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NCS000267_COMPLETE FILE - HISTORICAL_20091009
STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. DOC TYPE ❑COMPLETE FILE -HISTORICAL DATE OF RESCISSION o ao�y�oo9 YYYYMMDD filmA aorra�or NcDENR North Carolina Department of Environment and Natural R Beverly Eaves Perdue Governor Ms. Penny M. Byrd American Inks and Coatings 120 Regent Drive Winston-Salem, NC 27103 Dear Ms. Byrd: Division of Water Quality Coleen H. Sullins Director October 9, 2009 Subject: Rescission of NPDES Individual Permit Individual Permit Number NCS000267 American Inks and Coatings Forsyth County RECEIVED N.C. Deot of ENR OCT 14 2009 Win$tcn•Sarem G RgionalOffice Dee Freeman Secretary On October 5, 2009, the Division of Water Quality received your request to rescind you coverage under Individual Permit Number NCS000267. In accordance with your request NCS000267 is rescinded, effective immediately. Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to waters of the State without valid coverage under an NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per day. It is the intention of DWQ that enforcement proceedings will occur for persons that have voluntarily relinquished permit coverage when, in fact, continuing permit coverage was necessary. If, in retrospect, you feel the site still requires , �... permit coverage, you should notify this office immediately. Furthermore, if in the future you wish to again discharge to the State's surface waters, you must first apply for and receive a new NPDES pennit. If the facility is in the process of being sold, you will be performing a public service if you would inform the new or prospective owners of their potential need for NPDES permit coverage. If you have questions about this matter, please contact Sarah Young at (919) 807-6303, or the Water Quality staff in our Winston-Salem Regional Office at 910-771-5000. Sincerely, Coleen H. Sullins cc: Winston-Salem Regional Office -Rose Pruitt Storrnwater Permitting Unit DWQ Central Files - w/attachments Fran McPherson, DWQ Budget Office Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807.63001 FAX: 919t07-64941 Customer Service: 1-877.623.6748 Internet: www.ncwaterqualif .org An Equal Opportunity l AKrmat}yeAction Employer NorthCarolina Naturally. AMERICAN INKS AND COATINGS September 8, 2009 Ms. Rose Pruitt NCDENR-DWQ Winston-Salem Regional Office Division of Water Quality, Surface Water Protection 585 Waughtown Street Winston-Salem, NC 27107 RE: Stormwater Permit: NCS000267 Dear Ms. Pruitt: We have vacated the facility for above permit: 3755 Kimwell Drive, Winston-Salem, NC 27103. We have sold that facility as of 09-04-09. We are requesting the Stormwater Permit NCS000267 be rescinded effective 09-04-09. Thank you, Penny M. Byrd Assistant General Manager American Inks & Coatings Corp. 120 Regent Drive, Winston-Salem, NC 27103 Phone:336 765-4950 Fax:336 768-3490 QUALITY: AN AMERICAN TRADITION Pruitt, Rose From: Penny Byrd [pbyrd@americaninks.comj Sent: Tuesday, September 08, 2009 10:33 AM To: Pruitt, Rose Cc: Ron Reagan Subject: Rescinding Stormwater Permit NCS000267.pdf Attachments: Rescinding Stormwater Permit NCS000267.pdf Per your last email — here is that letter requesting stormwater permit be rescinded. Thank you for your help, Penny Byrd Assistant G.M.1 Purchasing Manager American Inks & Coatings Corporation 120 Regent Drive Stratford Industrial Park Winston-Salem, NC 27103 336-765-4950 phone 336-768-3490 fax pbyrd(cDamericaninks.com Pruitt, Rose From: Penny Byrd [pbyrd@americaninks.com) Sent: Thursday, August 27, 2009 11:04 AM To: rose.pruitt@ncmail.net Subject: Question Regarding Stormwater Permit: NCS000267 Good morning, I am inquiring about the vacant facility at 3755 Kimwell Drive -- We surely qualify for "No -Exposure Certification" for this property now. How do I go about canceling this stormwater permit that is not up until 2011? Please advise when you can. Thank you, Penny Byrd Assistant G.M.1 Purchasing Manager American Inks & Coatings Corporation U0 Regent Drive Stratford Industrial Park Winston-Salem, NC 27103 336-765.4950 phone 336-768-3490 fax pbyrd@americaninks.com II- /"°'� �/ .1 pa //,/V� 1 Compliance Inspection Report Permit: NCS000267 Effective: 04/01/06 Expiration: 03/31/11 Owner: American Inks & Coatings Corp SOC: Effective: Expiration: Facility: American Inks & Coatings Corp County: Forsyth 3755 Kimweil Dr Region: Winston-Salem Winston Salem NC 27103 Contact Person: Joseph Yancey Title: Phone: 870-942-2662 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 09/01/2009 Entry Time: 11:00 AM Primary Inspector: Rose Pruitt Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: 0 Compliant n Not Compliant Question Areas: ® Storm Water (See attachment summary) Exit Time: 11:10 AM Phone: 336-771-5000 Inspection Type: Compliance Evaluation Page. 1 Permit: NCS000267 Owner- Facility: American Inks & Coatings Corp Inspection Date: 09/01/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Site visit 09/01/2009. Facility vacated, OK to rescind permit. Page: 2 February 17, 2009 Mr. Ron Reagan General Manager American Inks & Coatings 3755 Kimwell Drive' Winston-Salem, N.C. 27106 Dear Mr. Reagan: The Stormwater Division of the City of Winston-Salem would like to thank you for your time and professional courtesy regarding the September 11, 2008 inspection of American Inks & Coatings. As per your request, a photocopy of the completed inspection form has been enclosed to you. The Stormwater Division is requesting notification upon completion of annotations # 1 - 8 that are denoted in Part 4, Required Actions to be completed by the Facility, which is located on your surface water inspection form. Upon notification, an informal inspection will be scheduled for