HomeMy WebLinkAboutNCS000149_COMPLETE FILE - HISTORICAL_20180402STORMWATER DIVISION CODING SHEET
RESCISSIONS
PERMIT NO.
DOC TYPE
❑COMPLETE FILE- HISTORICAL
DATE OF
RESCISSION
❑ .2,o S O lbz,
YYYYMMDD
Lawyer, Mike
From: Lawyer, Mike
Sent: Monday, April 02, 2018 11:14 AM
To:'michael.ejohnson@chemours.com'; 'christel.e.compton@chemours.com'
Cc: Vinson, Toby; Lucas, Annette; LaBounty, Tim L
Subject: stormwater permitting applicability - Fayetteville Works (Chemours, DuPont, Kuraray)
Mike & Christel,
1t was a�pleasure meeting with you at the facility on March 29, 2018. As you know, the purpose of the site visit was to
determine the applicability of NPDES industrial stormwater permitting for the Fayetteville Works/industrial park located
in Bladen County. I appreciate your time and assistance. As follow-up to the site visit, it was determined that stormwater
permit coverage is not applicable based on the following observations.
Stormwater flows from industrial activity areas associated with Chemours, DuPont and Kuraray enter surface
trenches/culverts and buried pipes (as indicated on the site map that was provided and as observed during the site visit),
which convey the stormwater flow to the relocated/current outfall 002 where it is commingled with allowable treated
wastewater flows prior to discharge. Outfall 002 is covered under an NPDES wastewater discharge permit and is
monitored accordingly.
Stormwater flows from the Chemours WX facility and associated access road located in the southwest corner of the
industrial park would likely infiltrate into the surrounding vegetated areas. A stormwater ditch that could receive flow
from an employee parking area and the access road was observed, however any overflows from this ditch would
apparently enter a relatively flat wooded/vegetated area on the property as sheet flow.
Regarding the location of the outfall previously identified as outfall 002, which conveys flow to the Cape Fear River. This
outfall appears to only receive stormwater flow from the surrounding vegetated area where there is no industrial
activity. No other stormwater discharge outfalls were observed.
Please note that the determination that NPDES stormwater permit coverage is not required for the subject facility is
based on the observations made during the site visit. Should site conditions change such that a point source discharge of
stormwater associated with industrial activity is created or discovered, applicable stormwater permit coverage shall be
obtained. Please contact me with any questions or concerns.
Michael Lawyer, CPSWQ
Environmental Program Consultant
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
910 433-3394 office
mike. lawverj§ncdenr.go_v_
225 Green Street, Suite 714
Fayetteville, NC 28301
r;': Nothing Compares--,- .
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
, _ 1
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MICHAEL E. JOHNSON
DUPONT-FAYETTEVILLE
22828 NC HWY. 87 W
FAYETTEVILLE NC 28306
D E N R
November 3, 1999
Subject: Rescission of NPDES Permit
Permit No. NCS000149
DUPONT-FAYETTEVILLE
BladenCounty
Dear MICHAEL JOHNSON:
RECEIVED
NOV 0 9 1999
FAYETTEVIU.E
REG. C'FFICE
Reference is made to your request for rescission of the subject NPDES Permit.
Staff of the Fayetteville Regional Office have confirmed that this Permit is no longer
required. Therefore, in accordance with your request, NPDES Permit No. NCS000149
is rescinded, effective immediately. It is the policy of this Division to not prorate annual
fees, so your request for a partial rebate of your 1999 fee, will not be made.
If in the future you wish to again discharge wastewater to the Staters surface waters,
you must first apply for and receive a new NPDES Permit. Operating a facility without
a valid NPDES Permit will subject the responsible party to a civil penalty of up to
$10,000 per day.
If it would be helpful to discuss this matter further; I would suggest that you contact
the Water Quality staff, Fayetteville Regional Office at (910) 486-1541.
