HomeMy WebLinkAboutNCS000147_COMPLETE FILE - HISTORICAL_20031215STORMWATER DIVISION CODING SHEET
RESCISSIONS
PERMIT NO.
DOC TYPE
❑COMPLETE FILE -HISTORICAL
DATE OF
RESCISSION
❑ �0 03 /�-I S
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Michael F. Easley, Governor)
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
12/9/2003 r'
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ACCOUNTS PAYABLE
DEC 1 5 M
Fayetteville Fibers Inc
P O BOX 87009
Fayetteville NC 28304
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON PAYMENT
PERMIT NUMBER NCS000147
Cedar Creek Fibers LLC
Cumberland COUNTY
Dear Permittee:
Payment of the required annual administering and compliance monitoring fee of $715.00 for this year has not
been received for the subject permit. This fee is required by Title 15 North Carolina Administrative Code 2H.0105, under
the authority of North Carolina General Statutes 143-215.3(a)(1), (1a) and (1b). Because this fee was not fully paid within
30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 ncac 2H.0105(b) (2) (k)
(4), and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the required Annual
Administering and Compliance Monitoring Fee is received within that time. Discharges without a permit are subject to the
enforcement authority of the Division of Water Quality. Your payment should be sent to.
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, NC 27699-1617
If you are dissatisfied with this decision, you have the right to request an administrative hearing within Thirty (30)
days following recipt of this notice, identifying the specific issues to be contended. 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 request for hearing is made or
payments received, revocation shall be final and binding. if you have any questions, please contact:
�Mr.Paul:Rawls-Fayetteville-Water CQuality Regional:Supervisor.,_(910).486-1541.
rncerely,
, a14"�.
Alan W. Klimek, P.E,
cc: Supevisor, Water Quality Permits and Engineering Unit
Fayetteville Regional Office
County Health Department
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper
AG';'Ar
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. Toni Keith
3224 Investments, LLC
121 South Cool Springs Street
Fayetteville, NC 28301
Dear Mr. Keith:
Coleen H. Sullins
Director
September 29, 2009
Dee Freeman
Secretary
D[Eii R,-G °A'�.1
n%fisa
Subject: Inactive NPDES Permit
Cedar Creek Fibers LLC
Permit Number NCS000147
Individual Stormwater Permit
Cumberland County
This letter is to inform you that the NI'DES Permit NCS000147 issued for Fayetteville Fibers on
Cedar Creek Road will be set as inactive. If you would like for the permit to be officially rescinded then
it must be requested by the owner of the permit or current representative.
Mike Lawyer from the Fayetteville Regional Office did a site visit September 28, 2009 and was
informed that Cedar Creek Fibers LLC (owner of Fayetteville Fibers) went bankrupt in 2003. Given the
current condition of the site, which primarily provides temporary storage for office supplies and
equipment, the site does not need an NPDES Stormwater Permit. If conditions change such that your
facility has industrial activity, you may be obligated depending on the industry to immediately obtain
NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to
enforcement as an un-permitted discharge. An informational flyer has been included which details
covered industries.
If you have any questions about this matter, please contact me at (919) 807-6368,
bi-lan.lowtiier@ncdeiir.gov.
ncdenr.gov.
Sincerely,
X-ILZJL�
Brian Lowther
Environmental Engineer
Stormwater Permitting Unit
cc: Fayetteville Regional Office, Mike Lawyer
Stormwater Permitting Unit Files
Central Files
Wetlands and Stormwater Branch One 1 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 NOY-thCarollina
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Aatumllry
Phone: 919�07.63001 FAX: 919�07-64941 Customer service: 1�77-&23.6748
Internet: www.ncwaterquality.org
An Equal Opportunity 4 Affirmative Action Employer
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
OLE SORENSEN
FAYETTEVILLE FIBERS INC
3224 CEDAR CREEK ROAD
FAYETTEVILLE, NC 28301
Dear Permittce:
1 � •
LTWA
00M.4 0-aft
NCDENR
NORTH CAROL-INA DEPARTMENT OF
''- ENVIRONMENT AND NATURAL RESOURCES
October 25, 2002
7 2002 i
I !
Subject: NPDES Permit Modification -Name and/or Ownership Change
Permit Number NCS000147
Cedar Creek Fibers LLC
Cumberland County
In accordance with your request received August 5, 2002, the Division is forwarding the subject permit
modification, This modification documents the change in the ownership of the subject facility. All other terms and
conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the
requirements ol' North Carolina General Statute 143-215.1 and the Memorandum ol' Agreement between North
Carolina and the U. S. Environmental Protection Agency dated December 6, 1983.
This permit modification does not affect the legal requirement to obtain other permits which may be
required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any
other Federal or Local government permit that may be required. If you have any questions concerning this permit,
please contact Valery Stephens at the telephone number or address listed below.
Sincerely, ' T-
a
for Alan W. Klimek, P.E.
cc: Central Files
Fayetteville Regional Office, Water Quality Section
Stormwater and General Permits Unit Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5053 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% p6st-consumer paper
Permit No. NCS000147
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,
Fayetteville Fibers Inc.
is hereby authorized to discharge stormwater from a facility located:
Cedar Creek Fibers LLC
Cedar Creek Road
Fayetteville
Cumberland County
to receiving waters designated as an unnamed tributary to Cape. Fear River, a class C stream, in the Cape
Fear River Basin in accordance with limitations and controls, monitoring requirements and other
conditions set forth in Parts 1, 11, III and IV hereof.
This permit shall become effective October 25, 2002.
This permit and the authorization to discharge shall expire at midnight on September 30, 2004.
Signed this day October 25, 2002.
r
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Wellman, Inc.