verification purposes. Thank you for your continued support and implementation of the City of Winston-Salem's Stormwater Program. If you have any questions, please feel free to contact me at (336) 727-2729. Sincerely, Donald P. Donadio Stormwater Industrial Inspector City of Winston-Salem Cc: Rose Pruitt, Environmental Specialist with the North Carolina Division of Water Quality I Y.v 7 t , !, , lm4� 4L '14 P �AT &6� 'j" V�q lI, Y, r,, 41, m 46� City of Winston-Salem Stormwater Division Part 1 - General Information A) Official Company Name: Surface Water Inspection for Industrial Sites American Inks and Coatings B) 1. Physical Address: 3755 Kimwell Drive Winston-Salem, NC 27103 2. Telephone Number: 336-765-4950 C) Mailing Address, if different from above address: D) 1. Primary contact who is authorized to represent company in official business: Ron Reagan Title: General Manager Contact number: (336)765-4950 2. Secondary contact: Galen Lail Title: Prilnci al Emergency Coordinator Contact number: (336)765-4950 E) SIC Code Number of business: ►:• F) NC Stormwater NPDES Permit Number: NCS000267 Facility Type Manufacturer of various inks and coatings for use in the commecial packaging industry. G) Any other control authority permit(s) (ex.: air control, wastewater, hazardous waste) & number(s): no H) Brief description of manufacturing process of products produced on site: Production of inks, pints, and coatings_ used in the commercial printing industry. 1) Receiving Water(s)IMS4: Salem Creek 1. Best Management Practices a. List the non/structural controls employed by the facility 1. Spill kit located at the shipping and receiving area. 2. Good house keeping ractices; property is policed for litter and stormwater staff observed no debris outdoors at time of inspection. 3. Regular inspection of release valve for containment system and supply lines at the chemical tank farm. 4, The ink mixing room has twos ill kits that are located in strategic and convenient locations. 5. Wooden pallets are free of product when stored outdoors. b. Are the BMPs reasonable & appropriate for the facility FxY�Y'�yes no Corments: Capacity of spill kit at shipping and receiving area should be upgraded to 50 gallons. c. Are BMPs installed correctly, maintained, and effective operating condition? x7'.' yes Comments: 2. Provide a brief description of other controls that manage/prevent/minimize stormwater runoff (e.g., erosion and sediment controls, inlet protection/control at storm drains, diversion structures): 1. American Inks and Coatings maintains a vegetated buffer around the perimeter of the facility. Part 2 - Miscellaneous 1. Any evidence of discharge to receiving waters/MS4? (e.g.: stormwater runoff, dry weather discharge, co -mingling of process wastewater): x '-Yes No Comments: Secondary containment area (where mixina tanks are stored) has a shill kit but it was not easily accessible and the release valve was left in the open position- your permit requires that the release valve must -be in a locked and secured position. All containment drainage valves must have locking mechanism'. 2) Do the stormwater outfalls on -site correspond with those listed on the site map and in SPPP? (xY Yes No NIA Comments: Outfall #1 needs pipe reattached; it is a sediment gain source to Salem Creek. SPPP'.Review.(can' be'coi� 16 ed in office}, General NOTES 1) Is there a SPPP? ::,.Yes'-" No 2) Does SPPP identify a specific position(s) for responsible party purposes (e.g.- overall. coordination, development, implementation, & revision No .Yes i.7 3) Does SPPP designate facility personnel responsible for implementing SPR? _ Yes-, No 4 Does SPPP include a certification statement? Yes No ... 5) Are employee training records regarding stormwater pollution prevention topics included in SPPP? Yes 7„ No -No- Comments: 1) Annual training records were not on hand at the inspection time. 2 Need a signed certification SWPPP statement incorporated into the plan. Please refer to Part III Section B(5)c of your permit for further technical auidance. Site Map NOTES 1 1s there a site map? ,Yes, : No 2 Drainage atternsloutfalls Yes No 3)gdentification of potential pollutants likely to be discharged from each drainage area? Yes '' 'No 4) Narrative Description and locations of (check if present): 1. Storage Practices 2. Unloading/Loading activities 3, Outdoor processes 4. Particulate generating/control processes 5, Waste Disposal x x' x 5 Name of receiving waters or MS4's listed? 'Yes' No 6) Locations of significant materials exposed to stormwater? No Yes 7) Locations and descriptions of major spills occurring within the the 3 pervious years (wl corrective actions to prevent future spills)? No Yei- --I Stormwater Controls NOTES 1) Does the SPPP describe the non-structural controls that will be used to prevent/reduce discharge of pollutants in stormwater runoff? No ',Yes . 2) Does the SPPP describe the structural controls that will be used to prevent/reduce discharge of pollutants in stormwater runoff? No Yes 'J 3) Does the SPPP describe other controls that will be used to prevent/reduce off -site tracking or blowing of sediment, dust, and raw, final, or waste products, or other solid materials and floatin debris? No Yes-- 4) Does the SPPP incorporate the 8 baseline controls (good housekeeping, BMP summary, feasibility study, PM, SPR procedures, facility inspections, and comprehensive site evaluations, employee training, secondary containment, and sediment control? No `Yes,. 