven Vozzo Mr. Dan Hazard Mr. Vincent D'ippolito Ms. Pam Meitner P-283-728-077 E.I. du Pont de Nemours and Company Sf.gYe/,/' P, SEC-rj0/-iL 7Y E) Printed on Recycled Pape ATTACEIIYIENT A _ Polyester December 17, 1997 A. Preston Howard, Director State of North Carolina Department of Environment and Natural Resources Division of Environmental Management Water Quality Section Permits and Engineering Unit P. O. Box 29535 Raleigh, NC 27626-0535 Re: Ownership Change ICI Americas Inc., Fayetteville Site NPDES Permit Number # NCS000056 Dear Mr. Howard: ICI Polyester Fayetteville Site PO Box 630 Cedar Creek Road Fayetteville North Carolina 28302 Telephone (910) 433-8200 Effective January 1, 1998, the Melinar business of ICI Americas Inc. (ICIA), located in Fayetteville, North Carolina, is being purchased by E. I. du Pont de Nemours and Company ("DuPont"). At that time DuPont will assume NPDES permit responsibility, coverage and liability for the site. Upon completion of this transaction, the plant facilities will continue to be operated in the same manner, producing the same products as it has been under ICIA's ownership. A NPDES permit (NCS000456) was issued on September 26, 1994, to cover the stormwater discharges from the facility. No changes which would affect the stormwater runoff from the facility have occurred since this permit was issued. It is therefore requested that the attached "Permit Name/Ownership Change Form" be processed and that the permit be modified to reflect the indicated change in ownership. As required in 15A NCAC 2H .0100, a check for the required fee of $100.00 is enclosed. Legal documentation of the transfer of ownership will be generated at closing and submitted to the North Carolina Department of Environment and Natural Resources upon receipt. A business unit of ClIArti(jic;is inc- NO( �'�Tt: n 1 ICi 4rnericas Inc.. Faveaevilie, N C.. Polyester POlyrn,:r 58cil0ies are regislefC(1 10 ISO 9002 Polyester A. Preston Howard, Director December 17, 1997 Page 2 If you have additional questions concerning this request, please contact me at 910-433-8233. Sincerely, A-, IHa y M. Iwerks Safety, Health, & Environmental Manager HMIIaj& NPDES.sam Enclosures cc: Mr. Steven Vozzo Mr. Dan Hazard Mr. Vincent Uippolito Ms. Pam Meitner State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director WATER QUALITY SECTION PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NCS000056 1. Permit holder's name: ICI Americas Inc 2. Permit's signing official's name and title: Wayne M . Hewi t t (Person legally responsible for permit) Site Manager (Title) 3. Mailing address. P • 0. Box 630 State: North Carolina Zip Code: 28302 11. NEW OWNERINAME INFORMATION 1. This request for a name change is a result of: X a. Change in ownership of property/company b. Name change only _c. Other (please explain): City: Fayetteville Phone: 910-433-8223 2. New owner's name (name to be put on permit): E . I • du Pont de Nemours and Company 3. New owner's or signing official's name and title: Dan R . Ha z and (Person legally responsible for permit) Site Manacrer 4. Mailing address: P. O. Box 630 State: North Carolina Zip Code: 28302 (Title) City: Fayetteville Phone: 910-433-8223 SiF NCDOWiF 1 PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE, ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application 2. Processing fee of $100.00 (Checks to be made payable to DEHNR) 3. If an ownership change, legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE APPLICANT'S CERTIFICATION. Current Permittee's Certification: I, Dan R. Hazard and is accurate and con completed and that Al' returned as incom eG to the red sL , attest that this application for name/ownership change has been reviewed of my knowledge. I understand that if all required parts of this application are not ing information and attachments are not included, this application package will be Signature:_ A!Kr (� I Date: November 26, 1997 Applicant's Certification: I. , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed anp that if all required suachments are not included, this application package will be returned as i complefte. pport'ng information d attp Signature: � t./t-.. � � c Data THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Division of Environmental[ Management Water. Quality Section Permits and Engineering Unit P.O. Box 29535 Raleigh, North Carolina 27626-0535 Telephone: (919) 733-0083 Fax: (919) 733-0719 STF NM0001 f' 2 ICI Americas Inc. FAYETTEVILLE, NC 29302 9366 6849/531 o �s� PAY TO THE ORDER OF— $ VibDOLLARS —WICHOiI TWO SIGNATURES REQUIRED OVER $P00.00 Wachovia Bank of North Carolina, N.A. Winton -Salem, NC 27102 =Oq D IVQ�,Es ATTACHMENT B Excise Tax Recording, Time, Boole and Page . See Exhibit C Parcel Identifier No.: ................................... Verifiedby ......................................................... County on the ................. day of ....................... 19................ by........................................................................................................................................................................... Mail after recording to: Andrew Fossett, Esq., Davis Polk & Wardwell 4$0 Lexington Avenue New York, New York 10017 This instniment was prepared by - Andrew Fossett, Esq., Davis Polio & Wardwell, 450 Lexington Avenue, New York, New York 10011 Brief Description for the Index - NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED executed this . Ikhlay oFRNTJ97, by and between; GRANTOR ICI Chemicals Inc., a Delaware corporation c/o ICI Americas Inc. P.O. Box 630 Fayetteville, NC 28302 GRANTEE E.T. du Pont de NeMurs Griot: Canpnny a Delaware corporation 1007 Market Street Wilmington, DE 19898 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall Include singular, plural, masculine, feminine or neuter as required by context, WITNESSETH, that the Grantor, For a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee In fee simple, all that certain lot or parcel of land situated ht the City of Fayetteville, Cumberland County, North Carolina and more particularly described on Exhibit A attached hereto and made a par[ hereof. (NY) 102501225rRF.AU490Lna A map showing the above described property is recorded in Plat Book ................................ page ................. :.... TO 14AVE AND TO HOLD tho aforesaid lot or parcel of land and all privileges and appurtetiatices thereto belonging to the Grantee in fee simple. Arid the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend [lie title against the lawful claims of all persons claiming by, under or through Orantor, except for die exceptions hereinafter stated. Titio to the propeny hereinabove described is subject to the exceptions set forth on Exhibit B attached hereto and blade a part hereof. IN W CINCSS WHEREOF, [he grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be sighed in its Catporata name by Its duty auihorixed officers and its seal to be hereunto affixed by authority of its Boatd of Directors, the day and year first above written. (GRANTORI Ily ...G.L'......Presidctn ........................ In 10 Aties ►: ..................................................................... .(Seat) ...I.... -I......... ................ . I..."..........,.." ................. ........... (SC411) ..... ........... ............. I............... (Seal) .................................................. Secretary (Corporate Seal) ,.. ..................... ..,,.....,............................................. Cscal) SEAL -STAMP } faTMAWARC NEW Cdi3tke.............. Counry. z 1, a Notary Publ Ic of the County and Stale aforesaid, certify that D ................................... ......... ................ .............. ............. .... ....................................... Grantur, y� personally appeared before me this 4ay and acknowledged rho execution of the foregoing instrument. Witness my hand and official stamp or seal, this .......... day of ................................................. [9...,,. htycommission expires :.........................................„. ...................................... .,.Notary V3 Public n' SEAI •STAMP DELAWARE .....- t W..,.Q.40.k19..............County, f Pq f'raIr Oi, a Nataty Public of the Cou,rry and State aforesaid certify thai .......... . . .......... personally. Q camfj betitre, yyne this dayy an aekria dgcd that ,Ah$.. i. is ...................................... Sccrotury of 4. I`.t.S� .,.. „'1 and iliaf by authority duly given and as the act of the corporveian, ye the foregoing instrument was sl ►cd in its is,�!�e by fu ...,,,,,.,.1�..4,.,,,„.,,,,, President, sealed with Its L`+ Corporate send and anesicd by .carx- l:L�.b7i,!'tNG" Its ............................ secretary. w Wluiess my hand and official stamp or cal, this .11,. day of ...L/i.�4: s..er.............. 19 y p [.1I. A 1�L.2G�.tdotary M commission cx Ires:....... .. .. .............�.....,. ,. 9:1..,,,, .,........ Public The forrsoing Certifteatc(s) or Islaue cerrtfkd to be correct. This instrument and this certlneate are duty registered at the date and time and In the Book and Page shown on dw firsi page hereor. ....................... ................ .....'...,,...,.,...............,...,...,,......,......... .,. RCOISTEROF DEEDS FOR . ............... ....................................... COUNTY By...................... ..»....... ...... ,...................... I ...... ................. DepntylAvsistant Register of Deeds. DESCRIPTION OF PROPERTY All ofthat certain property located In Cumberland County, North Carolina and being more particularly described as follows; BEGINNING at a concrete monument, said monument being located South 120 50' East 1270.17 feet and South 68° 2Y East 783.30 feet from a point in the old southern right-of-wuy line of Noah Carolina Highway 53 (a 60 foot right-of-way), said point also being the northeast corner of the property now or formerly owned by G.L. Suggs; running thence from the point of BEGINNING South 21° 14' 30" West 719.0 feet to a concrete monument; thence South 680 45' 37' East 1,121.59 feet to an iron pin; thence North 44° ST 30" East 125.70 feet to tut iron pin; thence North 21° 19' Gast 598.25 feet to a concrete monument; thence North 68" 29' West 1,172.95 feet to the point and place of BEGINNING, containing 19.21 acres as shown on plat of survey entitled "Property of Monsanto North Carolina Incorporated," prepared by Rose & Purceil, Inc.; dated July, 1983, turd revised October, 1985; and being the same property conveyed to Carodel Corporation by deed originally recorded in Book 2634, Page 690, Cumberland 'County Registry, and corrected by deed rccorded is Book. 2634, Page 690 and further corrected by deed recorded In Book 2636, Page 439, Cumberland County Reglstry. (a) BEGINNING at a concrete monument, the Southwest comer of Tract I described above. and running thence with the southern line of Tract I South 68145' 37' East 1,121,59 feet ,.