Attn: Willie Bethea
Route 55, Box 455A
Fayetteville, North Carolina 28301
Dear Mr. Bethe,r:
A,677,
f
NCDENR
NORTF-i CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 27, 1999
11999
Fi& i l U4iL.L
RED. 0! F10E
Subject: NPDES Permit Renewal Application
Permit Number NCS000147
Individual Stormwater Permit
Cumberland County
The Division ol' Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your renewal
application for coverage under NPDES Permit Number NCS000147 on 4/76/99. The submitted renewal package
contained the foilowing items:
> Signed application
Site map
> Analytical monitoring results summary
Best Mana�,cment Practices summary
Narrative describing significant changes at the permitted facility
> Si,ned Stormwater Pollution Prevention Plan Certification
A review of the submitted material indicates additional information is needed. Please submit documentation
addressing the following items:
Visual monitoring results summary - Do not submit individual lab reports. The summary can consist of a table
including such items as outfall number, parameters surveyed. observations, and date monitoring conducted.
'I'he requested informalion or a deadline extension request must he submitted within 30 days of this letter. if
the required information is not received by this date, the Division will have no alternative but to return this
application as incomplete. If you have any questions or would like to discuss this letter, please contact me at (919)
7 33-5083. extension 584.
Si rel
Antonio V. E ns. P.E.
Environmental Engineer
cc: Fayetteville Regional Office
Stormwater and General Permits Unit
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
R►Z
State of North Carolina
Department of Environment������
and Natural Resources D
Division of Water Quality
";:' 2 2 1994
James B. Hunt, Jr., Governor
Bill Holman, Secretary
��+�Eri'EVfL�E
REG. Ofl=i:iCE
Kerr T. Stevens, Director
September 17, 1999
Mr. Willie Bethca
Wellman, Inc.
Route 55, Box 455A
Fayetteville, North Carolina 28301
/ •
pow
NCDENFt
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. NCS000147
Wellman, Inc.
Cumberland County
Dear Mr. Bethea:
In response to your renewal application for continued coverage under NPDES stormwater permit
NCS000147, 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 enclosed permit may differ from the draft permit that was previously sent. Based on a
review of the permit monitoring data received to date, the Division has revised the monitoring strategy for individual
stortnwater permits. The measurement frequency has been changed and cut-off concentrations have been removed.
These changes will he implemented for all second term individual stormwater permits with analytical monitoring
requirements. For those permits with analytical monitoring requirements, Part II - Monitoring, Controls, and
Limitations for Permitted Discharges has been modified to reflect the change in monitoring strategy.
If any parts, measurement frequencies or sampling requirements contained to this permit are unacceptahle 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 he final and binding.
Please take notice this permit is not transferable. Part III, 13.2. addresses the requirements to be followed in
case of change in ownership or control of this discharge.
"Phis 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 he required.
If you have any questions concerning this permit, please contact Tony Evans at telephone number 919/733-
5083 ext. 584.
Sincerely,
ORIGINAL SIGNED BY
WILLIAM C. MILLS
for Kerr T. Stevens
cc: Mr. Roger O. Pfaff, EPA
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
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,
Wellman, Inc.
is hereby authorized to discharge stormwater from a facility located at
Wellman, Inc.
Cedar Creek Road
Fayetteville, NC
Cumberland County
to receiving waters designated as an unnamed tributary to 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, U, 1.II, IV, V and VI hereof.
This permit shall become effective October 1, 1999.
This permit and the authorization to discharge shall expire at midnight on September 30, 2004.
Signed this day September 13, 1999.
ORIGINAL SiGCED BY
WILLIAM C. Mtt_LS
for Kerr T. Stevens, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCS000147
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Qualitative Monitoring Requirements
Section C: On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS
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
3.
Signatory Requirements
t
Permit No, NCS000147
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
I.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10.
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
Permit No. NCS000147
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.
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 1 of 2
>
Permit No. NCS000147
CEDAR CREEK
NORTH CAROLINA—CUMBERLAND CO.
"�,p�'�
SECTION C: LOCATION MAN 7.5 MINUTE SERIES (TOPOGRAPHIC)
NF1A SAINT PAULS t5' QUADRANGLE
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asture Branch
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Permit No. NCS000147
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part III, Standard
Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a
minimum, the following items:
Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the name of the receiving water(s) to which the
stormwater outfall(s) discharges, or if the discharge is to a municipal separate
storm sewer system, the name of the municipality and the ultimate receiving
waters; and accurate latitude and longitude of the point(s) of discharge.
(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 he 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:
Part 11 Page I of 5
Permit No. NCS000147
(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 3 0 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, outfalI
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 equipment
and systems. Inspection of material handling areas and regular cleaning schedules of
these areas shall be incorporated into the program.
Part II Page 2 of 5
Permit No. NCS000I47
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.
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.
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 I1 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: 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
Part II Page 3 of 5
Permit No. NCS000147
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 1. Qualitative Monitoring Requirements
'' racte`rist>ics
I)tscharges Cha
tEre 4uenc y� Y
y n
�Monitoriii
,
15
..
vp
Color
Semi -Annual
SDO
Odor
Semi -Annual
SDO
Clarity
Semi -Annual
SDO
Floating Solids
Semi -Annual
SDO
Suspended Solids
Semi -Annual
SDO
Foam
Semi -Annual
SDO
Oil Sheen
Semi -Annual
SDO
Other obvious indicators
Semi -Annual
SDO
of stormwater pollution
Footnotes:
1 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
SECTION C. ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than
55 gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified 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 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 4 analytical samplings in
accordance with the schedule specified in Table 3 .
Part II Page 4 of 5
Permit No, NCS000147
Table 2. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
R A
'Discharge CharactertstIcsr
Y ; x Units;
4..r--
` Measurernenit
v;Sample�y
- : -w�
,Sample s
` a w '=syi �i {tee "?b3 i„ 1
NayYl t y�,x,�F.. �" t.- _ vi :
a K.yt ir•
✓'� .t, ti S ,K,iY 1
f 3-.r•�, ''�laa
�.'}
ram' -k �+(�4 y. x"•
_ J +. - y;.�
AAw-
�ry:t....,, ...�,..�
_
_Frequenc
Ty e2 �.Locat�on3
H
standard
Quarterly- 4'h year
Grab
SDO
Oil and Grease
me
Quarterly- 4'h year
Grab
SDO
Total suspended Solids
m /l
Quarterly- 41h year
Grab
SDO
New Motor Oil Usagegallons/month
Quarterly- 41h year
Estimate
-
Total Flow4
MG
Quarterly- 4'h 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.