cc
Sincerel ,
err T. Stevens
Bladen County Health Department
,Fayetteville --Water_Quality_Regional:Superyisorrlw/attachments
Point Source Branch - Bradley Bennett
Operator Training and Certification
Point Source Compliance - Robert Farmer - w/attachments
Mr. Roosevelt Childress, EPA
Central Files - w/attachments
Fran McPherson, DWQ Budget Office
1617 Mail Service Cenler, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 0% post -consumer paper
Cil
NPDES FACILITY AND PERMIT DATA 11/03/99 08:31:30
UPDATE ¢ OPTION TRXID 5NU KEY NCS000149
PERSONAL DATA FACILITY APPLYING FOR PERMIT REGION
FACILITY NAME> DUPONT-FAYETTEVILLE *** COUNTY> BLADEN 06
.ADDRESS: MAILING (REQUIRED) LOCATION (REQUIRED)
STREET: 22828 NC HWY, 87 W STREET: STATE HIGHWAY 87 SOUTH
CITY: FAYETTEVILLE ST NC ZIP 28306 CITY: DUART ST NC ZIP 28392
TELEPHONE 910 678 1155 DATE FEE PAID: 10/01/92 AMOUNT: 400.00
STATE CONTACT> EVANS PERSON IN CHARGE MICHAEL E. JOHNSON
1=PROPOSED,2=EXIST,3=CLOSED 1 1=MAJOR,2=MINOR 2 1=MUN,2=NON-MUN 2
LAT:.3450500 LONG: 07849500 N=NEW,M=MODIFICATION,R=REISSUE> R
DATE APP RCVD 04/05/99 WASTELOAD REQS
DATE STAFF REP REQS / / WASTELOAD RCVD
DATE STAFF REP RCVD / / SCH TO ISSUE
DATE TO P NOTICE / / DATE DRAFT PREPARED
DATE OT AG COM REQS / / DATE DENIED
DATE OT AG COM RCVD / / DATE RETURNED
DATE TO EPA / / DATE ISSUED / / ASSIGN/CHANGE PERMIT
DATE FROM EPA / / EXPIRATION DATE
FEE CODE ( 4 ) 1=(>10MGD),2=(>lMGD),3=(>O.lMGD),4=(<O.1MGD),5=SF,6=(GP25,64,79),
7=(GP49,73)8=(GP76)9=(GP13,34,30,52)0=(NOFEE) DIS/C 73 CONBILL ( }
COMMENTS: NO LONGER HAVE STORMWATER EXPOUSURE/RESCIND PERMIT PER FRO
MESSAGE: *** ENTER DATA FOR UPDATE ***
Subject: NCS000149
Date: Fri, 20 Aug 1999 10:48:28 -0400
From: "Antonio V. Evans, P.E." <tony.evans@ncmail.net>
Organization: N.C. Stormwater and General Permits Unit
To: Ken Averitte WO <Ken Averitte@fro.enr.state.nc.us>
Ken
NCS000149
1 believe we decided to rescind this permit based on my conversation
with Mr. Johnson and your memory. These guys have no stormwater
outfalls to monitor. Is that what you remember?
NPDES Outfall #002 is covered under there wastewater permit
NPDES Outfall #001 is covered under there wastewater permit
NPDES Outfall #004 is a SWMU that has sinced been closed
NPDES Outfall #005 has sheet flow
NPDES Outfall #003 Site plan does not show one
Tony Evans <tony mans@h2o.enr.s1k-ate.nc.us>
Environmental Engineer
Division of Water Qua!ity
North Carolina Department of Environment and Natural Resources
Re: NCS000149 boundary= ------------- AAB6921 E40060CE50497954F
Subject: Re: NCS000149 boundary="-AAB6921 E40060CE50497954F41
Date: Fri, 20 Aug 1999 14:31:24 EST
From: "Ken Averitte WO" <Ken_Averitte@fro.enr.statQ.nc.us>
Organization: NC DENR - Fayetteville
To: "Antonio V. Evans, P.E." <tony.eva, -S@ncmail.net>
sounds right to me.
DuPont Fluoroproducts
22828 NC Highway 87 W
Fayetteville, NC 28348-7332
Gme
DtfPont Fluoro
OCT TP I°�;
DEW ou;" 2 41�nt.fTY
Pornip �
Sou�a 3�ts�,hcst
Mr. Antonio V. Evans
NCDEN R — Division of Water Quality
Stormwater and General Permits Unit
P. O. Box 29535
Raleigh, NC 27626-0535
SUBJECT: Request to Rescind NPDES Stormwater Permit
NPDES Permit No. NCS000149
Dear Mr. Evans,
October 11, 1999
The DuPont — Fayetteville Works hereby requests that the NCDENR Division of Water Quality
rescind the subject NPDES Stormwater Discharge Permit. if your division grants this request,
DuPont would appreciate to receive a written confirmation from DWQ so that we would know if
and when our activities associated with the requirements of the stormwater permit can stop.
When DuPont originally applied for the subject permit, it was believed that there were three
separate stormwater outfalls on this site that would be subject to the requirements of the NPDES
stormwater permitting regulations. Over time, with assistance from the NCDENR DWQ
Stormwater Unit, DuPont has made the following determinations to back this request:
• Outfall 002 is the final effluent outfall regulated by this site's NPDES Wastewater
Discharge Permit (NC0003573), which has more restrictive monitoring requirements than
the NCS000149 permit. Additionally, stormwater comprises a virtually immeasurable
fraction of the Outfall 002 daily flow. Therefore, this outfall need not be regulated by a
separate stormwater permit.
• Outfall 004 receives stormwater runoff from a Solid Waste Management Unit (SWMU)
regulated by the Division of Waste Management. This SWMU is an area where
construction debris from the original facility construction was buried in an underground pit
in 1970. Given the inert nature of the buried material, DWM has give this particular
SWMU a ruling of "no further action" in the site's corrective action program. The belief
that there is no impairment of stormwater from this area is supported by the analytical and
visual monitoring that has been conducted during the past five years. Therefore,
Outfall 004 is not receiving stormwater runoff from an area of industrial activity, and is not
subject to the NPDES stormwater regulations.