•.. to an iron pin; thence South 210 08' 23" West 460.0 feet to a concrete monument; thence North 68"45' 37" West 1,122.40 feet to a concrete monument; thence North 211114' 30" East 460.0 feet to a concrete monument, the point and place of BEGINNING containing 11.85 acres and being shown as Tract 2 on the aforesaid survey of Rose & f urceli, Inc., and being the First Tract of the property conveyad by Quitclaim Deed recorded in Book 2704, Page 757, Cumberland County Registry. (b) BEGINNING at a concrete monument, the southwest corner of Tract I described above, and being also the beginning point of the 11.85 acre tract described as Tract 11(s) above, and running thence along and with the western line of Tract II(a) South 21* 14' 30" Wcst 460.0 feet to a concrete monument, thence North 68045 3T' West 608.45 feet to a concrete monument in the eastern line of the property now or formerly owned by t7. L. Suggs; cunning thence with the eastern line of Suggs North 12° 50' 17ast'465.0 feet to n point; thence South 68° 45' 37" East 676.45 feet to a concrete monument, the point and place of BEGINNING, containing 6.78 acres and being shown as Tract 5 our Elio aforesaid survey of Rose & Purcall, Inc., and being the Second Tract of the property conveyed by Quitclaim Deed recorded in Book 2704, Page 757, Cumberland Country Registry, (n) BEGINNING at a concrete monument the southwest corner of Tract I described above, and being tciso the beginning point of the 11.95 acre tract described as Tract li(a) and the beginning point of the 6,78 acre tract described as Tract 11(b) above; and running thence along and with the Wastem fine of Tract I North 21" 14' 30" East 719.0 feet to a concrete monument, the northwestern comer of Tract I, thence North 68° 29' West 783,30 feet to a concrete monument in the eastern line of the property now or formerly owned by G. L, Suggs; thence along and with the eastern line of Suggs South 12" 5o' West 730,64 feet to a point; thence along and with the Northern line of Lot 5 referred to herein South 68' 45' 37" East 676.45 feet to a concrete monument, the point and place of BEGINNING, containing 12.07 acres and being referred to as Lot 6 on the aforesaid Survey, and being the Third Tract of the property conveyed by Quitclaim Deed recorded in Book 2704, Page 757, Cumberland County Registry. (d) TOGETHER WITH the non-exclusive easement for a roadway and all utility type services over, through and upon the following described 50 foot strip of land: BEGINNING at an iron pipe in the old souther right-of-way line of North Carolina Highway 53 (60 foot right-of-way), said iron pipe being the northeast corner of the property now or formerly owned by G. L, Suggs; and tuns thence with the eastern line of Suggs South 12' 50' West 1270.17 feet to a concrete monument; the northwest comer of the 12,07 acre tract described as Tract 11(c) above; thence with the northern line of Tract I1(c) South 68' 29' East 50.59 feet to a point; thence North 12' 5T East 1270,40 feet to a point in the old southern right-of-way line of North Carolina Highway 53 (a 60 lbot right- ofway); thence along and with the old souther right-of-way lien of North Carolina Highway 53 North 681 44'West 50,55 feet to the point and place of BEGINNING as shown on the aforesaid survey of Rose & Purcell, Inc. BEGINNING at a point located in the Norther edge of the Cape Fear River, said point being further located South 12' 50' West 4,294.59 feet from an iron pipe in the Old Southern right-ol'- way fine of North Carolina Highway 53 (a 60 foot right-of-way); and running thence from said point of BEGINNING North 129 50' East 141.08 feet to a point; thence South 77010' East 100.0 feet to a point; thence South 12* 50' West 76.72 feet to a point in the northern margin of the Cape Fear River; thence with said northern margin of the Cape Fear River South 70104' West 118.92 feet to the point and place of BEGINNING, containing 0.25 acres, as more clearly described on the aforesaid survey of Rose & Purcell, Inc.; and being the same property conveyed to Carodel Corporation by deed duly recorded in Book 2704, Page 763, Cumberland County Registry. TOGETHER with the non-exclusive right, easement and privilege of egress, ingress slid regress for pedestrian and vehicular travel over and upon and generally for a means of access to the lift station on the .25 acre tract desedbed above and the 6.78 acre tract of land described as Tract II(b) above, and to build, construct, lay, install, maintain and operate a water intake line 11•om the said sift station to the said 6.8 acre tract, to patrol, inspect, alter, repair and replace said water intake line and to have such rights and privileges as are necessary for the enjoyment of the rights and easement hereby granted. The said casement Is located on the tract of land described as follows; BEGINN NG at the northwest corner of the 0,25 acre tract above described, said point being in the western line of the property now or formerly owned by G. L. Suggs, and running thence with the said westem fine North 121, 50' East 1,687.70 feet to the southwest corner of the 6.78 acre tract described as Tract M(b) above (also shown as Lot 5 on the aforesaid survey of Rose & Purcell, Inc.); thence with the southern line of the said 6.78 acre tract South 681,45' 37" East 50.54 feet; then parallel to and 50 feet eastward at right angles from the first described line, South 12° 50' West 1,690.31 feet to a point in the northern line of the 0.25 acre tract above described; then with the northern line of said 0.25 acre tract North 770 10' west 50.0 feet to the point and place of BEGINNING. The non-exclusive right of hngress, egress and regress over and upon the existing paved roadway leading from North Carolina Highway 53 southwardly to the northem line of Tract I above and being described as follows: BEGINNING at the northwest corner of 19,21 acre tract of land described in Deed recorded inn Book 2732, Page 426, Cumberland County Registry (Tract I hereon), and running thence North 21" 14' 30" East 1259.35 feet to a point in the southern margin of cite old right of way of North Carolina Highway 53 (60-foot right of way); thence with the southern margin of North Carolina Histhwnv 51 Sewth 690 40' Fast 10.00 feet to a point; thence South 21 ° 14' 30" West 1259.34 feet to a point in the northern line of the said 19,21 acre tract; thence North 68129' West 30.00, febt to the point and place of BEGINNING, The non-exclusive right and casement for an underground electrical line fifteen (15) feet in width, under eu)d through the tract of land hereinafter described, together with the right to lay, install, maintain and operate an underground electrical line and the connection therewith, to patrol, inspect, Alter, improve, repair and replace any and all electrical lines and to have sucl1 rights and privileges as are necessary for the enjoyment of the rights and easement hereby granted. The said easement is under, through and across the following described tract of land. BEGINNING at a point in the northern line of Tract 1 described herein, and said beginning point being located North 68' 29' West 277.6 feet from a concrete monument, the northeast corer of Tract 1, and said beginning point having plant grid coordinates of S = 1261.64 mid R = 3076.11, and runs thence from said beginning point North 211 16' East 883.18 feet to a point, thence North 75° 38' East 109 foot to the electrical substation building. The right-of-way of this easement is 15 feat, and the boundaries are to be located 7.5 feet on each side of and parallel to the above described center line. The perpetual non-exclusive right, casement and privilege to build, construct, lay, install, maintain and operate a waste effluent line between southeast corner of Tract 1 described' herein and a point on the sough boundary near the Cape Fear River as hereinafter described and to patrol, inspect, alter, improve, repair and remove said waste effluent line and to have all rights and privileges necessary or convenient for the use and enjoyment of.this easement in, on, under, through and across a certain strip of land 20 feet wide described as follows: BEGINNING at a point in the southern line of Tract I described herein, said beginning point being also located North 68' 45' 37" West 10,0 feet from the southeast comer of Tract 1; and runs thence from said begimning point South 21' 08' 23" West 478.0 feet; thence South 69° 44' East 621.65 feet; thence South 40 46' East 273.51 feet, thence South 57157' East $34.54 feet; thence South 21' 39' West about 200.0 feet to the northern margin of the Cape pear River. The right-of- way of this easement is to be 20 feet and the boundaries are to be located 10 feet on each side of and parallel to the above described center line. The Aforesaid easement is appurtenant,to and nuns with Tract I described herein. EXHIBIT B PERMITTED EXCEPTIONS I . A lien for taxes for the year 1998, and subsequent years, not yet due and payable. 2. Restrictive covenants and easements filed for record in Book 2704, page 757 and Book 2704 page 763, Cumberland County Registry. 3. Rights of others entitled thereto in and to the access easement for the purpose of ingress and egress serving the Property. Agreement with Seaboard Coastline Railroad Company recorded in Book 2756, page 227, Cumberland County Registry. 5. Easements to Carolina Power and Light Company recorded in Book 333, page 574, Book . 333, page 580, Book 333, page 540, Book 679, page 228, Book 578, page 356, Book 817, page 438, Book 2473, page 359, and Book 2414, page 480; to Carolina Power and Light recorded in Book 1009, page 458, Cumberland County Registry. 6. Easement to the State Highway Commission recorded in Book 2391, page 269, Book 2391, page 271 and Book 2387, page 540, Cumberland County Registry. 7. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by a current and accurate survey and inspection of the Property. 8. Riparian rights of others in and to the use of the Cape Fear River and the unintemiptcd flow of the waters therein. 9. Exchange Plant Permit to Carolina Power & Telegraph Company, Inc., recorded in Book 702, page 580, Cumberland County Registry, 10. Deed of Easement to City of Fayetteville, State of North Carolina, recorded in Book 2632, page 789, Cumberland County Registry. It. Deed of Easement to Fiber Industries, Inc., recorded in Book 2811, page 95, Cumberland County Registry. 12. Certificate of Merger of Carodel Corporation into ICI Americas, Inc., recorded in Book 3894, page 606, Cumberland County Registry. TAX LOT NUMBERS 110.000/0000/0145/045.1/00 110,000/0000/0145/045.2/00 110.000/0000/0145/045.3/00 110. 000/0000/0145/045.4/00 110.000/0000/0145/045.5/00 EXHIBIT C IM, DuPont Legal Barley Mill Plaza Churchman Mill, Building 27 Wilmington, Delaware 19880-0027 Facsimile: 302/992-3449 FACSIMILE TRANSNIIr-rAL FORA DATE: t FAX NO.: al D .- 4 FROM. � �i /la r�� PHONE: TOTAL NUMBER OF PACES (INCLUDING COVER SHEET): IF RECEIVING LOCATION DOES Nar RECEIVE ALL PAGES, MEASE CALF: Nmne; Phone: '++ieCONFIDENi'IALITY NOTE-916 The documenO accompanying this tclecopy trnnsotission contain wrormation rrum IDuFow LEGAL which is confidential and/or legally privileged. The inforniatlim is intended wily for tltc um of tha individual or entity nenncd on Ibis transmission sheet. If ywu are rKK the inwitdad recipient, yew am hereby nutilled the any disclosure. onpyirg, distributioa or the taking of any action In rehanoe on the contents of this teleeupied information is strictly prohibited, and that the duwunnents should be retumad to DuPont LEOAL immediately. In this regard, iryou have received this tdlecopy in emir, please wiy us by tolephune Immediately so that we Can arrange for the return urine original documents w us at no goad 4) you. State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, ,Jr., P.E., Director September 26, 1994 Mr. Wayne M. Hewitt ICI Americas Inc. P.O. Box 630 Faycttcvillc, NC 28302 Subject: Permit No. NCS000056 1C1 Americas inc. Cumberland County Dear Mr. Hewitt. In accordance with your application for a storI2>watcr discharge permit received on October 1. 1992, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Mcniorandum of Agreement between North Carolina and the US Environmental Proiection agency dated December 6, 1981 if any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447, Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part 11, 13.2. addresses the rcquircmcnts to be followed in case of change in ownct'ship or control of this discharge. This permit does not affect the Icgal requirements to obtain other permits which may be required by the Division of EnvironmCtltal Management or permits required by the Division of Land Rcsourccs, Coastal Area Management Act or any other federal or Local oovernmemal permit that may be required. If you have any questions concerning this permit, plCaSC Contact Bill iMills at telephone number 919/733-5083. Sincerely Signed By Coleen H. Sullins A. Preston Floward, Jr, P_ E. cc: Mr. Jim Patrick, EPA Fayetteville Regional Officc P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733.7015 FAX 13.732 349C An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NCS0)00056 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMEN-r PERMTr r TO DISCI-IARGE STORMWATEIZ UNDER THE NATIONAL PQLLu-rANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General StatUtC 143-215.1, other 1aw1111 standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the l"ederal Water Pollution Control Act, as amended, ICI Americas, Inc. is hereby authorized to discharge stormwater from a facility located at Cedar Creek Road Fayetteville Cumberland County to receiving waters designated as Cape Fear River, a class C stream, in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, I1, III, and IV hereof. This permit shall become effective November 1, 1994. This permit and the authorization to discharge shall expire at midnight on October 31, 1999. Signed this day September 26, 1994. 0riginaf Signed By Coleen H. Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By the Aut1103-ity of the Environmental Management Commission Permit No. NCS000056 PERMR-FED AC"I'CVI"l'fES Until this permit expires or is modified or revoked, the perrnittec is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which lias been adequately treated and managed in accordance with the terms and conditions of this Permit. All discharges shall be in accordance with the attached schedules as follows: Part l: Monitoring, Controls, and Limitations for Permitted Discharges Part I1: Standard Conditions for NPI)ES Stormwater Permits Part III: Limitations Reopener Pant IV: Administering and Compliance Monitoring Fee Reyuircments Any other point source discharge to surface waters of the state is prohibited sinless covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree. Paoc 2 ' rvT'• 'r. Permit No. NCSOOQ056 PA R`C 1 ' MONITORING, CONTROLS, AND LIMITA`riONS FOR PERi ii`I"1"LD DISCHARGES ECTEON A: 17INAL LIMITATIONS AND CONTROLS FOR STORMWATE:R D[SCHAR During the period beginning on the effective, date of the permit MICI lasting until expiration, the Perrnittec: is autho6zed to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified below. 1. Stormwatc Pollution Prevention Plan The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This flan shall be considered public information in accordance with Part II, Standard Conditions, Section E.B. of this permit. The Plan shall include, at a minimum, the following items: a. 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 or stormwater discharges. The site plan shall contain the following: (1) A general location map (USGS quadrangle map or appropriately drat led equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving waters) to which ilia stormwater outfali(ss) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receivinLi waters-. and accurate latitude and Ion uitude of the point(s) of discharge. (2) A narrative description of storage practices, loading, and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map drawn to scale with the distance legend indicating location of indusuial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall. a nan-ativc description of the potential pollutants which could be expected to be present in the stormwater discharge. (4) A fist of significant spills or leaks of pollutants that have occurred at the facility clttring the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfilils have been evaluated for the pre ence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part I1, Standard Conditions, Section 13.9. Paste 4 Permit No. NCS000056 b. 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 stornwater, including structural and nonstruclLlral measures. The SLornlwatcr management plan, at a minimum, shall incorporate the following: (1) A study addressing the technical and economic feasibility ol' changing the methods 01'operations andki, storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the pernlitLec shall cover all storage areas, material handling operations, manufacLuring Or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liCluid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, and visible sheens. prior to release of the ac:cunlulatcd stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the- date and time of the rcica.Se Shall be kept for a period of five years. (3) A narrative description shall be provided of Best Management Practices (13NIPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential ofsources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitwing of SLOrillwater discharges. (4) Inspection schedules of stormwater conveyances and controls and pleasures to be Laken to limit or prevent erosion associated with the stormwater systems. Spill Prevention and Response Plan, The Spill Prevention and Response Plan shall incorporate a risk asscssmcnL of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runof 1_ tlll'otlgll Spills OF exposure of materials associated with the facility 01)CraLlonS. d. Preventative Maintenance and Good Housekeeping Program, A preventaLlvc maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant CClllipr11CnL ant! systems. Inspection of material handling areas and regular cicamm, schedules of these arc -Lis Shall he incorporated into the program. C. 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 pi-Cventaiive mallltenance activities for all personnel lnvoivcd in any of the feacility's Page 5 Permit No. NC:S000056 operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the Plan. f. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific poslt.jon(s) responsible for the overall coordination, development, inlplementation, and revision to the Plan. Responsibilities for all components of Lhe flan shall be documented and position(s) assignments provided. g. Plan Anlmendment. The peniiittee shall amend the Plan whenever there is a chatlgc in design, conSlrUclion, operation, or maintenance which has a significant Cf feel oil the potential for the discharge of IVILltantS to SUrlace waters. The SLornlwater Po11UtlUil Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittce 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 tame schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part II, Standard Conditions, Section B, #9) to the Director that the changes have been made. h, Facility Inspections. Inspections of the facility and all stormwaLcr systems shall occur at a minimum on a semiannual schedtjlc, once in the fall (September -November) and once during the spring (April - June). The inspection and any subsequent maintenance activities pci-fornled shall be documented, recording date, and time of inspection, individual(s) making the inspection and a narrative description of the facility's stolillwaLcr control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stonnwater Pollution Prevention Plan. Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility inspections. Implementation. Implemen€ation of the plan shall include documentation of all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BIVIPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon rcyuest. Page 6 Permit No. NCS000056 2, Minimtrrrn Morlitoritlg and „Reporting Requirements Minimum monitoring and reporting requirements are as follows unless othcrwise approved in writing by the Director of the Division of Environmental Management. a. If a facility has multiple discharge locations with substantially identical storlilwater discharges that are rewired to be sampled, the perrnittee may petition the Director tier representative outfall status. If it is established that the stormwater discharges are substantially identical and the pernimee is granted representative outfall status, then sampling rcquirements may be performed at a reduced number of outfalls. b. Visual monitoring for color, odor, solids. foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultanCOUSly with the first analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal. For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Part lI, Standard Conditions, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: (I) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color, foam, outfall staining, visible sheens, and dry weather flow are required, but analytical sampling shall not be required. (2) If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm (See Part 1I, Standard Conditions, Section A), the pond shall be considered a non-discharving stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms provided by the Director no later than January 31 for the previous year in which sampling was required to be performed. Analytical results from sampling during the final year of the pemlit terns shall be submitted with the permit renewal application. This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are- (1) All other discharges that are authorized by a non-stormwater NPDES I)et'mtt. (2) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant tlushin4s, water from footing drains, flows from riparian habitats and wetlands. (3) DtsehargeS rMilttng from fire -fighting. Pkt,c 7 Permit No. NCS000056 11' file storm event monitored and reported in accordance with this permit coincides with a non-stormwatcr discharge, the permittee shall separately monitor and report all parameters as required tinder the tion-stormwatcr discharge permit and provide this information with the storm Water discharge monitoring reporL. Specific stormwatcr Monitoring Requil-MC is The specific SLormwaler monitorin" I'egtlirCIIICnt3 includes visual 111011iLOrin" Of stormwatcr samples. Specific monitoring requirements are defined below. (1) Analytical Monitoring Stormwater Discharge Characteristics UniU yleasurcment Sample iXN2 Sample LocatLO I-1 standard units annually Grab SDO Total Rainfa114 inches ]-vent Duration4 minutes Total Flow4 MG SDO Footnotes: 1 Measurement Frequency: Once per year with samples taken during the sampling window of April through November. The facility must perfonll analytical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. 2 Sample Type: Defined in Part 11, Standard Conditions, Section A. 3 Sample Location: Samples to be taken at cacti stormwatcr discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event, (2) Cut -oft' Concentrations The arithmetic mean of all analytical sampling results collected dining the term ol'the permit shall he calculated fix each parameter and compared to the cut -of f' concentrations listed below. Ifs the arithmetic mean mens the spccitied cut-01'1' concentration condition for a given parameter, then the facility is not required Lo continue annual analytical monitoring for that parameter during the term of the permit unless a significant change in facility operations or configuration OCCut"S. if a CLIL-off concentration results In discontinued analytical mtlrliL©i'tng, the ptrmittC:C is required Lo maintain facility operations that CrISUr'C the COrltinUaLiOn of stormwatcr runoff quality. Pave 8 Pcrmll No. \rCS000056 The per111111CC must pel'form analytical sampling during t�1C 111'sl aflCl 1,1St year C}l Ills l}CI'ITllt tC[711 regardless ol'cuL-off concentration conditions. Analytical results from sampling during the final year of the permit Lel'111 must be submitted with the perillit re11CW,11 application. Stormwater Dichargc haracl ri 'li ' ut-OffConcentration 1-1 within ranee 6,0 - 9.0 Footnotes: 1 pH cannot be averaged due to the nature of the logariLhmic 111-1 scale. The most recent 1*1 sample result shall be used for cut -oft concentration Purposes. (3) Visual Monitoring Visual monitoring requires a qualitative visual inspection of each storillwater ouLltilI, regardless of representative outf'all status, for the PurposC of evaluating the effectiveness oi'tile Stormwater Pollution Prevention flan (SPPP) and assessing new sources of storillwater pollution. No analytical tests are required. Visual inonnoring of siotmwater outfalls does not need to be performed during a mpresentativc storm event. Stormwater Discharge Characteristics Fr c tic 1 Monitoring 'l' e`? Monitoring Location,� Color Semi -Annual Visual SDO Odor Scmi-Annual Visual SDO Clarity Semi -Annual Visual SDO Floating Solids Semi -Annual Visual SDO -Suspended Solids Scmi-Annual Visual SDO Foam Semi -Annual VisLial SDO Oil Sheen Scini-Annual Visual SDO Other obvious indicators of stormwater pollution Scmi-Annual Visual SDO Footnotes: 1 Frequency: The first visual monitoring event during rile terlll of the perrrlit IIILI t hC performed during the initial analytical monitoring event_ All Subsec'Iucnt visual monitoring will be performed twice per year, once ill the spring and once in the fali. 2 Monitoring Type: Visual monitoring requires a qualitative visual observation of each stormwater outfall. No analytical testing or sampling is required. 3 SanlpiC Location: SLdrtllwaLel' Discharoc OLltfall (SDO) PaeC 9 Permit No. NCS000056 (a) Analytical f\Monitoring Rccluirc.nlents for Vehicle Maintenance ACLivitiCsl Stormwater Discharge Characteristics ilia Measurcmcnt ('r I n 2 Sample -_IyYC?e Sample Lo 'a ion- 1-1 standard annually Grab SDO Oil and Grease 1110 annually Grab SDO Ncw Motor Oil Usage nallonS/Month annually alinlate SDO "rotas Flow4 i t\,TG annually Grab SDO Lead, Total Rccoverable5 u61 antlMilly Grab SDO Total Suspended Solids 111 r annual] , Grab SDO Detergents (MBAs)6 I11a a1111lfall Grab SDO Footnotes: I Stormwater discharges from any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over die calendar year shall be monitored by die permitLee as specified above. 2 MeaSUPGtllellt Frequency: Once per year with samples taken within the salllpltllg window of Aprd through November. 3 Sample Location: Samples to 'be taken at cacti stormwatcr discharge outfall (SDO) that discharges storniwatcr runoff from area(s) where vehicle maintenance aCtivILICS OCCUI-, 4 Total flow shall be; (a) measured continuously, (b) calculated based on the amounL of area draining to the outfall, the amount of built -upon (impervious) area, Lind the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total Precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. 