Table 3 Monitoring schedule (fo�rPerrriits:'�sstiecl t:0/01'/99Yo�ly)
�"`2. x .ix-4ic'-r"i r-- '�_
d Momto
*r _�
pip,
�� "•. .% �r a'' �
17 9%.1"'OAt
•� 3
Year 4 - V quarter
1
October 1, 2002
December 31, 2002
Year 4 - 2°d quarter
2
January 1, 2003
March 31, 2003
Year 4 - 3`d quarter
3
April 1, 2003
June 30, 2003
Year 4 - 41h quarter
4
July 1, 2003
September 30, 2003
Part II Page 5 of 5
Permit No. NCS000147
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 I1, 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 It 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 under section 307(a) of the
Clean Water Act for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any
permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum
amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR
122.41(a). [
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
I violations are not to exceed $10,000 per violation, with the maximum amount of any Class t
penalty assessed not to exceed $25,000. Penalties for Class li violations are not to exceed $10,000
per day for each day during which the violation continues, with the maximum amount of any Class
1I penalty not to exceed $125,000,
Part III Page I of 8 Pages
Permit No, NCS000147
3. Ditty 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 III, 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, 143-215.68, 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.
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.
Dutv to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
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.
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.
Part III Page 2 of 8 Pages
Permit No. NCS000147
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 monitoring reports or reports of compliance or noncompliance shall, upon conviction, be
punished by a tine 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 Ex irk
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 § 143-215.6A 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.
Signatory 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) 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 safes 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 it duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
Part III Page 3 of 8 Pages
Permit No. NCS000147
(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:
"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."
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.
After public notice and opportunity for a hearing, the individual permit may be terminated for cause. The
filing of a request for a individual permit modification, revocation and reissuance, or termination does not
stay any individual permit condition. The permit shall expire when the individual permit is terminated.
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. bleed 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
Part III Page 4 of 8 Pages
Permit No. NCS000147
Bypass is prohibited and the Director may take enforcement action against a permittce for bypass unless
I . 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 permittce 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
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
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.
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;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
Part III Page 5 of 8 Pages
Permit No. NCS000147
4. 'rest Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant
to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136.
To meet the intent of the monitoring required by this 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.
5. Representative Dutfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this 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.
Insnection 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.
Part III Page 6 of 8 Pages
Permit No. NCS000147
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.
Documentation of the qualitative monitoring associated with the initial analytical monitoring event shall be
included with the required analytical monitoring submittal for the first year of the permit coverage.
Analytical results from sampling during the final year of the permit coverage shall be submitted with the
permit renewal application.
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address:
Central Files
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Availability of Ret7orts
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
rcquircment includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 C17R 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.
Part III Page 7 of 8 Pages
Permit No. NCS000147
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 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.
Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in an application for an
individual permit or in any report to the Director, it shall promptly submit such facts or information.
Part ID Page 8 of 8 Pages
Permit No. NCS000147
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 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.
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-Stormwatcr Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shali 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.
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 I of 5
Permit No. NCS000147
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility including
the collection system, which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320 gallons.
7. 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 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 samples 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. NCS000147
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 Dischar
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 Ill 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
That meet at least one of the following criteria:
(1) Is listed in Appendix D ol' 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 It 6.4; 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. NCS000147
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 1 10.10 and CFR t t7.21) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
26. Stormwater Runoff
The now 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.
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. NCS000147
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
PERMIT COVERAGE RENEWAL APPLICATION t'
National Pollutant Discharge Elimination System
Stormwater NPDES Permit NCS000147
NCDENR
NORTH CAROLINA DEPARTMENT Of
ENVIRONMENT AND NATURAL RESOURCES
Fiber Industries
Permit NumberNCS000a_4.7f %y
Cumberland County },
u J 1 N99
Fj E i EEVILLr
REG. OFFICE
THIS APPLICATION MUST BE SIGNED AND RETURNED ALONG WITH THE REQUESTED
SUPPLEMENTAL INFORMATION TO THE DIVISION OF WATER QUALITY IN ORDER FOR YOUR
FACILITY TO QUALIFY FOR RENEWAL OF YOUR STORMWATER PERMIT NCS000147
PERMIT RENEWAL INFORMATION
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.
Facility Name: Fiber industries Wellman, Inc.
Mailing Address*: PO BOX 20 Route 55, Box 455A
FAYETTEVILLE, NC 28302 F
Location Address: CEDAR CREEK ROAD
FAYETTEVILLE, NC 28301
Facility Contact: WILLIE BETHEA
Phone Number:
Fax Number: No number on file
E-mail address: No address on file
* This is the address to which all permit correspondence will be mailed
CERTIFICATION
910 433 5251
704 424 2505
willie.bethea@wellmaninc.com
I certify that I am familiar with the information contained in the application and that to the best of my
knowledge and belief such information is true, complete and accurate.
I
Signature J ��� �_� Date `� ��3% ? l
Willie J. Bethea Environmental Engineer
Print or type name of person signing above Title
Please return this completed renewal form, the information as requested on the next page, and any relevant
documentation to:
Individual Permit Renewal
Division of Water Quality/ WQ Section
Stormwater and General Permits Unit
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Attn: Tony Evans
oo
/,42324252,6
_ l99
PK'a �E
��2�1LOi6Bl'g�
SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES
STORMWATER PERMIT
The following should accompany this submittal:
(Do not submit the site Stormwater Pollution Prevention Plan)
Initials
1. A copy of the 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.
N/A 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. *
N/A 3. A summary of the Visual Monitoring results. Do not submit individual lab reports. The
summary can consist of a table including such items as outfall number, parameters
surveyed, observations, and date monitoring conducted.