• Outfall 005 is only sheet runoff to the Cape Fear River and is therefore not subject to the
NPDES stormwater regulations. 1
E. t. du Pon; de Nemours and Companv ® Printed on Recycled Papei
rLA Rev.6'99
On October 4, 1999, DuPont sent a remittance of $715.00 to NCDENR DWQ for the annual
permit fee. This fee covers the period from 811199 to 7/31/00. If the request to rescind the
subject permit is granted, DuPont requests that NCDENR return a portion of the submitted fee,
representing the nine months (November 1999 through July 2000) that the permit will no longer
be in effect following the rescindment. This amount should be approximately $536.00.
DuPont apologizes for allowing the permit fee remittance to be sent to NCDENR prior to
resolving this issue.
If you have any questions, please feel free to call me at (910) 678-1155.
Environmental Coordinator
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
E. I. DuPont Nemuurs
Attn: Michael E. Johnson -
22828 NC Hwy. S7 W
Fayetteville, North Carolina 28306
Dear Mr. Johnson:
IT1 fflus?t
• •
NCDENR
. NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND ��1®
April 7, 1999 APR 1 2`1999
FAYETTEVi LLE
BEG. OFFICE
Subject: NPDES Permit Renewal Application
Permit Number NCS000149
Individual Stormwater Permit
l3laden County
The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your renewal
application for coverage under NPDES Permit Number NCS000149 on 4/5/99. The submitted renewal package
contained the following items:
i Signed application
Site [nap
> Analytical monitoring results summary
> Visnal monitoring results summary
Best Management Practices summary
Narrative describing significant changes at the permitted facility
Signed Stormwater Poilution Prevention Plan certification
A preliminary review of the submitted renewal application package has been conducted and it appears to be
complete. No further information is required at this time. If you have any questions about the renewal process or
would like to discuss this letter, please contact me at (919) 733-5083. extension 584.
Sincerely,
Original. Sigr►ed, By
Antonia V. Evans, P.E.
cc: Fayetteville Regional Office
Stormwater and General Permits Unit
Central Files
SWU-238-032499
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
- and Natural Resources
"Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
E. 1. DuPont Nemours
Attn: Michael E. Johnson
22828 NC Hwy. 87 W
Fayetteville, North Carolina 28306
Dear Mr. Johnson:
April 7, 1999
A&7 • •
NCDENR
ENVIRONMENT ANp RECEIVE D
APR 1:2 1999
- ... FAYETTEVI LLE . .
REG. OFFICE
Subject: NPDES Permit Renewal Application
Permit Number NCSOOO 149
Individual Stormwater Permit
Bladen County
The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your renewal
application for coverage under NPDES Permit Number NCS000149 on 4/5199. The submitted renewal package
contained the following items:
Signed application
Site map
Analytical monitoring results summary
i Visual monitoring results summary
Best Management Practices summary
i Narrative describing significant changes at the permitted facility
Signed Stormwater Pollution Prevention Plan certification
A preliminary review of the submitted renewal application package has been conducted and it appears to be
complete. No further information is required at this time. If you have any questions about the renewal process or
would like to discuss this letter, please contact me at (919) 733-5083, extension 584.
i ere
Antonio V. Evans. P.E.
cc: Fayetteville Regional Office
Stormwater and General Permits Unit
Central Files
SWU-238-032499
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
. L
DuPont Fluoroproducts
P. 0. Drawer Z
Fayetteville, NC 28302-1770
��U PANT® ... -. .- •. ' . _ --.. .. _ _ ..
DuPont Fluoi-op products RECENT"
- APR 1 2 ' 1999 -
- - - FAYETTEVILL
REG. OFFICE,
April .1;
_ - L
Mr. Tony Evans W
NC DENR —Division of Water Quality
Stormwater and General Permits Unit
P. O. Box 29535
Raleigh, NC 27626-0535
RE: NPDES Permit No. NCS000149
Dear Mr. Evans,
Please find enclosed the required information to renew the subject stormwater
permit. I believe all the requested information has been included, however if you need
additonal information, please call me and I will submit it as soon as possible.
IF you have any questions, please feel free to call me at (Q 1 m r,79_ 1 1 s
Michael E. Johnson
Environmental Manager
Enclosures
E.I. da Pnnt de Nemnws and Cnaapanv O Printv'd or. Rrc;r,led Paner
ILPRAA PERMIT COVERAGE RENEWAL APPLICATION
National Pollutant Discharge Elimination System <-
1 • Stormwater NPDES Permit NCS000.149
E. I. Dupont Nemours RECEIVE
Permit Number NCS000149
Bladen County APR j '2 1999
NCDENR
NORTH CAROLINA DEPARTMENT OF FAYETTEVILLE
ENVIRONMENT AND NATURAL RESOURCES aEG. OFFICE
THIS APPLICATION -MUST.BE SIGNED AND,RETURNED'ALONG WITH THE REQUESTED''
-SUPPLEMENTAL INFORMATION TO THE DIVISION OF WATER QUALITY IMORDER FOR YOUR
FACILITY TO QUALIFY`FOR'RENEWAL-OF YOUR STORMWATER PERMIT NCS000149
- u 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: E. 1. Dupont Nemours
Mailing Address*:
PO DRAWER Z
12828
/VC
1-1wy 87 4t/
FAYETTEVILLE, NC 28302
Location Address:
STATE HIGHWAY 87 SOUTH
DUART, NC 28392
Facility Contact:
MICHAEL MAYBERRY
MICNAcJ.