5 Total recoverable lead monitoring is required only at facilities where fueling occurs. 6 Detergent monitoring is required only at facilities which conduct vehicle cleaning operations. (5) Cut -Off ConcenLrations for Vehicle Maintenance AcLivi[iC5 The arithmetic mean of all analytical sampling I-CSUILti collected during the terns of the permit shall be calculated I -or each parameter and compared to the c11t-01'1' cunccntrations listed below_ if the arithmetic mean meets the specified cut-ofl'concentiation condition for a given parameter, then die facility is not required to continue annual analytical monitoring for that parameter durino the term of the permit unless a significant change in facility operations or configuration occurs. if a cut-off coticcIILratioil results in discontinued analytical monitoring, the permittee is Pace 10 Permit No. NCS0100056 required to maintain facility operations that ensure the continuation ol'stormwatcr runoff quality. The pen-nittee mu t perform analytical sampling during the first and last yew• of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the Final year of the permit term must be submitted with the permit renewal application. haractcristic � Cut-off Conccntrati� -Stormwater-Discharge l-I 1 within range 6.0 - 9.0 Oil and Grease < 30 mg/1 Lcad, Total Recoverable [ 0.033 m ffl Total Suspended Solids [ 100 m Z 1 Detergents (MBAS) [ 0.50 mQ/l Footnotes: l pH cannot he averaged due to the nature of the logarithmic pH scale. '['he most recut pH sample result shall be used for cut-off concentration purposes. Pa�c I l Pernlit No. NCS000056 SE. TION B�- -KHEDULE OF COMPLIANCE The permittee shall comply with Final Limitations and Controls specified for stornlwater discharges in accordance with the following schedule: The Storntwatcr Pollution Prevention Plan shall be developed and intpleniented within 12 months of the eflcctivc date ol'this permit and updated thereafter on all annual basis. Secondary containment, as sl.)ccit'ied in Part I, Section A, 1. b. 2. of this permit, shall he accomplished within 12 months of the effective date of this petVit. 2. l ermittce shall at all times provide the oNration and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. paa:C 12 Individual Stormwater Page Al PART n STANDARD CONDITIONS FOR NPDES STORNIWATER PERMITS s The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Means shall be calculated according to the following definitions: a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 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 having a total storage capacity of greater than 1,320 gallons. REEL �.. �. The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. The rainfall runoff from or through any coal storage pile. Individual Stormwater Page A2 The Division of Environmental Management, Departrnent of Environment, Health and Natural Resources. WOj • The Director of the Division of Environmental Management, the permit issuing authority. 9. *E,QC The North Carolina Environmental Management Commission. Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 11. LMdfi1j A disposal facility or pan 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. Ali municipal separate storm sewers that are either: a. Located in an incorporated place with a population o€100,000 or more as determined by the Decennial Census by the Bureau of Census; or b. Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or c. Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. 13. Qverburden 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. The owner or operator issued a permit Any discernible, confined and discrete conveyance. including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, Individual Stormwater Page A3 container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. FIRWEPTIM A storm event that is between 0.2 and 0.8 inches of rainfall and which has a duration of greater than 3 hours and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 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_ H-PITITIRT41 A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. That meet at least one of the follov4ing criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 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 10104) 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. Individual Stormwater Page A4 21. 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 II71T) yr-section'107ofCERCUA (Ref: 40 CFR 302.4). The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt O ewe - GENIVOG 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. The term does not include discharges from facilities or activities excluded from the NPDES program. The following categories of facilities are considered to be engaging in "industrial activity": a. Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N Pans 400 - 471 (except facilities which are exempted under (k) of this definition); b. Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373; c. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434,11(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator, d. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; e. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are, subject to regulation under Subtitle D of RCRA; Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093; Individual Stormwater Page A5 g . Steam electric power generating facilities, including coal handling sites; h. Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area which are not part of a larger common plan of development or sale; k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25. (and which are not otherwise included within (a)-0) of this definition). For the categories of industries identified in (a) through Q) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater, For the categories of industries identified in (k), the term includes only stormwater discharges from all areas listed in the previous sentence (except access roads) where materia) handling equipment or activities, raw material, intermediate products, final products, waste material, by-products, or industrial machinery are exposed to stormwater. Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The terra excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Individual Stormwater Page A6 Industrial facilities (including industrial facilities that are Federally or municipally o,Amed or operated that meet the description of the facilities listed in (a)-(k)) include those facilities designated under 40 CFR 122.26(a)(1)(v). MINOMi Ji L 014 The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. 25. Total EQw The flow corresponding to the time period over which the sample collection occurs. The total flow 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. Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act 27. Types of Sample$ a. Grab samples are individual samples collected instantaneously. Grab samples that will be directly analyzed or visually monitored must be taken within the first 30 minutes of discharge. Grab samples for compositing purposes must be collected at no greater than 20 minute intervals. b. Composite Sample: a composite sample shall mean: (1) A flow -weighted composite sample, which is a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge at the time the sample is collected; or (2) A time -weighted composite sample, which is a mixture of equal volume aliquots collected at a constant interval of time. A composite sample can be obtained from the collection of a series of grab samples, taken at intervals of no greater than 20 minutes for the entire storm event or the first three hours of the storm event. The grab sample to be composited must be of no less than 100 milliliters. u- IRXIM . - Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. • -• me M 07. 9 Or Solid particulate matter, both mineral and organic, that has been or is being transported by water; air, -gravity;•orimfrom-its siceof origin which can be seen with the unaided eye. Individual Stormwater Page A7 30. Waste Pile Any non -containerized accumulation of solid, non -flowing wash that is used for treatment or storage. �•1141619WAY4411 The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Individual Stormwater Page A8 The perminee must- comply with all conditions -of this permit Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed S25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of S2,500 to S25,000 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 S 10,000 per violation with the maximum amount not to exceed S125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] c. Under state law, a daily civil penalty of not more than ten thousand dollars (S 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: Forth Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class U violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class H penalty not to exceed S 125,000. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. Except as provided in permit conditions on "Bypassing" (Part II, CA), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permhw is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Individual Stormwater Page A9 Nothing in this 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. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. P -1. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, not 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. 6. Severahility The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this permit. 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 such information, 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. ` . l e \ : - -111123611311P All applications, reports, or information submitted to the Director shall be signed and certified. a. All applications shall be signed as follows: p} 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 Individual Stormwater Page Al0 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 exceeding25 mithon-(in second•quarter 19800 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 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. 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." The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the 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. Individual Stormwater Page Al l This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permince only when the operation is necessary to achieve compliance with the conditions of the permit. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit_ a. Definitions (1) "Bypass" means the known diversion of stormwater from any portion of a stormu-ater control facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "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. b. Bypass Not Exceeding Limitations. The perminee may allow any bypass to occur which does not cause limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. e . Notice (i) Anticipated bypass. If the perminee 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. Individual Stormwater Page Al2 (2) Unanticipated bypass. The permirtee shall submit notice within 24 hours of an unanticipated bypass as required in Part II, E. 5. of this permit. (24- hour notice). d. Prohibition of Bypass Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (2) 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 orgy 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 (3) The permihee submitted notices as required under Paragraph c. of this section. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. of this section. 4. Unjets Definition "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. b. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. C. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that` . (1) An upset .occurred and that the permittee can identify the cause(s) of the upset; Individual Stormwater Page A13 (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. S. (b) (B) of this permit. (4) The permittee complied with any remedial measures required tinder Part H, A. 2. of this permit. d. Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6A a 1010 bins ma Its) r d59 Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. 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 shall not be changed without notification to and approval of the Director. Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientTic practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCCS 143-2L5.63 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 permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved Individual Stormwater Page A14 methods are determined capable of achieving minimum detection and reporting levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. "EMEN- MI. MTHOMMONT-M, MO. 