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HomeMy WebLinkAboutNCS000147_COMPLETE FILE - HISTORICAL_20031215STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. DOC TYPE ❑COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ �0 03 /�-I S YYYYMMDD 0� _co 0 0� W A 7-p QG 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 7 20700001FEET 705 7so 5' 47' 30" 702 03 — I —35, 00' r f }} � � `•. o i 3�75 zo!7 5 1� asture Branch 1 Sulam 3974 ` \ 450 000 _T ao' _ �� V" .II 132 2 �t FEET 5Nb .`IBM zl Tank 4 Tank - %(_ A\•1 I __`— 5ewageC?fsposal ;��) f" a - nt � %) _ E so- NX 1 \. v oa.. 7&72 [ ")�' ~�'. t Y. _ f f y 1 � i I• 105 — - 1 , i s _ n � -Z, J its Li y i 1 �I • � '' - / l _ _ �NI `r�' � / '�_�.\ �� fir' . ' I 11 f _ i ; Part 1 Page 6'F�dar �;1� ��` M �/r z 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 '1110r�-- H CA ROLIN- I P, I N Ul T E S'z-R!ES 7 E (F A Er T E Vf- LE) N FLEing 1�m ZET t3 ij... A-4 S-Cp 7z �,/_ 'ti ,:•.` �:,;, of rf ��,�{. G 1h. v - i?.} IpI � rYtf /- f '�� i;, � ,X!`� t•'- - � Imo.. �t}.1 i,� 1 � `U.-1•L`.� .. �J /� . ��o�. �-+l \`. F: l �r.F i t � � 1 � - i ` 89 rCt�* X>3 RX E Tj to L. it 1'j �57 pt Ica, ,,I L k lU N 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... Remove Compliance Events History Back Next> Finish Close 16 Events found. - Heady — - - i S[D: PMEL