_E,
.TONNS<.W
Phone Number:
9 /0 - 6 78
-
5
Fax Number:
No number on file
910- 678-
12¢%
E-mail address:
No address on file
n7ichael, e,
icki&crtCL(S,t.
elzzw;r�,Coin
* This is the address
to which all permit correspondence will be mailed
CERTIFICATION
I certify that 1 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.
Signature L- Date _ &L-cJ
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 Peimits Unii
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Attn: Tony Evans
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)
Init
1... A copy of the current -Site Map from the Stormwater_Pollution'Prevention Plan. The m`
location of industrial activities (including storage of.materials; disposal, areas,. process areas
d loading and 6nloading. areas), drainage structures ,.drainage areas'for each outfall,
Can
ilding locations and impervious surfaces should be clearly noted.
summary -of Analytical Monitoring resentsduringtheterm of the existing permit (if your
rmit required analytical sampling). Do not submit individual lab reports. The summary
consist of a table including such items as outfall number, parameters sampled, lab
results, date sampled, and storm event data.
3. A summary of the Visual Monitoring results. Do not submit individual lab reports. The
ummary can consist of a table including such items as outfall number, parameters
surveyed, observations, and date monitoring conducted.
4. A summary of the Best Management Practices utilized at the permitted facility. Summary
should consist of a short narrative description of each BMP's in place at the facility. If the
implementation of any BMP's is planned, please include information on these BMP's.
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
07 changes in the raw materials used by the facility.
6. Certification of the development and implementation of a Stormwater Pollution Prevention
Plan for the permitted facility (Sign and return attached form).
* 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.
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• 'tip ear.,+ -� M----- .�,1 '
�'CL C.LYanq r•e rT i L !0 "m^ ' ll
rool, � So.lrn(
NPDES Stormwater Permit Renewal
Permit Number NCS000149
SUMMARY OF ANALYTICAL MONITORING. RESULTS
SAMPLE
DATE
OUTFALL '
NUMBER-
'TSS '
(m /) .
FLUORIDE
(m " )
RAINFALL
(inches) .
DURATION
(hours)
10/04/95
002
99
2.0
2.0
2.2
if
004
1600
<0. I .
"
11 /02/96
002
9.0
10.1
0.8
7.75
004
8.0
0.14
"
11 /01 /97
004
<3.0
<0.2
0.5
1 1
11 / 17/98
004
34
<0.2
0.7
24
Note: NPDES Wastewater Discharge Permit Number NCO003573 regulates Outfall 002.
Outfall 002 is the main NPDES outfalI of the site and conveys all water discharges to the
Cape Fear River. During the first two years of this Stormwater Permit's existence, the
site monitored Outfall 002 since it discharged stormwater as well as the treated
wastewater and non -contact cooling water. On June 4, 1997, guidance was given to this
site from NC-DENR Division of Water Quality, Stormwater Section, that any stormwater
discharge which is regulated by an NPDES Wastewater Discharge Permit is not subject
to the monitoring requirements of a North Carolina NPDES Stormwater Permit.
Therefore, beginning with the Fall 1997 sampling event, Outfall 002 was no longer
monitored as part of this Stormwater Permit.
NPDES Stormwater Permit Renewal
Permit Number NCS000149
SUMMARY OF VISUAL-MONI-TORING RESULTS
¢ p
"-
Q❑
�_
�
Q
O
DATE
��
O
�=
p
Q
¢��
¢,
�'
¢ o
OZ
OU
0
U
DO
�O
J
w
O
10/04/95
002
Norm
Norm
Clear
None
None
None
None
2.0
2.2
004
Norm
Norm
Cloudy
Some
Some
None
None
07/11/96
002
Norm
Norm
Clear
None
None
None
None
0.15
1.9
of
004
Norm
Norm
Cloudy
None
Some
None
None
11/02/96
002
Norm
Norm
Clear
None
None
None
None
0.8
7.75
004
Norm
Norm
Cloudy
None
None
None
None
04/12/97
002
Norm
Norm
Clear
None
None
None
None
0.75
11.5
"
004
Norm
Norm
Cloudy
None
None
None
None
rp
11/01/97
004
Norm
Norm
Clear
None
None
None
None
0.5
11
04/01 /98
004
Norm
Norm
Clear
None
None
None
None
0.4
0.4
11/17/98
004
Norm
Norm
Clear
I Some
Some
None
None
0.7
24
Note: NPDES Wastewater Discharge Permit Number NCO003573 regulates Outfall 002.
Outfall 002 is the main NPDES outfall of the site and conveys all water discharges to the
Cape Fear River. During the first two years of this Stormwater Permit's existence, the
site monitored Outfall 002 since it discharged stormwater as well as the treated
wastewater and non -contact cooling water. On June 4, 1997, guidance was given to this
site from NC-DENR Division of Water Quality, Stormwater Section, that any stormwater
discharge which is regulated by an NPDES Wastewater Discharge Permit is not subject
to the monitoring requirements of a North Carolina NPDES Stormwater Permit.