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 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. a E� 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, copies of all reports required by this 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. For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this 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; The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and The results of such analyses. The permit= 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; Individual Stormwater Page A15 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 permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c . Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permuted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to noZiica6on requirements under 40 CFR Pan 122.42 (a) (1). The permince shall give advance nonce to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the permit requirements. 3. Transfers This 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 permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Monitoring results shall be reported at the intervals specified elsewhere in this permit. 5. w .four Hour RgportinY a. The permittee snail report to the central office or the appropriate regional office any noncompliance which may endanger health or the enviranment Any information shall be provided orally within 24 hours from the time the penmittee became aware Individual Stormwater Page A 16 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 it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. The permittee shall report all instances of noncompliance not reported under Pan U. E. 4. and 5. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 5. of this permit. Where the permittee becomes aware that it failed to submit any relevant facts in a notice of intent to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. FaMMIMM • .' 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 Environmental Management_ As required by the Act, effluent 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 Acs. 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 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. Individual Storrnwater Page A17 PART iII LIMITATIOtiS REOPEhER This 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 permit; or b. controls any pollutant not limited in the. permit The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PART IV AD'ii\ISTERI\G AND COMPLIANCE MONITORING FEE REQUIREMENTS The perminee 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 �x-ith 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit_ dj tt 5� 1 O N •11� � ' I � �if t r 0 SOURCE: NCGS DRG o CEDAR CREEK, NC (034078H7) DATED 1986 SCALE: 1" = 2000' DATE: BY: o JULY 2008 fl DRAWN BY: BTR *S&ME v PROJECT NO: 1054-05-001 C WWW.SMEINC.COM 0 GRAPHIC SCALE 1000 0 300 1000 2000 ( IN FEET A-1120 FIGURE NO. VICINITY MAP DUPONT TEIJIN FILM FAYETTEVILLE, NORTH CAROLINA m 1L 5.\4RD.AC I9\7D0h\09 W1 U,pwi W4 , 1-11.\CAD\81090Cw9. 91090, 2/Y/2DD9 3:0/'41 PM. } 4 I ! r AO 1, i gi 1 - 1 E ,. r771 a . r m' m ■ h, m tl ■ m m z 2 �x A �y e� a fU17 y m CI () n En m Fti .ar.t um PERVIOUS f IMPERVIOUS AREA MAP *SME 1" ■ 120 JULY2Q09 W g r�D.aar MAwec onwrwev: 10544)60p1C BTR DUPONTIEWW RLMS WWW.SMEINC-COM oMwmmulaw a�wmrr FAYETTEVILLE,NORTH CAROLINA 0-1000 NCS000056 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO IISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION In compliance with the provisions of North Carolin standards and regulations pra3iiulpted and adol)(ed Management Commission, and the Federal Water_P, DuPont T Si ttit.c 143-215.1, other lawful rth Carolina Environmental ontroi Act, as amended, US L.L.P. is hereby authoriied"tb-di-�-d- rge t rmwater from a facility located at 1)dPont Teijin Films, Cedar Creek Sitc A--- 322D Cedar Creek Road Fayetteville, NC ,w Cumberland County to receiving waters designated as a UT to the Cape Fear River, a class C stream in the Cape Fear River Basin, in accordance with the discharge limitations. monitoring requirements, and other conditions set forth in Parts 1, IT, T11, TV, V and V1 hereof. Note. Droji Period Dales are AI)prfl.\'imale: This permit shall become effective April 1, 2009. This permit and the authorization to discharge shall expire at midnight on March 31, 2014. Signed this clay March 20, 2009. j6r Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission r PART Section A: Section B: Section C: PART II Section A: Section B: SCC601r C: Section D: PART U1 TABLE OF CONTENTS INTRODUCTION hidividual Permit Coverage Permitted Activities Location N MONITORIN, DISCHARGE Stornlwate Analytien] Qual i tativ( On -Site V( Permit No. NCS000056 PERMITTED STANDARD CONDTT IONS FOR NPDES STORMWATER TNDTVTDUAL 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 Hazardollti Substance Liability (. Property Righls 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers Permit No. NCS000056 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reis'suance, or Termination 5. Permit ACtionti Section C: Operation and Maintenance of Pollution Controls, 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 W 2. Recording Results =— 3. Flaw Measurements—=. 4. Test Procedures = ` 5. Representative WWIII- - 6. Records Wetei i;oii 7. Inspection.an� try= Section E: Reporting Rc uireme is I . Disarbe=lGlonitorinb Reports 2. Suhmla Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Chanaes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPt:NI R PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS it Permit No. NCSttixx156 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to dischat';,ye stormwater• associated with industrial activity. Such discharges shall be controlled, liwited and monitored as specified ill this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Excision from NPDES stormwater discharge permit requirements. Any owner or operator wishin qZ) obtain a No Exposure Certification must submit a No Exposure CertificationtNOI(Wfmi to the Division; must receive approval by the Division; must maintain no exposure-condttion.s=mess authorized to discharge Under a valid NPDES stormwater permit; and must re_ p y for the No Exposure Exclusion once every five (5) years. e' SECTION Li: PERMITTED ACTIVI Until this permit expires or is n16dificd bf'�iCvokbd: the pernlittee is authorized to disehar,,c stormwater to the surface waters of=Nort11>Carolinai or separate storm sewer System that has been .",,,w- adequately treated and managed iwacM-daiTe with the terms and conditions of this individual permit. All stormwater discharges shall',be in accordance with the conditions of this permit. Any other point source disch I-e-to surface waters of the state is prohibited unless it is an allowable non-stormwater disclaqze or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with atty other applicable federal, state, or local law, rule, standard, ordinance. order, judgment, or decree. Part T Pmle ] of 2 Permit No. NCSOOOD56 SECTION C: LOCATION MAP EW—Eli SOMME�saVe.+ .� x. -......,� � �, per-,�� ,,,�}^z, a � 1 -^Ty^•c•,.? � -.�.. 'Gam .of i rise 3� F i y.._._.'.."Y�..- Yt ,',+=�-..�_ — -ram'--. •. ....�_..— ., f .r I,P.,i__.i{� 2 � - �s,�'�E _ _ ��: �'",; sr ��� ' -• � [ - • �%% - _ I r �'c gym., `,�,� j -i�i tn! 'T�" '`� 11 d �; ems"' s' �•" 5.1- •�-r m...- '� ' c�-.`-'� `•��_'''-1•— .',.� �V _ _ � � -� " _ ice•' � f1s @,' DuPont TOfin Films l • ���� � _ _ a �' �� {ice �_ � � ���y. `I '° ��•'i:_` � iyw® -�. - �.- .717'y8;by�R �y�. � •q� J.�'r�. - � iv F, :l. ��� 1 a .�' � l •;- ._.sue Sr y� � _ .`�,�r�_ ..,,.?,.q5 H } �, Lt PS Sim a r —_ '• -'� _ + ems.. o _•;� ~ t ti �. i r�� j ,,,s � �, a ,F• � �' � i.e. \•'�• ' � , ' - NCGO00056 DuPont Teijin Films v LatitUde: 340 59' 31.03" N �E • 4 t. Longitude: 73"47' 45,06111 %M 5 Rer: Aving Stream, Fear River Stream Class: i_ map scale, ,,13,71a sub-bssM: 3.0-61-0:, (Cape F-ar Riv':r Basin) Facility Loration Part I Page 2 nt' 2 Pci'mi, No. NCS000056 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWA'.rER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. '!'his 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-4li physical facility and the 4t- —% potential pollutant. SOUrces which may be expected to�l:OntribL1atQ COntallllnatiOn Of stormwater discharges. The site plan shall contaitythe fol[owing: (a) A general location map (USGS quadfligle m�lp or appropriately drafted equivalent map). showing the facility's-locatirnl in relation to transportation "� routes and surface waters, the name ofthe receiving water(s) to which t:he stormwater outfall(s) discharges, or if th discharge is to a municipal separate storm sewer system. the name of the -municipality and the ultimate receiving waters, and accuflte.1 atitude and -longitude of the point(s) of discharge. The General location neap (or alternatively the site map) shall identify whether each receiving water is'in pa>Ired (oil the state's 303(d) list of impaired waters) or is located in a watersliedrf4r which a TMDL has been established, and what the paramcter(s},of concern are. North Carolinass_lQ3rd) List can be found here: http:/Ih2o.e r. t to.nc.tis/tmdl/Ceneral_303d.btiii#Downloads North Carolina TMDL dOCUrnents can be found here: http://h2o.enr.state.nc.Lis`/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) showing: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, incustrial activity areas (including storage of inaterials, disposal areas, process areas, loading and Ullloading 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 neap 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. Para II Pale 1 410 Permit info. NCS000056 (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 Port III, Standard Conditions, Section B, Paragraph 5. The pertnittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. stormwater Management Plan. The stormwater n]anagcnlent plan shall contain it narrative description of the materials nlanagenlent practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a nlinimunl, shall incorporate the following: (a) feasibility Study. A review of the technical=a'ndeconomic feasibility of changing the methods of operations and/or storage=piactices=to-elimiDate or reduce exposure of materials and processes to stormwater VWherever practical, the pernlittee shall prevent exposure of all storage areas, —=material handling operations, and manufacturing or fueling operationsJU Harcawhere clinlination of exposure is not practical, the stormwater malagetllenl plan shrill document the feasibility of 05 diverting the stormwater runoff awayfffom areas of potential contamination. (b) Secondary Contik ne equ�nlents and Records. Secondary containment is required for: bulk.storage.of-ltqutd Materials; storage in airy anlourlt of Section 313 of Title M cif the Su�fund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances. ill order to prevent-lcak.seand spills from contaminating stormwater runoff, A table or summary af=allitch 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 it 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 rcleased if found to be UI1CO11taminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A 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 pollutant% 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. Part I Purge 2 of 10 Pcrinit No. NCSt1t)t1 56 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 HousekeephigIP-r—- A preventative maintenance and good housekeeping progran�t sha71 be devvee p ed. The program shall list all stormwater control systems, stormwater disc ge�outfalls, a]I on -site and adjacent surface waters and wetlands. industrial activity{areas (including material storage areas, material handling areas, disposal areas. processfdreas, loading and unloading areas, and haul roads), Al drainage features and stITCt:u es 1d existing structural BMPs. The program shall establish schedules ofnspFctions, maintenance, and housekeeping A 4- - activities of stormwater cc�ntrol,tijst,as�well as facility equipment, facility areas. and facility systems that presen .a potentialfor• stormwater exposure or stormwater pollution. Inspection of material hand IJiig=areasyancl regular cleaning schedules of these areas shall be incorporated into therprogranTitnely compliance with the established schedules for inspections. nlaiuterla-'C. and housekeeping shall be recorded in writing and maintained ill the SPPP. 5. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. b. Responsible Party. The Storinwater 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 Plait shall be documented and position assignments provided. 