5) Does SPPP contain completed routine inspection reports/logs regarding reportable implementation of the 8 baseline controls? Yes Preventive maintenance and facility inspection records not present during inspection No;,; 6) Does the SPPP describe the pollutant or activity to be controlled by BMP's and assessed the need of implementation through data collected? No Yes Non-stormwater Discharges NOTES 1) Certification that the facility has been tested for non-stormwater discharges from the site? �`Yes,ue. No 2) Description of testing method, drainage points, observed results, date, and signature? Yes No geed to include determination method for certification statement Monitoring NOTES 1) Are samples collected within 30 minutes of measurable weather events occurring 72 hours after previous measurable weather event? Yes No NIA 2) Were samples collected and preserved in accordance with 40 CFR 136? Yes No 3) Was proper chain -of -custody procedures followed? `Yes No 4) Was analytical and qualitative monitoring complete? Any exceedences of pollutant parameters in regards to cutoff concentrations/effluent limits? Yes Yes No No sampling records for Zoos N_ o Pa t',4 =Required •A66R:�fo be` completed by Facility: ' 1) Increase capacity of spill kit in shipping/receiving area to at least 50 gallons. Outside spill kit must be accessible in concrete pad hazardous waste_ storage area. ^ g capability in question include the tank farm, 2 Install locking ca abilit on all release valves for bulk containment; the areas fuel oil containment, and waste area. 3 Records for the employee training fors ill res onse, lease submit to the Stormwater Division, 4) Outfall #1 piping needs to be reconnected or stabilized to reduce sediment loading to Salem Creek. _ 5) Sheet flow, drainage area, ercentage of impervious areas, and adjacent stream must be incorporated on site maps. 6) Spill response plan needs to list licensed remediation service for containment and clean up of large spills. 7)Certification of non stormwater discharge must list method of determination. 8 Produce analytical and qualitative monitoring records for 2008 and submit to the Stormwater Division. _ 9) As per permit requirements, please incorporate in the SWPPP a narrative description of potential pollutants that could be ex2ected to be present in the stormwater discharge of each outfall. 10 Create and include a SWPPP certification statement in the plan. Please refer to Part III Section B 5 c of your permit 11) Please include the visual observations of 'sheen' and 'dry weather flows' to your secondary_ containment release log sheet. Educational resources: NC Stormwater Manual for Industrial Users: http;//h2o.enr.state.nc.us/su/PDF Files/SW Documents/SWPPP GD.PDF Company representative(s) that participated in inspection: Galen tail Title: Principal Emergency Coordinator Start of Inspection: 9:00 AM Completion of Inspection: Date: 9/11/2008 1:00 PM Signature of City Stormwater Inspector: Don Donadio Title: Stormwater Industrial Inspector NCS000267 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, American Inks & Coatings Corporation is hereby authorized to discharge stormwater from a facility located at American Inks & Coatings Corporation 3755 Kimwell Drive Winston-Salem, NC Forsyth County to receiving waters designated as an unnamed tributary (UT) to Salem Creek, a class C stream in the Yadkin -Pee Dee River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, Il, L11, IV, V and VI hereof. This permit shall become effective April 1, 2006. This permit and the authorization to discharge shall expire at midnight on March 31, 2011. Signed this day March 27, 2006. for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000267 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART It MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAI PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability S. Duty to Provide Information 4. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers u Permit No. NCS000267 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls I . Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5.. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements i . Discharge Monitoring Reports 2, Submitting Reports 3. Availability of Reports 4.- Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART, IV LIMITATIONS REOPINER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS Permit No. NCS000267 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 perinit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. The discharges allowed by this individual permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000267 ''Aly gj;�" f ���� =,� •• Y i !r. �'L''Y�.:�gt- + • . rr'` --. tiL ,6i3'�I ' •��; 1', ,�i ` ' � � ��}@'1 (] 1 fir, - �-+y+fii'�, `�- r`.`,'"Cf �- , ':�`, � .`� � ' � fir^ '..J � �• �-----,�' —• 1 Irk �- , �P � � � r i t �' - r• 'LY". ``:,•,'�" • �' � r- t ±1�� ��-.�j/+i [jig ,�� 1. .' .���''�"' a , � , N • _ i ((/ ,� { "r tom. —. - r� i�•• '� v � r.JJ�I f f �_� ��,? i ^ ?�'? ��;. ���[?, t�L • _,,,t�11 •.��i,�y -�'ij ��`wi j' f,.. ��y ����_ l ���• r�+•�•'S. ��V�••`��•f�-} �6r ,` . f :%:;_: t r',�� t� "� : >-�'•�` 1`e American Inks & ti-�• '� i i,•�w r- �:� ,marts , ,' —' w _`�' Coatings Corporation '�- � '4� � �r `-'' � �� rfil -' �'o.J. . �, � 4.,.5_� �,1� rr T;.1 �S.r^•- � .�"f,//,. 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Facility Longitude: 8U" ] 9.1 ," , V �./VOoo/•'V ■ County: f;or.syth American Inks & Location Stream Class: C Coatings Corporation Receiving Strearn: EST try Salem Creek WAIT 1:24,000 Sub -basin: 03-07-04 (Yadkin -Per: Dee 16,,cr. B isin) [ffotth Part I Page 2 of 2 Permit No. NCS000267 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. A site map drawn to scale with the following items: (1) Distance legend and north arrow (2) Location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas) (3) Drainage structures (4) Delineated drainage areas for each outfall (5) Drainage area for each outfall in acres and percentage of each drainage area that is impervious (6) Building locations (7) Existing BMPs and impervious surfaces (8) For each outfall, a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge. d. A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. Part I1 Page 1 of 8 Permit No. NCS000267 2. Stormwater Management Plan. "rhe stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. b. Secondary Containment Schedule. 