Therefore; beginning with.- the Fall 1997 sampling event, Outfall 002 was no longer
monitored as part of this Stormwater Permit.
NPDES Stormwater Permit Renewal
Permit Number NCS000149
SUMMARY OF BEST MANAGEMENT- PRACTICES
! , Flow Diversion Practices — The site's industrial areas are graded or curbed so that stormwater
that falls within the -area associated with industrial activities is conveyed the site's NPDES'
permitted biological wastewater treatment plant for treatment prior to discharge to the Cape
Fear River. This same grading' and curbing also ensures that stormwater falling on. areas not'
associated with industrial activities does not flow onto industrial areas.
• Exposure Minimization Practices — Much of the areas associated with industrial activities are
covered or are wholly within is building. Those areas that are exposed are either diked with
secondary containment or are curbed and drained to the site's wastewater treatment plant.
All drummed material is required to be either on containment pallets or in storage areas with
adequate secondary containment.
• Mitigative Practices -- The site has detailed spill response and clean-up procedures. In the
unlikely event of a release of a solid or liquid material, the area personnel are trained to
contain the spill so as to prevent it's spread, and to then safely clean up the spill, including
the excavation of any contaminated soils.
• Sediment and Erosion Preventative Practices — The site uses good engineering practices to
minimize sedimentation and erosion problems.. Any new ground disturbing activities in
excess of five acres necessitates a Soil Erosion and Sedimentation Control Plan as required
by the Division of Land Resources. For activities that disturb less than five acres, similar
methods would be employed to minimize sedimentation and erosion problems.
• Additional materials management practices are used at this site to prevent stormwater
contamination. These include:
✓ Every manufacturing area conducts routine inspections at least daily.
✓ The site operates under strict procedures that ensure the integrity of rail and truck
shipments.
✓ The plant's SPCC Plan and the operating areas' environmental control plans minimize the
possibility of stormwater contamination.
✓ Loading/unloading operations to and from tankers or railcars are monitored continuously
by either video cameras or area personnel. Each loading/unloading valve not located
within a diked or curbed area must have a drip pan or absorbent pad under the valve
during,loading/unloading operations.
✓ All plant overhead lines are routinely inspected to ensure there are no leaks. Any sign of
a leak is reported to the area supervisor, and is addressed in a timely manner.
✓ All equipment or other material stored as laydown on the site is cleaned prior to being
placed in the laydown area. Equipment and construction materials are to be laid down
only in designated areas.
A L
NPDES Stormwater Permit Renewal
Permit Number NCS000149
SIGNIFICANT CHANGES IN INDUSTRIAL ACTIVITIES
There have been no significant changes to this facility since the initial preparation of the site's
Stormwater Pollution Prevention Plan. Modifications that have occurred have been capacity
.,increases of existing; processes- that did not introduce any new chemicals to the site nor did the
modification increase the risk of'stormwater contamination.
STORMWATER POLLUTION.PREVENTION PLAN Ii
DEVELOPMENT AND,�IMPLEMENTATION , a
CEMRTIFICATION;
N. C. Division of Water Quality, Stormwater and General Permits Unit
Facility Name: E. 1. DUPONT NEMOURS
Permit Number: NCSOOO 149
Location Address: STATE HIGHWAY 87 SOUTH
DUART, NC_ 28392
County: BLADEN '
"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."
"I am aware that there are significant penalties for falsifying information, including the possibility of fines and
imprisonment for knowing violations"
6i
Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND THE
STORMWATER POLLUTION PREVENTION PLAN WITH THE CERTIFICATION.
Print or type name of person signing above
Date��,
Title
SPPP Certificaflon 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
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DUART QUADRANGLE f k r STXf E. OF NU
UNITED STATES NORTH CAROLINA r,! i DEPARTMENT OF
MRTMIENT OF THE INTERIOR 7.5 MINUTE. SERIES (TOPOGRAPHIC) ` iry i s; AND COMMUNI'
SEA SAMT PAM 15' QUADRA?-AP 59 i RAI•EII
GEOLOGICAL SURVEY ;la 4 �i arJ
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STORMWATER DISCHARGE OUTFALL (SDO)
MONITORING REPORT
PERMIT NO. NCS DD0 9 SAMPLES COLLECTED DURING CALENDAR YEAR:%
(all samples collected during a calendar year shall. be reported no later than
January 31 of the following year)
FACILITY NAME COUNTY
PERSON COLLECTING SAMPLE(S)DANNY 824Y<rAWII N ENO. �/�S - S
CF.RT[FIED LAIJORATORY(S) ATEL Lab # 332ZOLA(
Lab # (SIGJNATURE OF PERM EE OR DESIGNEE)
By is signature, I certify that this report is accurate
plete to the best of my knowledge
Part A: Specific Monitoring Requirements
Outfali {4 y 1�
No.
..
w;i' °
:z s' Y
Date= ,
Sanriple
a
Collected .:'�x."
'Y.?n
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RECEIVED-
FEB 1. 2 1999
FAYETTEVILLE
REG. OFFICE
Paige 1 of 2
_, Forni MRNCS
Does this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month? _ yes Xno
(if yes, complete Part B)
Part B: Vehicle Maintenance Aclivity Monitorine Requirements
Oulfall ;°'
No.