7. Platt 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 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 Part IT Pac-e 3 of 10 Permit No. NCS000056 effectiveness of the BMPs listed in the BMP Summary of the Stonnwater Management Plan. The Iirector 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 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 halfW--tlic year (January to June), and once during the second half (July to December), wi(}i at Ieas60`days separating inspection dates {unless performed more frequently than sellii-annually) These facility inspections are different from, and in addition to, the storniwater_discharge characteristic monitoring required in Part 11 B and C of this permit. .gE Implementation. The permittee shall, implement -We Plan. Implementation of the Plan shall include documentation of all activities, and training pro��ided tc of actions taken to inlpleirrenoBM vehicle maintenance activities�St five years and made available to tl immediately upon request. ollitU.. = ;'illeasureillents, inspections, maintenance riployees, including the lob; of the sampling data and associated with the iildUstrial activities, including t-dbcumentation shall be kept on -site for a period of Director or the Director's authorized representative Permit No. NCSOO(X)56 SECTION R: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed daring a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). A representative storm event is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has nCCUUCCI. 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 producingta discharge begins again within the next 10 hours. AF [Note: Revise Parameters ire Tables I & 21 Table 1. Analytical Monitoring Re uiremeiits, -: r;Discl�,arge =- r yiVeasut ement FreuencyJ—, 'Sample: Sanit)W73 _ ., Units f3CUD l�it;IL,, y semi-annual Grab SDO COD irlL semi-annual Grab SDO Oil Lind Grease .gym / semi-annual Grab SDO III standttll f semi-annual Grab SDO Total l2ainfalf� 'kt.inehs semi-annual stain Gauge - Footnotes: I Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the pet mittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will he considered font renewal application. The applicant must continue semi-annual monitoring until the renewal perraiii is issued. Sec Table 2 for schedule of monitoring periods through the end of this pei•mittiatb cycle. 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 clischarge. 3 Sample Location; Samples shall he collected at each stormwater discharge outfall (SDO) unless representative r.iutfull status has been grarucd. `l For each sampled representative storm event the total precipitation trust be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part IT Page 5 of 10 Permit No. NCS000056 The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring; has been instituted under a Tier Two response. Table 2. Monitoring Schedule :TMoriitoring p eriod�''' _ Saniple'Nup>I W r t� =Sta = E d' 1- year I —Period 1 1.. April 1, 2009 Sepictttbcr 31, 2009 Year I — Period 2 2 October 1, 2009 March 31, 2010 Year 2 -- Period 1 3 April 1 2010 � September 31, 2010 Year 2 — Period 2 4 060�ber=1, 2QrQ-hr;-f:r March 31, 20.11 Year 3 — Period 1 5 Aprii=l , 2011 September 31.2011 Year 3 — Period 2 6 October=l 201 1 March 31, 2012 Year 4 — Period I 7 , Aril 1 ?012 September 31. 2012 Year 4 — Period 2 8 lgOct er 1, 2012 March 31, 2013 Year 5 — Period 1 9 $ril 1. 2013 September 31, 2013 Year 5 — Period 2 10`October 1, 2{} 13 March :31, 2(} 14 Foouuites; I Maintain semi-arusual 11101140611 d_u1?ir} pZl'nlit I,erlewll process. The applicant must ccmtiiwtl semi-annual nlonitnl'ing until the renewed permit is issuee" VILF 2 11' no discharge occurs during tine sanlplingrperiod, the permittee must suhmil a nuonitoring report indicating "No Rlnw' within 30 days of the endl:of theessix``nlonth sampling period. The permittee shall report the analytical results from the first sample with valid results within the monitoring period. The pennittee shall compare monitoring results to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be: used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). 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 sAisch raesClaractem >Istmcs_Unitsj_� " " — B ne chmnariz . - BOD 30 COD n,g/L, 120 Oil and Grease 30 PH standard 6-9 Part I Page 6 of 10 Pennit No. NCS000056 If: The fit;st valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfal l; 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 benchrnarlc valve exceedence. 3. Identify potential, and select the specific: source co. operational controls, or physical improvements to reduce concentrations�qt"tWc liarameters of concerti, or to bring concentrations to within the bCilcl1111ar11"�t'ivag? 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a�-T cr.Onc.response ill the Stormwater Pollution Prevention Flan. benchmark exceedence, the inspection elate, the personnel Include the dle ata gild value of[he.. conducting the inspection, the Select actiom, and the date the selected actions were ff implemented- ki If: During the terns of this permit. the first valid sampling results are above the benchmark values, or outside of the benchmark range. for any specific parameter at a specific discharge outfall two times in a row (consecutive); Part 11 Page 7 of 10 Permit No. NCS(to0056 Then: The permittee shall: l . 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 tramples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for all parameters at that itutfall. 3. If no discharge occurs during the sampling period, the permittee 1, required to submit a monthly monitoring report indicating "'No Flow." 4. Maintain it record of the Tier Two response in the Stormwater Pollution Prevention Platt. During the term of this permit, if the valid Sampling weults required for the permit 11lonitot ing periods exceed the benchmark value, ot_arc.outsidc the benchmark range, for any specific parameter at any specific outfall oi,na AR-ian four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writinr _ in .i(1 days of receipt of the fourth analytical results. DWQ may, but is not limited to,:' ; require that the permittee increase or decrease the monitoring Frequency for the remainder of the permit, o require the permittee to install structural s(ormwater controls; require the permittee to implement ether stormwater control meaSures; or require that the permittee implement site modifications to qualify for the No Exposure Exclusion. This site discharges to impaired waters experiencing problems in that area with pl-I and Chlorophyll a. If a Total Maximum Daily Load (TMDL) is approved for this segment of The Cape Fear River. the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality: The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) . of concern to the; maximum extent practicable. If additional BMPs are needed to achieve the requited level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Preve flti011 Plan. SECTION C: QUALITATIVE MONITORING REQUIREMENTS Part I I Pne 8 of 10 Permit No, NCS000056 Qualitative monitoring requires it 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. [if analytical monitoring is not required, the permittee still must conduct semi- annual qualitative monitoring.] Qualitative monitoring is for (lie purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater P0111.1ti011. In the event an atypical condition is noted at it stormwater discharge outfall, the permittee shall dOCtn33etlt the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring Requirements 16, /101 Discharge Characteristics Frequencyt�'_Mon>Ltoiing w�. g wn n Sr Ay r .... _�.u� H --•. eT r .far F'°W i a J � � �..� �, ���� ocatiou!,k.p,k�i Color semi-annual -eSDO Odor semi-annual SDO Clarit 'e annu,air 4 F SDO Floating Solids Z�q semi-annual SDO Suspended Solids ff /'semi- aitnttal r SDO Foamseiti anil+ SDO Oil Sheen W seriliEdrinUal SDO Erosion or deposition at the = scrni-annual 1•l SDO n S Ill , Other obvious indicators ''� semi-annual SDO of stormwater P )II1.10011 Footnotes: l Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. if at the end of this pernutting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the.submittal deadline, the permittee will be considered for a rcucwal application. The applicant must continue scrni-annual 1170nit0ring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of rcprescntative outfall slatus. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 val lops of new motor oil per month when averawed over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas.. and in accordance with (he schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storn3 event. Part I Paee 9 of 10 Permit No. NCS000056 Table S. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Dist har a CharacEeiristtcS, - � ilrtit5 Mes�seiretrte t _ `s. Santple -- T is ;-, Sarittple _ _ - T tiocaNtin3° H standard semi-annual Grab SDO Oil and Grease mg/1 semi-annual Grab SDO Total Suspendcd Solids 111 /1 semi-annual Grab SIX) 'ibtal Ralnfa114 inches Semi-annual Rain gaL1,0,C New Motor Oil Usagegallons/month 1 semi-annual Estimate Footnotes: Measurement Frequency: Twice per year during; a representativz.storm_everrt, for each year until either another permit is issued for this facility or until this permit is revoked resciiid6d =If at the end of this permuting? cycle the permitice has submitted the approprialc paperwork fora encwal perii1$ rrf6i rc tho submittal deadline, the permittec will be considered fora renewal application. The applicant must continue semi-annual uyoiiitoring until the renewed permit is issued. See Table 2 for schedule of monito'rin eriods through the end of this permitting t t;P 6 I t- cycle. 4 � M 2 If the storntwater runoff is controlled by a pond shall be collected within the first 30 3 Sample Location: Samples shill be`c storntwater rttnot'i't't-om area(s) where 4 For each sampled representative sCorm evetitith gauge reading must be recorded i=pond a grab sample of the discharge from the from the pond. water discharge outti111 (Sian) that discharges activities occur. precipitation must be recorded. An on -site or local rain Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6-are not permit limits but Should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part 11 Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Mon' Dis, barge. C Units - ° .:= Benc,hmark 4 - t F pH standard 6-9 Oil and Grease nng/L 30 Total Suspended Solids mg/L 100 Part I I Page 10 of 10 Loring Permil No. NCS000056 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERINTITS SECTION A: COMPLIANCE AND LIABILITY CUITIPHORCC Schedule The pernnittec shall comply with Limitations and Controls specified for stormwatcr discharges in accordance with the following schcdulc: 1✓xisting facilities alread}' operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of tile - Initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A. Paragraph 2(b) of this permit" shall be accomplisheMvithiii 12 months of the effective date of the initial permit issuance. " New Facilities applying for coverage for the first time arid°extstnrng facilities previously permitted and applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from:the opefdtion of the industrial activity and be Nt-4-gr updated thereafter on -,ill annual basis. Secondar'yfConn tarucnt,-as spccificd in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished pi io to the begunning of discharges from the operation of the industrial activity. fir 19 Duty to Cnmply � The permittee must comply wrth.all ndittons of this individual permit. Any permit noncompliance constitutes a violation of the CleanAct and is grounds for enforcement action.. for permit termination, revocation andT issuace nroruodification: or denial of a permit upon renewal application. r a. The perrniltee shall -comply with standards or prohibitions estate€ished under section 307(a) of the -fl„ W~ k Clean Water Act fnri�t(nxrc polltuants within the time provided in the regulations that establish these standards or prohibitions, even Ville permit has riot yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit .condition is subject to a civil penalty not to exceed $25,0.00 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of ,$2,500 to 25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of y5,000 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 anurunt not to exceed S125.000, [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] Under slate law, a daily civil penalty of not more than ten thousand dollars ($10.000) per violation may be assessed ugainsl tiny person who violates or fails to act ill accordance Willi the leans. conditions, or rCcluirerrlenls of a permit. [Ref: NC General Statutes 143-215.6A]. cf. 