NOTE: ' Outfall monitoring is not required.
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.
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.
Discontinued TEG cleaning operation in 8/96.
1!� X 6. Certification of the development and implementation of a Stormwater Pollution Prevention
V Plan for the permitted facility (Sign and return attached form).
* If the final year analytical monitoring of the existing permit term has not been completed
prior to filing the renewal submittal, then the last 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 0.1 inches and is preceded by at least
72 hours in which no storm event measuring greater than 0.1 inches has occurred.
N
C.2 Description Of Existing Management Practices for Potential pollutant Sources
Refer to Figure 2 for the location of each potential pollutant source.
SOURCE
QUANTITY
USED, OR
STORED
EXISTING MANAGEMENT PRACTICES
NEW
BM?
OPTIONS
Chemical
55-gallon drums
-The drums are surrounded with a dike system
YES
Storage
containing: TEG,
providing approximately 3,500 gallons of
Building
Process 235 L
containment
MacDermid,
-Dike system does not contain any drains, sump,
acetone,
or release valves
isopropanol,
-The storage area is covered with a permanent
PCE, varsol, and
roof structure
used oil drums
-Storage area contains a spill kit
-Drainage from this area flows east towards a
drainage swale and south towards open grates
and catch basins which tie into the main storm
water sewer system draining into the Cape Fear
River
-The drums are transported into and from the
building by forklift truck
-Drums transported to the storage area are
properly labeled
-Weekly visual inspections of the drums stored in
this area is conducted to detect potential leaks
and perform spill control measures
-Employees are trained on proper drum handling
and spill response procedures
Empty drum
-Empty drums are triple rinsed and stored in a
NO
storage
horizontal positions
-Storage area is surrounded with a fence, has a
raveled surface, no covering, and does not have
a dike system
-Drainage from this area flows south towards a
drainage swale and south towards open grates
and catch basins which tie into the main storm
water sewer system draining into the Cape Fear
River
page 8
SOURCE
QUANTITY
USED, OR
STORED
EXISTING MANAGEMENT PRACTICES
NEW
BMP
OPTIONS
Therminol
One 8,000-
-The above ground storage tank is surrounded
YES
Tank
gallon above
with a dike system providing approximately
ground storage
12,400 gallons of containment
tank and transfer
-Transfer lines from the tank to the
lines to the
manufacturing building are located above grade
manufacturing
-Located on a concrete surface
building
-Dike system contains a release valve and drains
_
into the sanitary sewer system
-The tank and truck unloading area are not
covered by a roof structure
-Truck unloading area is not surrounded by a
dike system
-A spill kit is located approximately 75 feet
southwest of the storage tank and truck
unloading area in the Chemical Storage Building
-Drainage from this area flows east towards a
drainage swale and south towards open grates
and catch basins which tie into the main storm
water sewer system draining into the Cape Fear
River
-Therminol transfer pump is contained by a dike
system
page 9
SOURCE
QUANTITY
USED, OR
STORED
EXISTING MANAGEMENT PRACTICES
NEW
BMP
OPTIONS
Satellite
55-gallons drums
-The satellite chemical storage area is surrounded
YES
Chemical
containing:
with a dike system providing approximately 150
Storage Area
acetone, virgin
to 290 gallons of containment
PCE, and used
-Located on a concrete surface
PCE
-Dike system does not contain any drains, sump
or release valves
-The storage area is covered with a roof
_
-Storage area contains a spill kit
-Drainage from this area flows east towards a
catch basin which ties into the main storm water
sewer system draining into the Cape Fear River
-The drums are transported into and from the
building by forklift truck
-Drums transported to the storage area are
properly labeled
-Weekly visual inspections of the storage area
are conducted to detect potential leaks and
perform preventative maintenance
-Employees are trained on proper drum handling
and spill response procedures
page 10
SOURCE
QUANTFTY
USED, OR
STORED
EXISTING N ANAGEMENT PRACTICES
NEW
BN[P
OPTIONS
Shipping and
TEG, PCE,
Recycle Dock
YES
Receiving
acetone,
-Dock area is located on a concrete surface
Dock Areas
isopropanol,
-The dock is covered with a dock shelter that
fiber finishes,
seals around the end of the trailer
sodium
-A spill kit is located in the satellite chemical
hydroxide, and
storage area, approximately 350 feet east of the
lubricating oil
dock area
(quantities vary)
-Drainage from this area flows south towards a
storm water catchment trench which ties into the
main storm water sewer system draining into the
Cape Fear River
-The dock area is not contained by a dike system
-Employees are trained on proper drum handling
and spill response procedures
Warehouse Dock
-Dock area is located on an concrete surface
-The dock area is covered with a roof structure
which extends over the end of the trailer
-The dock is covered with a dock shelter that
seals around the end of the trailer
-A spill kit is located in the satellite chemical
Storage Area, approximately 150 feet south-
southwest of the dock area
-Drainage from this area flows east towards a
catch basins which ties into the main storm water
sewer system draining into the cape Fear River
-The dock area is not contained by a dike system
-Employees are trained on proper drum handling
and spill response procedures
Receiving Dock
-Dock area is located on a concrete surface
-The dock is covered with a roof structure
-Employees are trained on proper drum handling
and spill response procedures
-Drainage from this area flows southwest
towards a catch basin which ties into the main
storm water sewer system draining into the cape
Fear River
-A spill kit is located on the receiving dock
-Drainage from this area flows south-southeast
towards a service road then flows west to a
page I 1
SOURCE
QUANTITY
USED, OR
STORED
EXISTING MANAGEMENT PRACTICES
NEW
BMP
OPTIONS
Flammable
Diesel fuel,
-Diesel fuel, gasoline, kerosene are stored in
YES
Chemicals
gasoline, and
safety cans located in an enclosed building
Storage
kerosene
-No dike system or secondary containment
Building
(quantities vary)
surrounds the storage building
-No drain, sump, or release valve is located
within the building
-A spill kit is located in the Chemical Storage.