Dales R
Sample
Collected :
50050 : ,,
€`
'00556 U_w
01051 ".° ,W.:.
38260;`
Total Flow
�.:'=
Oil and Grease
r e,
JAW: : Total
Recoveeable. 1,
Detergents j
M13AS 2 '3::,
pH ; ,,.
r
New Mawr Oil
Usa e.
$
m °`
unit' X.. ,' x:�
;% mo
Footnotes:
I Applies only for facilities at which fueling occurs.
2 Detergent monitoring is required only at facilities which conduct vehicle cleaning operations.
\STORM EVENT CHARACTERISTICS:
Date
Total Event Precipitation (inches): 0•
Event Duration (hours): �24
(if more than one storm event was sampled)
Dale
Total Event Precipitation (inches):
Event Duration (hours):
n
rn
C__
r�T1
Mail Original and one copy to:
[;
Attn: Central Files
y
N
rr
DEHNR-
r`
oo
Division of Environmental Mgt.
P.O. Sox 29535
M
Raleigh, NC 27626-0535
Cn
"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. 1 am aware that there are significant penalties for submitting false information,
including the possibility of fines and Imprisonment for knowing violations."
nature of Permitlee) (Date)
Page 2 of 2
Form MRNCS
` State of North Carolina
Department of Environment,
Health and Naturai Resources
Division of Environmental Management
dam®
James B. Hunt, Jr., Governor
.Jonathan B. Howes, Secretary ® FE E --f F1
A. Preston Howard, Jr., P.E., Director��._
�t
August 31, 1994 SEP 6 1994
Mr. Michael Mayberry Elul. MANAGEMENT
P.O. Drawer Z FAYETTEVILLE REC. ()FFJ(
Fayetteville, NC 28302
Subject: Permit No. NCS000I49
Dupont -Fayetteville
Bladen County
Dear Mr. Mayberry:
In accordance with your application for a stormwater discharge permit received on October 1,
1992, we are forwarding herewith the subject state - NPDE'S 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 arc
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 1.1, 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 t-egttirennents to obtain other permits which may he
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, Raleich, North Carolina 27626-0535 Telephone 919-733-7015 FAX 91 9-733-2496
An Equal Opportunity Affirinative Action �_7mpioyer 500/b recycied/ 10% post -consumer paper
Perinit No, NCS000149
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATI �1AL POLL TANT DISCHARGE ELIMINATION Y TEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawf ut standards
and regulations promulgated and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended,
E. 1. DuPont de Nemours
is hereby authorized to discharge stormwater from a facility located at
Fayetteville Works
State Highway 87 South
Duart
Bladen County
to receiving waters designated as unnamed tributaries to Cape Fear River, class C streams, in the Cape
Fear River Basin
in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in
Parts I, 11, 111, 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.
c• �•,��ri say
rolee;r
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By the Authority of the Environmental Management Commission
Permit No. NCS000.149
PERMITTED ACTIVITIES
Until this permit expires or is modified or revolted, the permittec 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 It: 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 permitter from responsibility for compliance with any other,
applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree.
Pagc 2
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•
Permit No. NCS000149
PART I
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
SECTION A: FINAL LIMITATIONS AND CONTROLS FQR SIORMWATER DISCHARGES
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 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 11, Standard
Conditions, Section E.8. of this 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:
(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 outtali(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 fl, Standard Conditions, Section
B.9.
Page 4
Permit No. NCS000149
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 permitlee 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 III of the Superfund Amendments and
Reauthorization Act (SARA) water priority chemicals, or storage of hazardous
materials to prevent leaks and spills from contaminating stormwater runoff. If the
secondary containment devices are connected directly to storrnwater 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
storrnwater. 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.
c. 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 runoff 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 of material handling areas and regular cleaning schedules of these areas shall be
incorporated into the program.
C. Employee Training. Training schedules shall be developed and training provided at a
minimum on an annual basisonproper spill response and cleanup procedures and
preventative maintenance activities for all personnel involved in any of the facility's
Paoe 5
Permit No. NCS000149
operations that have the potential to contaminate stonnwater runoff. Facility personnel (or
Learn) 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 positions) assignments provided.
g. Plan Ammcndment. 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 i'or 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
11, 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 1.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. NCS000149
2. Minimum Mantorin. 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. 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.
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 Part 11,
Standard Conditions, Section A). Failure to monitor storm events in accordance with the
specified frequency shall constitute a violation of this permit. 11` the stormwater nmoff 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 11, Standard Conditions, Section A), the pond shall
be considered a non -discharging stormwater control system and not subjcct 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.
C. Analytical results from sampling during the final year of the permit term shall be submitted
with the permit renewal application.
f. 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.
Pate 7
Permit No. NCS000149
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 both analytical and visual monitoring of
stormwater samples. Specific monitoring requirements are defined below.