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, orally permit condition or limitation implementing any Of surh sections in a permit issued under section 402 of the Act. Administrative penalties for Class f violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed Part I II Pate 1 of 8 Permit No. NCS000056 $10,000 pet' clay for each clay during which the violation continues, with the nlalximaIln tursuu»t of any Class I I penally not to exceed $125.000. Duty to Mitieate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting; human health or the enviroll ment. Civil and Criminal Liahilit Except as provided 1❑ hart 111, Section C of this permit regarding bypassing of Storinwater control lacrhlics, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities. liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3; 143-215.6A. 143-215.613. 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for conscqucntial damages, Such as fish kills, even though thc:resp risibility for cffectivc compliance may tic temporarily suspended. ff 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed -to preclude_the instill.16011 of any legal action or relieve -;...: -7 the permiuee from any responsibilities, liabilities, or penalnec to which the permittee is or may be subject to under NCGS 143-215.75 et sect. or Section 3J1 of the i edema 1 Act, 33 USC 1321. 6. Propci-ty Ri 0hts_ The iSSuarlec of this individual pc r tW"does"not convey ,lily property rights in either real or personal property. or .any exclusive privilege lr�does it authorize ally injury to private property or any invasion of personal rights. not- ally infringcnient elf Federal. State or local laws or regulations. 7. Severability The provisions of this individual permit are severahle, and ifany provision of this individual permit, or the - application of any provision of this individual permit to any circumstances, is held 'invalid, the , mlicatioil of such provision to other circumstances, and the remainder of this individual perni t, shall not be affected thereby. K. 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, revokiing and reissuing, or terminating the permit issued pursuant to this individual perniit or to determine compliance with this individual perniit. The permittee shall also furnish to the Director upon request, copies ol' records required to be kept by this individual perniit. Penalties for "Pampering The Clean Water Act provides that any persr,n who fllsifies, tampers with, or knowingly renders inaccurate, !Illy rnamitoring device or method required to he maintained under this individual permit shall, upam conviction, he punislied by a tine of not moue than $10,0(.)0 per violation, or by imprisonment for riot nrroi•e than two years per violation, or by bush. If a conviction[ of a person is for a violation conimiltcd after a first conviction of such person under this paragraph. punishment is a fine of not snore that $20,000 per day o1' violation, or by imprisonment of not more than 4 years, or both. Part I l l Pagc 2 of S Permit No. NCSO(M1tl56 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation. or certification in any record or other document submitted or required to be maintained under this individual permit. including monitorinL� reports or reports of compliance or noncomplianceconviction, shall, upon convictn, be pullislicd by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation. or by both. SECTION B. GENERAL CONDITIONS Individual PertititExpiration The permittee is not authorized to discharge after the expiration(`date? In order to receive automatic authorizations to discharge beyond the expiration date, thej ernut tee shall submit forms and fees as are �J required by the agency authorized to issue permits no later than 180`days.prsor 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 requested3r6fi val at least 180 days prior to expiration, will be subjected to enforcement procedures as provided iny'�[CGS §�l_4}S3.h and 33 USC 1251 et. seq. Transfers This permit is not transferable to any persdn exce oq aafter notice to and approval by the Director. The Director may require modification or revoctttioniand,reissuance of the permit to change the name and inccirporate such other requirementRias ri be necessary under the Clean Water Act, The Perittittee is required to notify the Division tn�,�rtting'urthe event the permitted facility is sold or closed. Sil-natory RerlUirerttents All applicatioils. reports, 'o r-^i"nrunntlion submilted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly aulhorized representative. if such representative is responsible for the overall operation of the facilily from which the discharge described in the permit application form originates: (2) In the case of a partnership or littuted partnership: by it general partner, (3) In the case of it sole proprietorship: by the proprietor: (4) In the cast of a municipal, state, or other public entity: by a principal executive officer. ranking elected oPlicial, nr other du€y authorized cnsploycc. All reports required by the individual permit and other information requested by the Director shall be signed by a person described nbove 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 nuinager, operator of a well or well field, superintendent. a position of equivalent P::rt f l l Page 3 of S Permit No. NCSO00056 responsibility, or an individual or position having overall responsibility fur environmental platters 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 subtlliited to the Director. C. Any person signing a document under paragraphs a. or b. of this section shall make the followiltg certification: "1 certify, under penalty of law, that this document and all imachn]ents were prepared Wirier Illy tlil-Wi011 or SUpCI'V1SIUtl In aCVordance with a system designed to assitre that (IU ifilIC(l ])CrS01111Ct properly gather and cvalualc the infurn]ation Submittcd, Based em my inquiry tit the person or persons who manage the system. or those persons directly responsible for gathcring the information, the information submitted Is. to the best of -my i:nowicdge and belief, true, accurate. and coinplcie. 1 am aware that there are signilic,5rit pcnalties_for submitting false information, including the possibility of fines and imprltionnl1cril for I- owing —violations." The issuance of this individual permit does not prroliiliit'the Director from reopening land modifying tile individtal perinit, revoking and reiSsUing the indlvldt 11 pe l'I]lll. DI' terminating the individual permit as allowed by the laws, rules. and regulations contained in Title 40, Code of Federal Regulations, Parts 122 t.r t and 123: Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100: and North Carolina Ao— General Statute 143-215.1 et aE -e Permit Actions The permit may be modified, revokedihd reissued, or terminated for cause. The notification of planned changes or anticipated noLn—coriLpliance does not Stay any individual permit condition. SECTION C: OPERATION AND NIAWTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all tinter properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also illclu(les ade[luate laboratory controls and appropriate duality assurance procedures. This provision requil'es the aapera6011 of back -tip or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. Need to Halt or 12educe Not it Defense It shall not be a defense for a perinittee in an enforretnent action that it would have been necessary to,llalt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. BypassinVof Stornlwater Control Facilities Bypass is prohibited and the Director may lake enforcement action against a permillee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage: and Part II I Paige 4 of S la Permit No. NCSUUUU56 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 hypass which occurred during normal periods of equipment downtime or preventive maintenance-, and C. The permittee submitted notices as required under. Part 111. Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: i1IONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required fiet'ein, shall be:cliaracteristic of the volume and -x nature ofthe permitted discharge. Analytical samplin l liall_b perfnrn:ed during a representative storm evenl. Samples shall be taken on a clay and time that- is.cha acteristic of the discharge. All samples shall be -_= c= oaken before the discharge joins or- is diluted by rTiy c�tl?elFisvaste-stream, body of water, or substance. Monitoring points as specified in this permit shali not liecl_ ged without notification to and approval of the Dn'ector. / I 2. Recordina Results For each measurement, .sample, activity performed or collected pursuant to the /� w requirements of this individual perrtaiE;_ihe permittee shall record the following information: a. The date, exact place, and tune of .sampling, measurements, inspection or maintenance activity-, b. The irulividual(s) who•jicrformecl the sampling, mc�asttrements, inspection or maintenance activity: C. The date(s) analyses were performed; d. The individual(s) who perfom ied the analyses: e. The analytical techniques or methods used: and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow ❑lcasuremenl deviecs and methods consistent with accepted scientific practices shall be selected and used to ensure. tllc accuracy and reliability of mcasuremcuts of the volume of monitored discharges. 4. Test Procedures Test procedures for [he analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et, seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g). 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. Part I I Pa,e 5 of 8 Permit No. NCS000056 To meet the intent of the monitoring required by this individual permit, all test procalares must produce minimum detection and reporting levels and all data generated must be reported down lu the minitnunl detection or lower reporting level of the procedure. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permitice Wray petition the Director for representative outfall stunts, if it is established that the stormwater discharges are substantially identical and the pertrtittee is granted representative outfall status, then saimpling requirements may be performed at a reduced number of olttfalls. 6. Rccords Rctcotion Visual monitoring shall be documented and reconis maintaincd:at.thc f ►cility along with the Stormwater Pollution Prevention flan, Copies of analytical moninrrii fi'resulis`shall also be maintained om-site. ]'he permittee shall retain records of all monitoring information, includingall_cylibralion and maintenance records and all original strip chart recordings for continuous monitoring -instrumentation. and copies of all reports required by this individual permit for a period or"7101 ast 5 years from the date of the sample, measurement, report or application. This period ma}Abe exteiiderl:by request of the Director at any time. a ' 7, Inspection and Entry The permittee shall allow the Director, or an authorize& epresentative (including an authnt•iZed conh•actor acting is a representative of the Directorrr or in tWicase of a facility which discharges through a municipal separate storm sewer system, awn! of a municipal operator or the separate stot•nt sewer system receiving the dischairgeupon tc )rescntation of credentials and other documents as, may be required by law. to; =?IVY . IL linter upon the permince's Peemiscs Where a regulated facility or activity is located or conducted. or where records,-MUst.be=kept under the conditions of this individual permit; -� h. Have access to and copy. at reasonable titnes. any records that must be kept under the conditions of' this individual pernut; C. Inspect at reasonable tinges any facilities, equipment (including monitoring and control equipment). practices, or operations regulated or required under this individual pernut; and d. Sample or monitor at reasonable times, for the purposes of aSSuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances nr parameters at any location. SECTION E: RGPORTINC REQUIREMENTS 1, Discharge Monitoring Report Samples analyzed in accordance with the terms of this permit shall be submitted to the Division nit Discharge Monitoring Report (DMR) 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. When no discharge has occurred from the facility during the report period, the permiuce is required to submit a discharge monitoring repon within 30 slays of the end of the six-month sampling period, giving all required information and indicating " NO FLOW" as per NCAC T15A 02B .0506. Part I II Page. 6 of li Permit No. NCS000056 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division. and shall retain the completed forms on site. Qualitative monitoring results should riot be submitted to the Division, except upon DWQ's specific requirement to do so. 2. Submitting Reports Duplicate. signed aspics of all reports rcquircd herein, shall be submitted to the following address: Division of Water- Quality - Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 2776699-1617 001 3. Availability of Reports Except for data deterntined to be confidential under NCGG tl 3-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318. all reports prepared in accordance with-t eaerms shall be available for public inspection at the offices of the Division of Water Quality. As r quired'bythe.Act, analytical data shall not be considered confideniial. Knowiuoly making any fdlge statenieiln any such report may result in the imposition ol-criminal penalties as provided fooln N ,Z ..