'A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title 111 of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills frorn contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. C. 13MP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. facility personnel (or team) responsible for implementing the: SPRP 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 Part I1 Page 2 or 8 Permit No. NCS000267 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. S. Employee Training. Training schedules shall be developed and training provided at a minimum -on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall Part 11 Page 3 of 8 Kermit No, NCSOD0267 be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part 11 Page 4 of 8 Permit No. NCS000267 SECTION B: ANALYTICAL MONITORING REQUIREMENT'S During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 10 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 10 analytical samplings in accordance with the schedule specified below in Table 2. Monitoring results shall be compared to the benchmark values in Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for the permittee's- Stormwater Pollution Prevention Plan (SPPP). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Table 1. Analytical Monitoring Requirements Discharge 5 r 9 ; Measurement Frequency. Sample , Sample .I: _ ^ejf - = a€a;y i e?�` -, y d ...ti -! 'L"oeation3 u ;CharacteristicsUn�ts z =�T Chemical Ox en Demand m /l Semi-annually Grab SDO Total Suspended Solids MO Semi-annually Grab SDO Oil and Grease T /1 Semi-annually Grab SDO H standard Semi-annually Grab SDO Total Rainfall inches Semi -Annually Rainfall Event Duration minutes Semi -Annually Footnotes: 1 Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). See Table 2 for schedule of monitoring periods. 2 if the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. Part II Page 5 of 8 Permit No. NCS000267 Table 2. Monitoring Schedule Monitoring period" 'Sample Number: t Start '', :.End' Year I — Spring 1 April 1, 2006 June 30, 2006 Year 1 — Fall 2 September 1, 2006 November 30, 2006 Year 2 — Spring 3 April 1, 2007 June 30, 2007 Year 2 — Fall 4 September 1, 2007 November 30, 2007 Year 3 — Spring 5 April 1, 2008 June 30, 2008 Year 3 — Fall - 6 September 1, 2008 November 30, 2008 Year 4 — Spring 7 April 1, 2009 June 30, 2009 Year 4 — Fall 8 September 1, 2009 November 30, 2009 Year 5 — Spring 9 April 1, 2010 June 30, 2010 Year 5--Fall 10 September 1, 2010 1 November 30, 2010 1,00cnotes: 1 Maintain semi-annual monitoring during permit renewal process. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics., _ ;'Units _ -,I3encliniark Chemical Oxygen Demand mg/1 120 "Total Suspended Solids mg/1 100 Oil and Grease mg/l 30 pH standard 6-9 This site discharges to impaired waters experiencing problems with fecal coliform bacteria and impaired biological integrity (unidentified stressors). If a Total Maximum Daily Load (TMDIL) is approved for this segment of Salem Creek, the Permittee may be required to monitor for the pollutant(s) of concern in the future and submit.results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the Permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan, Part 11 Page 6 of 8 Permit No. NCS000267 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 4. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls is performed when stormwater discharge occurs but does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Pennittee 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 4. Qualitative Monitoring Requirements Dtscliarge Charac#eristjcs'f y '7' 4Frequency a. Monitor�ng;y Color Semi-annually SDO Odor Semi-annually SDO Clarity Serni-annually SDO Floating Solids Semi-annually SDO Suspended Solids Semi-annually SDO Foam Semi-annually SDO Oil Sheen Semi-annually SDO Other obvious indicators of stormwater ollution Semi-annually SDO Footnotes: I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. Part II Page 7 of 8 Permit No. NCS000267 All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 10 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 10 analytical samplings in accordance with the schedule specified in Table 2 (Section B). Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge,Characteristics 7.,� � ,'-Units; f t, Measurement :,`Fre uenc l �� Sample ' '' tT e2 H•, Sample ,. "Loci i6W H standard Semi-annually Grab SDO Oil and Grease m /l Semi-annually Grab SDO Total suspended Solids m /l Semi-annually Grab SDO New Motor Oil Usagegallons/month Semi-annually Estimate - Total Rainfall inches Semi-annually Rainfall Event Duration minutes Semi-annually Footnotes: 1 Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). See Table 2 (Section B) 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 (SILO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring . Ns 'W'r"e`'Chard&Vri 'iics . ;l "tUnits` , ; " '` " '" ``'Benchrxiiark'< Total Suspended Solids mg/l 100 Oil and Grease mgll 30 PH standard 6-9 Part II Page 8 of 8 Permit No, NCS000267 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented 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 I1, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-2I5.