_
Building approximately 50 feet- west of the paint
storage building
-Drainage from this area flows south in a
drainage swale located on the eastern side of the
facility towards a catch basin which ties into the
main storm water sewer system draining into the
Cape Fear River
-Safety cans are used to store all flammable
chemicals
Paint
Virgin paint,
-Paint cans are located in an enclosed building
YES
Storage
paint thinner,
-No dike system or secondary containment
Building
and paint cleaner -
surrounds the storage building
(quantities vary)
-No drain, sump, or release valve is located
within the building
-A spill kit is located in the Chemical Storage
Building approximately 30 feet west of the paint
storage building
-Drainage from this area flows south in a
drainage swale located on the eastern side of the
facility towards a catch basin which ties into the
main storm water sewer system draining into the
Cape Fear River
-Employees are trained on proper paint handling
and spill response procedures
page 12
SOURCE
QUANTITY
USED, OR
STORED
EXISTING MANAGEMENT PRACTICES
NEW
BMP
OPTIONS
Scrap Metal
Scrap metal,
-Storage bin is not covered by a roof structure
YES
Storage Bin
quantity varies
-Located on a concrete surface
-Storage bin contains a drain
-Area drains onto asphalt covered ground
-A spill kit is located in the Chemical Storage
Building approximately 200 feet west of the
paint storage building
-Drainage from this area flows west-northwest
towards a catch basin which ties into the main
storm water sewer system draining into the Cape
Fear River
Scrap Steel
Scrap steel
-Scrap steel is stored on metal storage racks
YES
Storage Area
quantity varies
which are not covered by a roof structure
-Located on a vegetative covered surface
-A spill kit is located in the Chemical Storage
Building approximately 40 feet west-northwest
of the paint storage building
-Drainage from this area flows south in a
drainage swale located on the eastern side of the
facility towards a catch basin which ties into the
main storm water sewer system draining into the
Cape Fear River
page 13
SOURCE
QUANTITY
USED, OR
STORED
EXISTING MANAGEMENT PRACTICES
NEW
BMP
OPTIONS
Emergency
One 264 gallon
-The.storage tank is mounted on a pedestal in a
YES
Generator
diesel fuel above
horizontal position
Fuel Storage
ground storage
-The storage tank is surrounded with a dike
Tank
tank and transfer
system providing approximately 785 gallons of
line
containment
-Transfer line from the tank to the emergency
generator is above grade
-Located on a concrete surface
-Emergency generator and fuel storage tank are
not covered by a permanent roof structure
-Dike system contains one drain with a locked
release valve, which drains to an adjacent
concrete surface
-Diked area(s) is visually inspected for color,
foam, and visible sheen prior to release
-The adjacent concrete surface has a drain which
drains to the sanitary sewer
-A spill kit is located in the Chemical Storage
Building, approximately 90 feet east and adjacent
to the Maintenance building located
approximately 120 feet northeast of the
emergency generator and fuel storage tank
-Drainage from this area flows south-southwest
towards catch basins which tie into the main
storm water sewer system draining in to the
Cape Fear River
Gravity
Water and
-The sump tank is an above ground, open -top
YES
Spray
particulate
storage tank and is surrounded with a dike
Chamber
residue
system providing approximately 1,470 gallons of
Sump Tank
containment
-Located on a concrete surface
-Scrubber sump tank is not covered by a
permanent roof structure
-Dike system does contain drains and drains into
the sanitary sewer
-A spill kit is located in the Chemical Storage
Building, located approximately 70 feet
southeast of the scrubber sump tank
-Drainage from this area flows east towards a
catch basin which ties into the main storm water
sewer system draining into the Cape Fear River
page I4
SOURCE
QUANTITY
EXISTING MANAGEMENT PRACTICES
NEW
USED, OR
BMP
STORED
OPTIONS
Trash
Food, paper
-Access to compactor is protected by hinged
YES
Compactor
products, etc...
metal covers opened only when charging trash
-Compactor is not covered by a roof structure
-Located on a concrete surface containing a
storm water drain
-A spill kit is located in the Satellite Chemical
Storage Building, approximately 350 feet
southeast of the trash compactor
-Drainage from this area flows west towards a
storm water catchment trench, located adjacent
to the Recycle dock, which ties into the main
storm water sewer system draining into the Cape
Fear River
-The compactor is emptied as needed
Construction
Waste
-Storage bin is not covered by a roof structure
YES
Material
construction
-Located on a grassy surface
Waste Bin
material
-Storage bin contains a drain
-Storage bin drains onto the ground
-A spill kit is located in the Satellite Chemical
Storage Area, approximately 200 feet west of the
waste bin
-Drainage from this area flows west in a drainage
swale located on the eastern side of the facility
towards a catch basin which ties into the main
storm water sewer system draining into the Cape
Fear River
Chip Silos
Polyester chip,
-Loose chip is collected for disposal if spilled
quantity varies
while unloading from truck to silos
-Drainage from this area flows west in a drainage
swale located on the eastern side of the facility
towards a catch basin which ties into the main
storm water sewer system draining into the Cape
Fear River
page 15
C.3 Description of New Best Management Practices For Poteniaa Pollutant Sources
SOURCE
NEW BEST MANAGEMENT PRACTICES
COMPLETION
DATE
Chemical
-Not more than drums will be stored at any one time
NIA
Storage
-Diked area(s) will be inspected for storm water
Building
accumulation prior to release of the storm water; storm
water will be visually inspected for color, foam, and visible
sheen
Therminol
-Quarterly visual inspections of the Therminol storage tank
NIA
Tank
and transfer lines will be conducted to detect potential leaks
and perform preventative maintenance
-A spill kit will be at the site during transfer of therminol
from the 55-gallons drum(s) into the storage tank
drums during transfer of Therminol into the tank
-Diked area(s) will be inspected for storm water
accumulation prior to release of the storm water; storm
water will be visually inspected for color, foam, and visible
sheen
Satellite
-Not more than 8 drums will be stored at any one-time
NIA
Chemical
Storage Area
Shipping and
-Semiannual preventative maintenance inspections will be
N/A
Receiving
conducted that include removal of accumulated sediments or
Dock Areas
debris in the storm water catchment trench located in the
immediate vicinity of each dock area
Flammable
-Quarterly visual inspections of the flammable chemicals
June 1996
Chemicals
storage area will be conducted to assure adequate
Storage
housekeeping is conducted
Building
-All cans will be placed in drip pans
Paint Storage
-Quarterly visual inspections of the paint storage area will be
NIA
Building
conducted to assure adequate housekeeping is conducted
Scrap Metal
-Quarterly visual inspections of the scrap metal bin and area
NIA
Bin
will be conducted to assure adequate housekeeping is
conducted