-143-215.5E or in Section 309 of the Federal Act. 4, Non-Stormwater Discharges If the storm event monitored iiiT6 Cordance; -ith this individual pe-rmit coincides with a non-stormwater discharge, the perntittee shall sep�atdly nikitor all parameter's ati required under the non-stormwater discltarge permit and provid�tliis infomiation with the stormwater discharge monitoring report. 5. Planned Changes 'The penuittee shall give noiice-to the Director as soon as possible or any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anlicipited Noncompliance The permittee shall =ive notice to the Director as soon as possible of any planned changes at the permtted facility which rimy result in noncompliance with the individual permit requirements. 7. Bypass a. Anticipaicd bypass. if the permittec knows in advance of the need for it bypass, it shall submit prior notice.. if possible at least mi clays before the date of the bypass: including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittec shall submit notice within 24 hours of becoming aware of an unanticipated bypass. S. Twenty-four Flour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. An), information shall be provided orally within 24 hours from Part rll Page 7 of 8 9 Permit No. NCSOO(IU56 the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the. lime 1he permiltee 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 riot 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. Other Noncompliance The pennittec shall report all instances of noncomplimcc monitoring reports .ire submitted. IU. Other Inform-,yion Where the permittee becomes aware that it tailed to individual permit or in any report to the Director, it - Part I I Page 8 o1' Ii under 24 hour reporting at the time levant facts in an application for an e submit such facts rn• information. NC;S0000 G PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively. revoked and reissued, to comply with any applicable effluent guideline or wafer quality standard issued or approved undcl- SWiUnS 302(b) (2) (c). and (d). 304(b) (2) .and 307(a) of the Ctcan Watcr Act, if the effluent guideline ol• water +lZility standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any cftlucnt limitation in the individual permit: or h. C011trols any pollutant not finllted lit the illdiVldllal permit. The individl.1,11 permit as modified or reiSSued udder this Act then applicable. PART V ADMINISTERING AND REQUIRE; The pertnittee must pay the administering and coniplianu ALI the Division, Failure to pay the fee in timely inanrlcr in a Division to initiate action to revoke the lifdi.viduEPernlit I"AR WI 1, r I. Act -' See Clean Water Act. other requirements in the MONITORING FEE ng fee within 30 (thitiy) days after being billed by with 15A NCAC 21-1 .01 05(b)(4) may cause this DEFINTITIONS 2, Arithmetic Mean The arithmetic mean of any set of values is the sunlnlation of the individual values divided by the number of individual values. 3. Allowable Non-Storrmvnter Discharges This permit red slates stnrrnwater discharges. Non-stormwater discharges which shall he allowed in the storniwater COitVeVanCe 'YSteril arC: (u) All uillcr discharges lhal aro aulhorir,ed by a nun-slormwaler NPDFS perjnil. (b) Unco11(WIlinilted groundwater. Foundation drains, air -conditioner condensate without added chemicals, spriHIS, discllur_Ies of uncontaminated potable water. waterline and fire hydrant flushim,s, water from footing drains. RL)ws from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or tire -fighting training. 4. Best Manauennent Practices (13MPs) MetlSllres or practices used to reduce the alrtount of pollution entering surface waters- 13MPs may take the forth of a process, activity, or physical Structure. Rarts IV, V and VI Page I of 5 Permit No. NCS000056 5, Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility inCludrng the collection system, which is not it designed or established operating mode for the facility. 6. Bulk Stor ee of Linuid Products Liquid 111W nlilterlillS, MUnUfaCtnred proLIIICtS, W,'ISte inaterints or by-products with it single above ground storage container having a capacity of greater than 660 .;allons or with multiple above ground storage coltlaillcrS located in close proximity to each other having a Iota] combined Slur'agc capacity of g i-CaWr 111.111 1,320 gallons. 7, Clean Water Act The Federal Wailer Pollution Control Act, also known as the Clcan_W;ttcr--Acl (CWA), as amended, 33 USC 1251, ct. scq. 8, Division or DW The Division of Water Qunhty, Department of-. 11 anitient ifnd Natural Resources, 9_ Director '[ he Diregtor pf the Division tifWi�ter• QimlityJthc permit issuing aruthority. IE1. EMC The North Carolina Envirbilmentatl Manaacnlent Commission, 11. Grab Sample An individual sample collected instantaneously. Grab santplec that will he directly analyzed or qualitatively monitored must be taken within the fiat 34 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 disposai 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. Manic ipa]-Sepurale Sttrrnt Sewer System A storntwater collection system within an hwor porated area of local self-government such as a city or town. 15. No Ex t ti rc A condition of no exposure means that all industrial malerials and activities arc protected by a storm resislanl shelter or acceptable storage containers to prevent exposure w rain, snow, snowtneh, or runoff. Industrial materials or activttics include, but are not limited to, material handling equipment or activities. Part V1 Page 2 of 5 Pages 16. 17 19. 19. 20. Permit No. NCSOW056 industrial machinery, raw materials, intermediate products, by-products, final product%. 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 CIR § 122.26(g). Uvcrburden Any material of any nature, consolidated or uneonsolidatcd, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring Surface matterials that arc not disturbed by mining operations. Permittee The owner or operator issued a permit pursuant to this individual hermit. Point Source_ Discharge of Storrnwatg_r Any discernible, confined and discrete conveyance including,,trut not=s'pecift—caI]y limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete tissuve from which stormwater;ts or may be discharged to waters of the state. A Representative. Storm Event A storm event that measures greater than 0. I,1i'6che-:; of rainfall and that is preceded by at least 72 hOtn'C in which no storm event nieasurinc greater than 0.1 inch ha occuFred. A single storm event may contain up to 11) consecutive rr; hours of no precipitation. ForrexampleMf it rains for 2 hours without prnducin, any collectable discharge, and then Era "- stops, a sanrp]C may he collectiyclTif:a airttipi,oelucing a discharge begins main within the next 10 hours, When it is established t discharges at multiple c status allows the permit 21. Rinse Water Discharge i e of storrnwater runoff from a single outfall is representative of the tr iQ may grant r'epresenialive outfall status. Representative oulfall analytical monitoring at a reduced number of outfalls. The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cicanin�, agent. 22, 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. 23. Scclion 313 Water Priority Chcmical A chemical or chemical category which: a. is listed in 40 Cf"R 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also tided the Emergency Planning and Community Right - to -Know Act of 1986: Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements: and C. That meets at least one of the following criteria -- Part VI Page 3 of 5 Pages Permit No. NCSOOOO56 24. 25. (1) Is lisled in Appendix D ol'40 CFR part 122 on "T'able II (organic priority pollutants). Table HT (certain metals, cyanides, and plscnols), or'T'able IV (certain IOxiC ltiollulants and hazardous substances); (2) is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 1 16.4: or (3) is a pollutant for which EPA has published acute or chronic water quality criteria. Scvcrc Property Damage McanS substantial physical damage to property, damage to the control1acilitics which caascs Ihcm to become inoperable, ur substantial and purtt]armit loss of natnralirCSOltr•ccs which call rcasonably be expected to occur in the absence of a bypass. Severe property "Hain rgc clocs not mean ccunomic ]sass caused by delays in production.Wr = a r� Significant Materials __—& & Includes, but is not limited to; raw materials; fuels;>rrtate rials such as solvents, detergents, and plastic pellets; finished materials Such as metallic prodacts:j'aw.5tmaterials used in food processing or production, hazardous substances designated under sectioi, 10.1'(14) offCCGRCLA; any chemical the facility is required to report pursuant to section 313 of Title III 0_4 SAR4;_fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to bc.relc ised'with stormwater discharges. 26. significant Stills 27 29 29 30. Includes, but is not limiletl=.tii: releases cif ail or hazardous substances in excess of reportable quantities under section 311 ofthe tr*a t Water=Act (Ref: Oil CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref, 40 CFR 302�4).. -= Siormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a NSnit of SnOW111CH. Storniwater Associated with industrial Activity The discharge from any point source which is used for collecting and conveying stornnvater 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 CI:R 122.26(h)(14), The term does not include, discharges from facilities or activities excluded from the NPDES program, Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce StOrInwater pollution and is based on an evaluation of the pollution potential of the site. Ten Year Design Storm ,T'he ma.rimum 24 hour precipitation event expected io be equaled or rxcecded on the average once in fen years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Part VI Page 4 of 5 Pages Pcrmil No. NCS000056. 31. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be tidier; (a) measured continuously, (b) calculated based on the amount of area draining to the outfa€l, the amount of built-upon(impervious) .iiva, and the total arnonnt of rainfall, or (c) estimated by the measurcntcnt of flow at 20 minute intervals during, the rainfall event. 32. Total Maximum Daily Load (TMDL) A T\4DL is a calculation of the maxinuttm amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A "TMDL is a detailed water quality assessment that provides the scientific foundation for an,impletnentation plan. The implementation plan outlines the steps necessary to reduce pollittantiloads in a certain body of water to - F41-HI restore and maintain water quality standards in all season The Clean Water -Act, Section 30:3, establishes - the water quality standards and TMDL program;- 33- "Toxic Pollutant Any pollutant li,Sted as toxic under Section 307(a)(1)=gf die,,061ii Water Act. 34, UIL 35. Means an exceptional itic ident/in-_whichgtlii re is unit entional and temporary noncompliance with teclmoingv haled permit effluent=littntations because of factors heyond the reasonable control of the perrnittee. An upset does riot incluc noncompliance to the extent caused by operational error, improperly de,si cored treatment or contrnL-f�cilities;;tnadequate treatment or control facilities, lack of preventive maintenance, or careless or`intproper operation. Vehicle rehabilitation, mechanical repairs. painting. fueling. lubrication, vehicle cleaning Operations, or airport deicing operations. 36. Visible Sedimentation Solid particulate matter, berth 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 eve. 37. 25-year, 24 hour storm event The maxitnu.oz 24-hour precipitation event expected to be equaled or exceeded. on the average, once in 25 years. Part V1 [Inge 5 of 5 Pages