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class 1 violations are not to exceed $11,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $27,500. Penalties for Class 11 violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $137,500. Part III Page 1 of 8 Permit No. NCS000267 DULY to ;vlitip-ate 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 Civil and Criminal Liabilitv Except as provided in Part I11, 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, 143-215.6B, 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. Oil and Hazardous Substance Liabilit 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 ct seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Ri l� its The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application Of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the Permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 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 fora violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Partill Page 2 of 8 Permit No. NCS000267 permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL. CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 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 sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 Permit No. NCS000267 matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 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. 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 lMlier_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 systctns which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and 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 PartIll Page 4 of 8 Permit No. NCS000267 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 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. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f, The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce mini murn detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Part III Page 5 of 8 Permit No. NCS000267 Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the pertn:ttee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stonnwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The . permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Inspection and 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 stortn sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699- l G l 7 Part III Page 6 of 8 Permit No. NCS000267 Availability_ of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act, 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. 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. Part Ill Page 7 of 8 Permit No. NCS000267 10. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000267 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. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page 1 of 5 Permit No. NCS000267 5. Bypass A bypass is the known diversion of storrnwater from any portion of a storrnwater 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 sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land Ireatment 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 storrnwater 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. NCS000267 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point_Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 19. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 20. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 21. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priority_Chemical A chemical or chemical category wltich: 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 I1I, Section 313 reporting requirements; and That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table lI (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the CWA at 40 CPR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS000267 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, SiQnificant 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 stormwatcr discharges. 25. Significant Stills 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 1 17.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying gormwater 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 storniwater 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 Carofina 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. Part V 1 Page 4 of 5 Pages Permit No. NCS000267 31. Total Maximum Daily Load (TMD11) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TiV1DL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. 32. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 33, upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation, 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25-year, 24 hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages .r� =0F WAT�c�P _O G 7 y` Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources p N, Alan W. Klimek, P.E., Director Division of Water Quality March 27, 2006 RECEIVED N.C, VCPt. W ENA Ms. Penny M. Byrd MAR 2 American Inks and Coatings Corp. in�F 3755 KimwelI Drive"'irf�ton-Saterr Winston-Salem, North Carolina 27103 19ionaf office Subject: Final NPDES Stormwater Permit Permit No. NCS000267 American Inks & Coatings Corporation Forsyth County Dear Ms. Byrd: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000267, the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9,1994 (or as subsequently amended). This final permit contains no significant changes from the draft permit sent to you on February 1, 2006. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed 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. PIease take notice this permit is not transferable. Part III, 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 Iegal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. North Carolina Division of Water Quality (919) 733-7015 1617 Mail Service Center FAX (919) 733-0719 Raleigh, North Carolina 27699-1617 on the Internet at http://fi2o.enr.state.nc.us/ Ms. Penny Byrd American Inks and Coatings, Inc. Permit No. NCS000267 March 27, 2006 Page 2 If you have any questions or comments concerning this permit, contact Bethany Georgoulias at (919) 733- 5083 x 529 or bethany.geor&2u]ias@ncmail.net. Sincerely, OWG1NAl. SIGNED raY SPAD-LEY BENNETr ORIGINAL SIGNED BY sfogAlan)W9Klimelj; '.E., Director :I cc: Winston-Salem Regional Office, Water Quality Section t Mike Mitchell, EPA Region IVr'fGjN�� Stormwater Permitting Unit BRADI Central Files , Attachments I Pi NCsaoo267 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, American Inks & Coatings Corporation is hereby authorized to discharge stormwater from a facility located at American Inks & Coatings Corporation 3755 Kirnwell Drive Winston-Salem, NC' Forsyth County to receiving waters designated as an unnamed tributary (UT) to Salem Creek, a class C stream in the Yadkin -Pee Dee River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. This permit shall become effective April 1, 2006. This permit and the authorization to.discharge shall expire at midnight on March 31, 2011. Signed this day March 27, 2006. ORIGINAL SIGNED BY 13RADLEY BENNET`f for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000267 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. - Representative Sampling 2.. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative 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 if SECTION C: LOCATION MAP Permit No. NCS000267 Latitude: 36'02'41" NCS000267 Facility Longitude: 80"19'12" s r� a �� County: Forsyth American Inks & Location �� ' A Stream Class: C Coatings Corporation Receiving Stream: UT to Salem Creek Sub -basin: 03-07-04 (Yadkin -Pee Dee Rig=er Basin) rXO-Cth ICAL11 114,e00 Part I Page 2 of 2 , Permit No. NCS000267 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the technical and economic feasibility of changing; the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting; the stormwater runoff away from areas of potential contamination. b. Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for'color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored.within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. c. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP 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 Part II Page 2 of 8 Permit No. NCS000267 be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part I1 Page 4 of 8 Permit No. NCS000267 Table 2. Monitoring Schedule Monitoring' perioilr .Sample Number ' '` Start i`" ' ';A ,zEnd � ``" ' k' Year 1 — Spring 1 April 1, 2006 June 30, 2006 Year I — Fall 2 September 1, 2006 November 30, 2006 Year 2 — Spring 3 April 1, 2007 June 30, 2007 Year 2 — Fall 4 September 1, 2007 November 30, 2007 Year 3 — Spring 5 April 1, 2008 June 30, 2008 Year 3 — Fall 6 September 1, 2008 November 30, 2008 Year 4 — Spring 7 April 1, 2009 June 30, 2009 Year 4 — Fall 8 September 1, 2009 November 30, 2009 Year 5 — Spring 9 April 1, 2010 June 30, 2010 Year 5 — Fall 10 September 1, 2010 November 30, 2010 Footnotes: I Maintain semi-annual monitoring; during permit renewal process. Table 3. Benchmark Values for Analytical Monitoring D „';,,.,' . iseharge Characteristics F ��` Units s� "w5` F �' % �,i3en'chma ��' " rk Chemical Oxygen Demand mg/I 120 Total Suspended Solids mg/1 100 Oil and Grease mg/I 30 pH standard 6-9 This site discharges to impaired waters experiencing problems with fecal coliform bacteria and impaired biological integrity (unidentified stressors). If. a Total Maximum Daily Load (TMDL) is approved for this segment of Salem Creek, the Permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the Permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the -permitted Stormwater Pollution Prevention Plan. Part I l Page 6 of 8 Permit No. NCS000267 Ail analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 10 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 10 analytical samplings in accordance with the schedule specified in Table 2 (Section B). Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). The pertittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Table 5. . Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Charactcristus Y, Measurement P �� ��r ,Sam le a� i, Sam IeYil ;;:. Fre Locahon3. uenc -'.. , . . „T e24? .. i-I standard Semi-annually Grab SDO Oil and Grease m /l Semi-annually Grab SDO Total suspended Solids m /I Semi-annually Grab SDO New Motor Oil Usage allons/month Semi-annually Estimate - Total Rainfall inches Semi-annually Rainfall Event Duration minutes Semi-annually Footnotes: 1 Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November), See Table 2 (Section B) 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. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristtcs�l' iG Units 13enclimark Total Suspended Solids mg/1 100 Oil and Grease mg/1 30 pl-1 standard 6-9 Part 11Page 8 of 8 Permit No. NCS000267 3. Duty to Mitiaate 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, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321, 6. Property Rights The issuance of this individual permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual PartI l l Page 2 of 8 Permit No. NCS000267 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." 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 A 100; and North Carolina General Statute 143-215.1 et. al. 5. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. 2. - - Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry PartI II Page 4 of 8 Permit No. NCS000267 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stonnwater 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. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS I . Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director, Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part Ill Page 6 of 8 Permit No. NCS000267 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 ill Page 8 o f 8 , Permit No. NCS000267 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 sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act, 13, Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. Part V[ Page 2 of 5 Pages Permit No. NCS000267 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 Ill of SA RA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 25. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 26. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 27. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 28. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 29. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. 30. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total now shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Part VI Page 4 of 5 Pages RL August 14, 2006 AMERICAN INKS AND COATINGS CORP. J LOCri']1Cl\S: 15iLLGl' I�Oft(7L, E ii � ]iIC11,11(:1NI). \'ri • E�LOREi,\Cli. Kl' � 11'I\S'r(1\'-S;VJi11. ,\,C:. NC DENR Division of Water Quality Water Quality Section ATTENTION: Central Files 1628 Mail Service Center Raleigh, NC 27699-1628 Dear Sir or Madam: RFCEIVED �%� tvinsfon-:alNm Hegional Office Per American Inks and Coatings Corporation's NPDES Storrnwater Permit No. NCS000267, I am submitting signed copies of SDO Qualitative Monitoring Reports and SDO Analytical Monitoring Reports. Sincerely, Galen Lail American Inks & Coatings Corp. Cc: Joe Yancey — AIC-VF 3755 KININVELL DRIVE • WINSTON-SALEAM, NC 27103 • 336 765-45 5,0 • 171, X 768-3490 QUALITY: AN AMERICAN-ITIADITION Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report Permit No.: NICI�I_QLQI�I�I�I�I or Certificate of Coverage No.: N/C/Ghhh1�1�1 1 Facility Name: AMERICAN INKS AND COATINGS CORPORATION County: F'ORSYTH Phone No. 336 765-4950 Inspector: 6).1 Z E _ ✓� �_ Date of Inspection: By this s}gnature,, I certify that this report is accurate and complete tq the best of my knowledge: (Signature of Permittee or Designee) 1. Outfall Description Outfall No. Structure (pipe, ditch, etc.) PIPE Receiving Stream: UN —NAMED TRIBUTARY OF SALEM CREEK, CLASS C STREAM IN YADKIN Describe the industrial activities that occur within the outfall drainage area: PEE DEE PACKAGING/PRINTING INK MANUFACTURING 2. Color Describe the color of the discharge dark) as descriptors: I 3. .-Odor colors (red,,brown, blue, etc.) and tint (light, medium, Describe any distinct od"t6ear .may have (i.e., smells strongly of oil; weak chlorine odor, etc.) 4. i; Clarity_19 - Choose the qunaber'which best describes the clafity of the'discharAe where l.is clear add 10•is.•very cloudy: f 1 2 4 5 6• 7 S 9 10 Page .1 , SWU•242-101599 _ _ 5. Floating Solids Choose the number which best describes the amount of floating solids in the stormwater discharge where I is no solids and 10 is the surface covered with floating solids: 1 2 3 4 5 6 7 8 9 10 6. Suspended Solids Choose the number which best describes the amount of suspended solids in the stormwater discharge where 1 is no solids and 10 is extremely muddy: 1 V 3 4 5 6 7 8 9 10 7. Foam Is there any foam in the stormwater discharge? Yes No 8. Oil Sheen Is there an oil sheen in the stormwater discharge`? Yes No 9. Other Obvious Indicators of Stoormwater Pollution List and describe U) a N 0 Note: Low clarity, high solids, and/or the presence of foam or oil sheen may be indicative of pollutant exposure. These conditions may warrant further investigation. 0 Page 2 SWU•242.101599 Stormwater Discharge Outfall (SDQ) Qualitative Monitoring Report Permit No.: or Certificate of Coverage No.: N/C/G/_/_/_/—/_/_/ Facility Name: AMERICAN INKS AND COATINGS CORPORATION County: FORSYTH _ Phone No. 336 765-4950 Inspector: Date of Inspection: By this $ignature, I certify that this repoft is accurAe and complete to the best of my knowledge: (Signature of Permittee or Designee) 1. Outfall Description Outfall No. � Structure (pipe, ditch, etc.) PIPE Receiving Stream: UN —NAMED TRIBUTARY OF SALEM CREEK, CLASS C STREAM IN YADKIN Describe the industrial activities that occur within the outfall drainage area: PEE DEE PACKAGING/PRINTING INK MANUFACTURING 2. Color Describe the color of the discharge using dark) as descriptors: 11'�A colors (red, brown, blue, etc.) and tint (light, medium, 1-n C) rJ 3. .-Odor Describe any distinct odors tha "the discharge.ma.y have (i.e., smells strongly of oil; weak chlorine odor, etc.) AJ 4 YV '.. - 4. .;:, Clarity. - Choose the quraberwhich".best describes the clarity of the"discharge where 1,is clearand 10 is-xery� cloudy: 1 2 3 C 5 6. 7 8 9 10 Page 1 S Wt1-242-10 t594 - 5. Floating Solids Choose the number which best describes the amount of floating solids in the stormwater discharge where 1 is no solids and 10 is the surface covered with floating solids: 1 2 (3 4 5 6 7 8 9 10 6. Suspended Solids Choose the number which best describes the amount of suspended solids in the stormwater discharge where I is no solids and 10 is extremely muddy: 1 2 3 U 5 6 7 8 9 10 7. Foam Is there any foam in the stormwater discharge? Yes 0 8. Oil Sheen Is there an oil sheen in the stormwater discharge? Yes No 9. Other Obvious Indicators of Stormwater Pollution List and describe ! ,V a f) e- Note: Low clarity, high solids, and/or the presence of foam or oil sheen may be indicative of pollutant exposure. These conditions may warrant further investigation. 