Scrap Steel
-Quarterly visual inspections of the scrap steel storage rack
October 1996
Storage Area
and surrounding area will be conducted to assure adequate
housekeeping is conducted
page 16
E
SOURCE
NEW BEST MANAGEMENT PRACTICES
COMPLETION
DATE
Emergency
Quarterly visual inspections of the emergency generator and
Generator Fuel
fuel storage tank will be conducted to detect potential leaks
October 1996
Storage Tank
and overfills, and perform preventative maintenance
Spray Gravity
-Quarterly visual inspections of the sump tank and
Chamber
surrounding area will be conducted to assure adequate
October 1996
Sump Tank
housekeeping is conducted
Trash
-Trash compactor and surrounding area will be cleaned
Compactor
weekly to ensure adequate housekeeping
October 1996
-Quarterly preventative maintenance inspections will be
conducted that include removal of accumulated sediments or
debris in the storm water catchment trench located in the
immediate vicinity of the trash compactor
Construction
-Quarterly visual inspections of the construction material
Material Waste
waste bin and surrounding area will be conducted to assure
October 1996
Bin
adequate housekeeping is conducted
paJ; I7
STORMWATER. POLLUTION PREVENTION PLAN
DEVELOPMENT#A:ND- IMPLEMENTATION o E
1'
`'. CERTIFICATION
N.C. Division of Water Quality, Stormivater and General Permits Unit
Facility Name: FIBER INDUSTRIES
Permit Number: NCS000147 .
Location Address: CEDAR CREEK ROAD
FAYETTEVILLE, NC 28301
County: CUMBERLAND
"1 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 WITH THE CERTIFICATION.
Signature 'Lr-L'-- Date
Willie J. Bethea
Print or type name of person signing above
Environmental Engineer
Title
SPPP Certification 2/99
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
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
Mr. David A. James
P.O. Box 20
Fayetteville, NC 28302
Dear Mr. James:
EDG��
August 31, 1994
F1
S EP 6 1994
ENV, MANAGEMENT
$AYE EVILLE uEc. OFFICF
Subject: Permit tio. NCS000147
Fiber Industries
Cumberland County
In accordance with your application for a stormwater 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 Memorandum
of Agreement between North Carolina and the US Environmental Protection agency dated
December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to 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 II, 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 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 Bill Mills at telephone
number 919/733-5083.
Sincerely,
Original Signed By
Coleen H. Sullins
A. Preston Howard, Jr, P. E.
cc: Mr. Jim Patrick, EPA
Fayetteville Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% posy -consumer paper
Permit No. NCS000147
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 1.43-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended,
Fiber Industries
is hereby authorized to discharge stormwatcr from a facility located at
Fayetteville Plant
Cedar Creek Road
Fayetteville
Cumberland County
to receiving waters designated as an unnamed tributary to 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, and IV hereof.
This permit shall become effective October 1., 1994.
This permit and the authorization to discharge shall expire at midnight on August 31, 1999.
Signed this day August 31, 1994.
Original Signed By
Coleen H. Sullins
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By the Authority of the Environmental Management Commission
Permit No. NCS000147
PERMITTED ACTIVITIES
Until this permit expires or is modified or revolted, 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 Permit. All
discharges shall be in accordance with the attached schedules as follows:
Part I: Monitoring, Controls, and Limitations for Permitted Discharges
Part [I: Standard Conditions for NPDES Stormwater Permits
Part III: Limitations Reopener
Part IV: Administering and Compliance Monitoring Fee Requirements
Any other point source discharge to surface waters of the state is prohibited unless covered by
another permit, authorization or approval.
This permit does not relieve the pemlittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree.
Page 2
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Permit No. NCS000147
PART I
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
ECTION A: FINAL LIMITATIONS AND CONTROLS FOR_STORMWATER DISCHARGE
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 below.
1. Stormwater Pollulim_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 II, Standard
Conditions, Section E.8. 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 of stormwater,
discharges. The site plan shall contain the following:
(1) 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.
(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 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 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.
(4) 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.
(5) 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 11, Standard Conditions, Section
B. 9.
Page 4
Permit No. NCS000147
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 stormwater, including structural and nonstructural
measures. The stormwater management plan, at a minimum, shall incorporate the
following:
(1) A study addressing 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 practicable the permiuce shall cover all
storage areas, material handling operations, manufacturing 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 liquid materials,
storage of Section 313 of Title HI of the Superfund Amendments and
Reauthorization Act (SARA) water priority chemicals, or storage of hazardous
materials to prevent Ieaks 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 accumulated
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 release shall
be kept for a period of five years.
(3) 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.
(4) Inspection schedules of stormwater conveyances and controls and measures to be
taken 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 assessment 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 ninoff through spills or
exposure of materials associated with the facility operations.
d . 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 cf material handling areas and regular cleaning schedules of these areas shall be
incorporated into the program.
e. 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
Page 5
Permit No. NCS000147
operations that have the potential to contaminate stormwater runoff. Facility personnel (or
team) responsible for implementing the training shall be identified in the Plan.
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(s) assignments provided.
g. Plan Ammendment. 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
II, Standard Conditions, Section B, #9) to the Director that the changes have been made.
h. Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a
minimum on a semiannual schedule, once in the fall (September -November) and once
during the spring (April - June). The inspection and any subsequent maintenance activities
performed shall be documented, recording date and time of inspection, individual(s)
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.
Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility
inspections.
Implementation. Implementation of the plan shall include documentation of all monitoring,
measurements, inspections and maintenance activities and training provided to employees,
including the log of the sampling data and of activities taken to implement BMPs associated
with the industrial activities, including vehicle maintenance activities. Such documentation
shall be kept on -site for a period of five years and made available to the Director or his
authorized representative immediately upon request.
Page 6
Permit No. NCS000147
2. Minimum Monitoring and Reporting Requirements
Minimum monitoring and reporting requirements are as follows unless otherwise approved in
writing by the Director of the Division of Environmental Management.
a. 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. It 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.
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 simultaneously
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.
C. 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 Pan II,
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:
(1) 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 II, Standard Conditions, Section A), the pond shall
be considered a non -discharging 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.
e. Analytical results from sampling during the final year of the permit term 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 permit.
(2) 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.
(3) Discharges resulting from fire -lighting.
Page 7
Permit No. NCS000147
If the storm event monitored and reported in accordance with this permit coincides with a
non-stormwater discharge, the permittee shall separately monitor and report all parameters
as required under the non-stormwater discharge permit and provide this information with
the stormwater discharge monitoring report.
Specific Stormwater Monitoring Requirements
The specific stormwater monitoring requirements includes visual monitoring of stormwatcr
samples. Specific monitoring requirements are defined below.
(1) Visual Monitoring
Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless
of representative outfall status, 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. Visual monitoring of stormwater outfalls does not
need to be performed during a representative storm event.
Stormwater Discharge
Characteristics
Fre acne I
Monitoring
T e2
Monitoring
cati n3
Color
Semi -Annual
Visual
SDO
Odor
Semi -Annual
Visual
SDO
Claris
Semi -Annual
Visual
SDO
Floating Solids
Semi -Annual
Visual
SDO
Suspended Solids
Semi -Annual
Visual
SDO
Foam
Semi -Annual
Visual
SDO
Oil Sheen
Semi -Annual
Visual
SDO
Other obvious indicators
of stormwater pollution
Semi -Annual
Visual
SDO
Footnotes:
1 Frequency: The first visual monitoring event during the term of the permit must be
performed during the initial analytical monitoring event. All subsequent visual
monitoring will be performed twice per year, once in the spring and once in the fall.
2 Monitoring Type: Visual monitoring requires a qualitative visual observation of each
Stormwater outfall. No analytical testing or sampling is required.
3 Sample Location: Stormwater Discharge Outfall (SDO)
Page 8
Permit No. NCS000147
(2) Analytical Monitoring Requirements for Vehicle Maintenance Activities)
Stormwater Discharge
Characteristics
nit
Measurement
Fre enc 2
Sample
Tyre
Sample
Lo�ttion3
H
standard
annually
Grab
SDO
Oil and Grease
m
annually
Grab
SDO
New Motor Oil Usa e
allons/month
annually
Estimate
SDO
Total Flow4
MG
annually
Grab
SDO
Lead, Total Recoverable5
ugA
annually
Grab
SDO
Total Suspended Solids
MgA
annually
Grab
SDO
Detergents (MBAS)6
m
annually
Grab
SDO
Footnotes:
1 Stormwater discharges from any vehicle maintenance activity occurring on -site
which uses more than SS gallons of new motor oil per month when averaged over
the calendar year shall be monitored by the permittee as specified above.
2 Measurement Frequency: Once per year with samples taken within the sampling
window of April through November.
3 Sample Location: Samples to be taken 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.
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.
(3) Cut-off Concentrations for Vehicle Maintenance Activities
The arithmetic mean of all analytical sampling results collected during the term of the permit
shall be calculated for each parameter and compared to the cut-off concentrations listed below.
If the arithmetic mean meets the specified cut-off concentration condition for a given parameter,
then the facility is not required to continue annual analytical monitoring for that parameter
during the term of the permit unless a significant change in facility operations or configuration
occurs. If a cut-off concentration results in discontinued analytical monitoring, the permittee is
Page 9
Permit No. NCS000147
required to maintain facility operations that ensure the continuation of stornnwater runoff
quality.
The permittee must perform analytical sampling during the first and last year of the permit term
regardless of cut-off concentration conditions. Analytical results from sampling during the
final year of the permit term must be sub M' itted with the permit renewal application,
t rmwater Discharge CharacterjstjcS
Cttt-Offf Concentration
H l
within range 6.0 - 9.0
Oil and Grease
< 30 m p l
Lead, Total Recoverable
< 0.033 m A
Total Sus ended Solids
< 100 mJl
Detergents (MBAS)
< 0.50 mg/l
Footnotes:
1 pH cannot be averaged due to the nature of the -logarithmic pH scale. The most recent pH
sample result shall be used for cut-off concentration purposes.
Page 10
Permit No. NCS000147
SECTION B: SCHEDULE OF COMPLIANCE
The pci-mittee shall comply with Final Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
The Stormwater Pollution Prevention Plan shall be developed and implemented within 12
months of the effective date of this permit and updated thereafter on an annual basis.
Secondary containment, as specified in Part I, Section A, 1. b. 2. of this permit, shall be
accomplished within 12 months of the effective date of this permit.
2. Permittce shall at all times provide the operation and maintenance necessary to operate the
permitted stormwater controls at optimum efficiency.
Page 1 1
!` Individual Stormwater Page Al
PART II
STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS
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).
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.
WMEEMM 17" Re ii.
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
• •s
The Division of Environmental Management, Department of Environment, Health
and Natural Resources.
The Director of the Division of Environmental Management, the permit issuing
authority.
The North Carolina Environmental Management Commission.
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the
Clean Water Act.
� �=41011
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.
All municipal separate storm sewers that are either.
a. Located in an incorporated place with a population of 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 pan of the
large or medium separate storm sewer system.
13. 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.