(I) Analytical Monitoring
Stormwater Discharge
Characteristics
nit
Measurement
_4LC4uenC_y 1
Sample
T c2
Sample
l ocation3
Total Suspended Solids
mgA
annually
Grab
SDO
Fluoride
mEA
annuall
Grab
SDO
Total Rainfall4
inches
Event Duration4
minutes
Total Flow4
MG
SDO
Footnotes:
1 Measurement Frequency: Once per year with samples taken during the sampling
window of April through November. The facility mtlst perform analytical sampling
during the first and last year of the permit term regardless of cut-off concentration
conditions.
2 Sample Type: Defined in Part it, Standard Conditions, Section A.
3 Sample Location: Samples to be taken at each stormwater discharge
outfall (SDO) unless representative outfall status has been granted.
4 For each sampled representative storm event the total precipitation, storm duration,
and total flow must be monitored. Total flow shall be either; (a) measured
continuously, (b) calculated based on the amount of area draining to the outfall, the
amount of built -upon (impervious) area, and the total amount of rainfall, or (c)
estimated by the measurement of flow at 20 minute intervals during the rainfall
event.
(2) Cut-off Concentrations
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
required to maintain facility operations that ensure the continuation of stormwater runoff
duality.
Page 8
Permit No. NCS000149
The permittee must perform analytical sampling during the first and last year of the permit terra
regardless of cut-off concentration conditions. Analytical results from sampling during tic
final year of the permit term must be submitted with the permit. renewal application.
Stormwater Discharg Characteristiu
Cut-off Concentration
Total Sus ended Solids
< 100 mg/l
Fluoride
< 1.8 m /l
(3) 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 otrtfalls does not
need to be performed during a representative storm event.
Stormwater Discharge
Characteristics
Ere uen • l
Monitoring
T e2
MonlLoring
Location3
Color
Semi -Annual
Visual
SDO
Odor
Semi -Annual
Visual
SDO
Clarity
Semi -Annual
Visual
SDO
Floating Solids
Semi -Annual
Visual
SDO
Sus ended Solids
Semi -Annual
Visual
SDO
Foam
Semi -Annual
Visual
SDO
Oil Sheen
Semi -Annual
Visual
SDO
Other obvious indicators
of stormwaLer ollution
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 ouLfall. No analytical testing or sampling is required.
3 Sample Location: Stormwater Discharge Outfall (SDO)
Page 9
Permit No. NCS000149
(4) Analytical Monitoring Requirements for Vehicle Maintenance Activities I
Stormwater Discharge
Characteristics
Unit
Measurement
F -e uenc 2
Sample
TYt?e
Sample
Location3
H
standard
annually
Grab
SDO
Oil and Grease
m
annuall
Grab
SDO
New Motor Oil Usagegallons/month
annually
Estimate
SDO
Total Flow4
MG
annually
Grab
SDO
Lead, Total Recoverable5
un
annually
Grab
SDO
Total Suspended Solids
me
annually
Grab
SDO
Detergents (MBAS)6
mo
annually
Grab
SDO
Footnotes:
1 Stormwater discharges from any vehicle maintenance activity occurring on -site
which uses more than 55 gallons of new motor oil per month when averaged over
the calctndar year shall be monitored by the permittee as specified above.
2 Measurement Frequency: Once per year with sampics taken within the sampling
window of April through November.
3 Sample Location: Samples to • be taken at each storrnwater discharge
outfall (SDO) that discharges stormwater runoff from arca(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.
(5) Cut-off Concentrations for Vehicle Maintenance Activities
The arithmetic mean of all analytical sampling results collected during the tern) 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 permittce is
Page 10
Permit No. NCS000149
required to maintain facility operations that ensure the continuation of stormwater runoff
quality.
The permittee mu t 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 submitted with the permit renewal application.
t rmwatcr Di char e Charactgtjtic5Cut-off
Concentration
H 1
within range 6.0 - 9.0
Oil and Grease
< 30 mg/l
Lead, Total Recoverable
< 0.033 mtill
Total Suspended Solids
< 100 mJl
-Detergents (MBAS)
< 0.50 mall
Footnotes:
1 pi-1 cannot be averaged due to the nature of the Eonariihmic pH scale. The most recent pH
sample result shall be used for cut-off concentration purposes.
page 11
Permit No. NCS0001 49
E TI N B: SCHEDULE OF CQMPUANCE
The permittee shall comply with Final Limitations and Controls specified for storrnwater
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. Permittee shall at all times provide the operation and maintenance necessary to operate the
permitted stormwater controls at optimum efficiency.
Pace 12
Individual Stormwater Page Al
PART II
STANDARD CONDITIONS FOR NPDES STORMWATER PERMITS
Immm 6 ;law
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.
The period from midnight of one day until midnight of the next day. However, for
purposes of this permit, any consecutive 24-hour period that reasonably represents
the calendar day may be used for sampling.
The rainfall runoff from or through any coal storage pile.
Individual Stormwater Page A2
The Division of Environmental Management, Department of Environment, Health
and Natural Resources.
UNIEF-009-478T,
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.
11. 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.
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 part of the
large or medium separate storm sewer system.
13. Qverburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral
deposit, excluding topsoil or similar naturally -occurring surface materials that are
not disturbed by mining operations.
The owner or operator issued a permit.
• 1 • . - r ;.. --
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.
.•• • 1
The fraction of total rainfall that is not infiltrated into or otherwise retained by the
soil, concrete, asphalt or other surface upon which it falls that will appear at the
conveyance as runoff.
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event-
' -•1 ► e 1••• 1-•1
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 part 122 on either Table II
(organic priority pollutants), Table III (certain metals, cyanides, and
phenols) or Table IV (certain toxic pollutants and hazardous
substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A)
of the CWA at 40 CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water
quality criteria.
Includes, but is not limited to: raw materials; fuels; materials such as solvents,
detergents, and plastic pellets; finished materials such as metallic products; raw
materials used in food processing or production; hazardous substances designated
under section 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.
Individual Stormwater Page A4
21. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR
110.10 and CFR I I7".2T) dr section-107 of CERC1 A (Kef- 40 CFR 302.4).
+M i
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
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;
i. 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;
j. Construction activity including clearing, grading and excavation activities
except: operations that result in the disturbance of less that five acres of total
land area which are not part of a larger common plan of development or
sale;
k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434,
25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441),
35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise
included within (a)-O) 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.
The flow corresponding to the time period over which the sample collection occurs.
The total flow calculated based on the size of the area draining to the outfall, the
amount of the built -upon (impervious) surfaces within the drainage area, and the
total amount of rainfall occurring during the sampling period.
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
27. Types of Samples
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,-gravity;•vrice: from -its site of origin which can be seen
with the unaided eye.
Individual Stormwater Page A7
�j :_ __ .'i[1
Any non -containerized accumulation of solid, non -flowing waste that is used for
treatment or storage.
• title+n+
The maximum 24-hour precipitation event expected to be equaled or exceeded, on
the average, once in 25 years.
Individual Stormwater Page A8
r.o) a 3 gel M -2) 10191, 1. 4 L616M r1r[owl
1. Duty tom
The pen-nittee must comply with all cvndition"f 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 U SC 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 II penalty not to exceed $125,000.
2. Duty to Utigate
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, C.3.), nothing in
this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-2I5.3,143-215.6A,
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 143-215.75 et seq. or
Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
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. SeverabiliZy
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:
(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
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 milhon•(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.
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."
The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 40, Code of
Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute
143-215.1 et. al.
Individual Stormwater Page Al I
' ' at : 4
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.
ei I towswei' .T r• :ur „:0 .: # '• sr• • r:•
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. 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 II, E. 5. of this permit. (24-
hour notice).
d. Prohibition of Bypass
Bypass is prohibited and the Director may take enforcement action against a
permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe
property damage;
(2) There were no feasible alternatives to the bypass, such as the use of
auxiliary control facilities, retention of stonnwater or maintenance during
normal periods of equipment downtime . 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. Upsets
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 perminee 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;
4 Individual Stormwater Page A13
(2) The permitted facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II, E. 5. (b)
(B) of this permit.
(4) The permittee complied with any remedial measures required under Part U,
A. 2. of this permit.
d. Burden of Proof
In any enforcement proceeding the permittee seeking to establish the occurrence of
an upset has the burden of proof.
Samples collected and measurements taken, as required herein, shall be
characteristic of the volume and nature of the permitted discharge. Samples shall be
taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. Monitoring points shall not be changed without notification to
and approval of the Director.
Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent
with accepted scientific practices shall be selected and used to ensure the accuracy
and reliability of measurements of the volume of monitored discharges.
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to 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 levels that are below the permit
discharge requirements and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure. If no approved
Individual Stormwater Page A14 . ' * 2 '
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 alloriginal strip chart recordings for
continuous monitoring instrumentation, copies of all reports required by this
permit, for a period of at least S years from the date of the sample, measurement,
report or application. This period may be extended by request of the Director at any
time.
For each measurement, sample, inspection or maintenance activity performed or
taken pursuant to the requirements of this permit, the permittee shall record the
following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b . The individual(s) who performed the sampling, measurements, inspection
or maintenance activity;
The date(s) analyses were performed;
d . The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
The results of such analyses.
The 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 tunes, any records that must be kept
under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring
and control equipment), practices, or operations regulated or required under
this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
The permittee shall give notice to the Director as soon as possible of any planned
physical alterations or additions to the permitted facility. Notice is required only
when:
a. The alteration or addition to a permitted facility may meet one of the criteria
for determining whether a facility is a new source in 40 CFR Part 122.29
(b); or
b. The alteration or addition could significantly change the nature or increase
the quantity of pollutants discharged. This notification applies to pollutants
which are subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR Part 122.42 (a) (1).
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.
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$eports
Monitoring results shall be reported at the intervals specified elsewhere in this
permit.
5. Twenty-four Hour Reprting
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 A16 , - • t
of the circumstances. A written submission shall also be provided within 5 days of
the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its
causes; the period of'noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the noncompliance.
b. The following shall be included as information which must be reported within 24
hours under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the
permit.
(2) Any upset which exceeds any effluent limitation in the permit
(3) Violation of a maximum daily discharge limitation for any of the pollutants
listed by the Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24
hours.
The permittee shall report all instances of noncompliance not reported under Part II.
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.
FI;ili•�
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
.0 .a` ..�
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 A17
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 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 permit.
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