,_11! �-_
The owner or operator issued a permit.
MENEFONTUMM M
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.
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.
91"1t =1.. 111.1
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event.
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) of 1986, also
titled the Emergency Planning and Community Right -to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III,
Section 313 reporting requirements; and
c. That meet at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR pan 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 l(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.
1 ' 1 -_I 5FIM..
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. Si2nificant SDiU
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:ZI) CERCDA (R"ef. 40 CFR 302.4).
+a�.• : I+
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
+O i + . _I 1+ y._
RNM
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 Parts 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;
f. 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 CIassification 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 pan 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 0) 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 material 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 term 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
owned 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).
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 Flow
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 Qf SgmplCa
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.
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle
cleaning operations, or airport deicing operations.
Solid particulate matter, both mineral and organic, that has been or is being
transported by water; air,-gradity,,u ricefrom-is site of origin which can be seen
with the unaided eye.
Individual Stormwater Page A7
r. 30. Waste Pile
Any non -containerized accumulation of solid, non -flowing waste that is used for
treatment. or storage.
The maximum 24-hour precipitation event expected to be equaled or exceeded, on
the average, once in 25 years.
Individual Stormwater Page A8
The permittee mast 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 $25,000 per day for each violation. Any
person who negligently violates any permit condition is subject to criminal penalties
of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1
year, or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $10,000 per violation with
the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act
33 USC 1319 and 40 CFR 122.41(a).]
C. Under state law, a daily civil penalty of not more than ten thousand dollars
($10,000) per violation may be assessed against any person who violates or fails to
act in accordance with the terms, conditions, or requirements of a permit. [Ref:
North Carolina General Statutes 143-215.6A]
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 II violations are not to exceed
$10,000 per day for each day during which the violation continues, with the
maximum amount of any Class H penalty not to exceed $125,000.
RIONFROTOMMOM
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 permittee 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 143-21.5.75 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.
The issuance of this 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.
6. Severability
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.
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 A 10
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 permit and other information requested by the Director
shall be signed by a person described above or by a duly authorized representative
of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or
position having overall responsibility for environmental matters for the
company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
c. Any person signing a document under paragraphs a. or b. of this section shall make
the following certification:
"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."
ITOMMempoWSMOMMM : M, . •o TMM .• MMM
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 All
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 permittee
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 . f • a tRM. • R
a. Definitions
(1) "Bypass" means the known diversion of stormwater from any portion of a
stormwater 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 permittee 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.
c . Notice
(1) 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.
Individual Stormwater Page Al2
(2) Unanticipated bypass. The permittee shall submit notice within 24 hours of
an unanticipated bypass as required in Part E, 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 Qr dry weaLher. 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 permittee 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. vySEjg
a. 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 If, E. 5. (b)
(B) of this permit.
(4) The permittee complied with any remedial measures required under Part II,
A. 2. of this permit.
d. Burden of Proof
In any enforcement proceeding the permittee s&king to establish the occurrence of
an upset has the burden of proof.
I:'■ -i:AM.VT.1M■ gm
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.
;"■.y.1-
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
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.
UNNERMEd 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 permit, all test procedures
must produce minimum detection and reporting Ievels that are below the permit
discharge requirements and all data generated must be reported down to the
minimum detection or Iower 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.
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.
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;
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.
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;
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:
The alteration or addition to a permitted facility may meet one of the criteria
for determining whether a facility is a new source in 40 CFR Pan 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
notification requirements under 40 CFR Part 122.42 (a) (1).
emerfral10r
The permittee shall give advance notice 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.
4. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this
permit.
5. Twenty-four Hour ReppniU
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information
shall be provided orally within 24 hours from the time the permittee became aware
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, incluEng 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 Part H.
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,
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 Act.
a ..M,P MMOMOMIMMa1
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 Stormwater Page A]7
PART III
LIMITATIONS REOPENER
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
ADMINISTERING 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 with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to
revoke the permit..
Find Permit .
Outfall r Analytical Limit r qualitative Limit
Vehicle Limit
Comments
rHistory
Inspections
r Incidents
Enforcernents
Violations
Details 1
Details 2
r Billing
r lrverits
j Reg. Activities
Eff. Guidelines
Affiliations r Reviewers r
Related Permits
NII Publish
Permit INCS000147
Version:
1.0
Status:
Inactive
Mandatory
Event Type
Event Date
Due Date Comment Last Updated By
Update Date
❑
Permit Inactive - No response from perm...
09129/2009
lOwner bankru... sarah.young
09/2912009
0
Permit Annual Fee
Permit Annual Fee
0911412005
08/0112005 ,fran.mc herson
09/2712005
❑
0911712004
08/01/2004
08/0112003
Owner iiankrupt;In 200.9=As verified by Bike Lawyer-FR
at the site.
❑
Permit Annual Fee
09/24/2003
I
❑
Facility ownership changed
1011012002
! ifran.mcpherson
109t2712005
El
Permit Annual Fee
09/1812002
08/0112002; Ifran.mcpherson
09/2712005
Permit Annual Fee
09119/2001
08/01120011 ;fran.mcpherson
09/27/2005
!
❑
Permit Annual Fee
0912012000
08101120001` ,fran.mcpherson
0912712005
j
❑✓
Permit issued
0911711999
jfran.mcpherson
09/2712005
Permit Annual Fee
09/15/1999
08101119991 ifran.mcpherson
09/2712005
❑
Permit Drafting Initiated
0813111999
Ifran.mepherson
0912712005
❑
Public notice published
07/2811999
Ifrain.mcpherson
0912712005
RO staff report requested
0712811999
j fran.mcpherson
09/2712005
❑
RO staff report received
0812911999
! ,fran.mcpherson
0912712005
0
Scheduled issuance
09/1111999
ifr2n.mcpherson
09/2712005
r❑
Application received
04126/1999
Ifran.mcpherson
09/27/2005
3: No industdaFactivity j
D�taits...
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Compliance Events History
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16 Events found. - Heady — - - i S[D: PMEL