0 Page 2 STORMWATER DISCHARGE OUTFALL (SDO) MONITORING REPORT Permit Number: NC S000267 _ or Certificate of Coverage Number: NCG FACILITY NAME American Inks & Coatings Inc. PERSON COLLECTING SAMPLE(S) e+J CERTIFIED LABORATORY(S) IO . Lab # /1) Lab # Part A: Specific Monitoring Requirements SAMPLES COLLECTED DURING CALENDAR YEAR: (This monitoring report shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory.) CO Forsyth PPO E 336 76 4950 42 3 (SIGNATURE dF PEAMMEE OR DESIGNEE) By this signature, I certify that this report is accurate complete to the best of my knowledge. DateSampleII I �- Collected .. . �. . • i� Does this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month? _ yes no (if yes, complete Part B) Part B: Vehicle Maintenance Activity Monitoring Requirements Outfail No. Date Sample Collected 50050 00556 00530 00400 Total Flow Oil and Grease Total Suspended Solids PH New Motor Oil Usage molddl r I MG Mel mg/1 I unit gallmo Form SWU-246-051100 Page i of STORM EVENT CHARACTERISTICS: Date Total Event Precipitation (inches): Event Duration (hours): } h a u rS (if more char, one storm event was sampled) Date Total Event Precipitation (inches): Event Duration (hours): Mail Original and one copy to: Division of Water Quality Attn: Central files 1617.Mail Service Center Raleigh, North Carolina 27699-1617 "I certify, under penally 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." 42 R- ZQ (Signature of Permittee) (Date) Form SWU-246-051100 Page 2 of 2 Jul 24 06 10:13a } Tritest Clemmons 3367662314 p.2 T-R i TE ST CERTIFICATE OF ANALYSIS July 17, 2006 CLIENT NAME AMERICAN INKS AND COATINGS CORP CLIENT NUMBER 800660 SAMPLE NUMBER 267136 267137 COLLECTED DATE 6/27106 ' 6127106 RECEIVED DATE 6127106 6127106 DESCRIPTION # 1 # 2 TEST 'UNITS RESULTS RESULTS DATE COD MG/L 47 65 7111/06 OIL & GREASE MGIL <5 <5 7/7106 TSS MGIL 12 37 7/3106 CERTIFICATION # NC 103 NC 37733 CERTIFIED BY: TEL: 336-766-7846 FAX: 336-766-2314 WEB: www.tritestinc.com 6300 Ramada Drive, Suite C2, Clemmons, North Carolina 27012 TRiTESTr, 6300 Ramada Drivt. _tilt C2 Clemmons, NC 27012 Ph: (336) 766-7846 Fax: (336) 766-2314 Report Results To -- Company: Address: Attn: Phone: Fax: Sampled by (signature): Chain. of ..;ustody Bill To: Trilesl Project Reference: Project Number: Purchase Order #: 0 Standard Report Delivery C3 Rush Report Oelivery {wl surcharge? ..Rush por" are attpd to Prior a MyJ by *a tamntms Requested Due Date: Sample Descriplion —C—.. GO Start Date Slart Time End Date End Time Matrix a':s°"i. ` Analyses Requested Tritest saOia'O -7,-7`�`� �SU 1;Z' 00 Reunqulshee y (s' tura Received by (signaiurc) dale Tare Receipt Conditions (Lab Use Only) ❑ 4±2°C ❑Temp: _ °C ,�.., Res. Chlorine L1d'Absen�i ❑ Present 0 Na Acid preserv. <2? !J Yes ❑ No ©rva/ Rase preserv.al2? 0 Yes ONo l.lYr7/1 elinq ad by (signature) Received by (sigin1we) ' pale Time n:;liMvustied try isifnaivrel Received try (siynalr,ral - f-_��.---- --^---- Data Tome -_ -- U.S. Postal SeruiceTti, A CERTIFIED MAILTM RECEIPT r (Domestic Mafl Only; No Insurance Coverage Arovided) Postage CartlRed Fee Retum Reolpt Fee (Endorsement Required) Restrletad Del"Or, Fee (Endorsement Required) Total Postage S Fees Postmark Here C JUL 2 7 2005 v � tTo o Penny Byrd VT� A American Inks & Coatings or Po a cPry 3755 Kimwell Drive Winston-Salem, NC 27103 Certified Mail Provides: (asiaeaEl)z cunt oose —o=iSd s A mailing receipt ■ A unique identifier for your mailplece e A record of delivery kept by the Postal Service for two years important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. ■ Certified Mail Is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Retum Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpieoe "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted -Delivery'. ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this regeipt and present It when making an inquiry. Internet access to delivery Information Is not available on mall addressed to APBs and FPOs. CO Postage $ Certlfled Feed/ C) C3 Return Renelpt Fee ( f F Here (Endorsemem Requlred) 1j �, © Q ReWded oellvery Fee ill (Endorsement Required) r. J :r C3 Totel Postaos & Fees �i —1 r b (( f ' Q Sent To Joseph Yancy _���. Q r`reer,A Mosley Holdings — oraosi 101 A south Oak Gry Sta - Sheridan, AR 72150 Certified Mail Provides: fast-9biaoozeunr•ooec-0jsd o A mailing receipt o A unique Identifier for your maiiplece e A reoord of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Maile or Priority Mail& ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery.% obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return recelpt, a USPS* postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mallplece with the endorsement 'Restricted -Delivery'. ■ If a postmark on the Certified Mail recalpt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and resent it when making an inquiry. Internet access io delivery information is not available on mail addressed to APOs and FPOs. tt' Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired." m Print your name and address on the reverse so that we can return the card to you. , ■ Attach this card to the back of.the.mailpiece, or on the front if space permit&—[Jw ED Article Addressed AUG _a_2: __Whl Nntt�n.$aic^- I Joseph Yancy 4eoio^TI ^-, Mosley Holdings 101 A south Oak Sheridan, AR 72150 A. 5i r�tu�e X ` ❑ Agent i 0 Addre B.,EIpmiyed by f F{intecj Name) I g. Date1a1 DPI D. Is delivery address different from item 1? U Ye: if YES, enter delivery address below: ❑ No 3. ice Type ertitied Mail S Registered 11 Insured Mail Express Mail Return Receipt for Merchandise 11 C.O.D. 4. Restricted Delivery? (Extra Fee) Cl Yes ?006 0100 0001 8758 6153 PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03•Z-09e VNrMD STATES POSTAL .SERVICE First -Class Mail Postag lJSPSe &Fees Paid Permit No. C-10 • Sender. Please print your name, address, and ZIP+4 in this box • NCDENR- Water Quality Section �_XLlku� 585 Waughtown Street Winston-Salem, NC 27107 111iliIIf!IIIIiII#:11li11iIii111III11111 1iIIIIifllliIiIII f ■ 'Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the fronj if space"permits. 1. Article Address td l(j: AU6' 0 1 2ma ' Winiton•sa° �U- Regional i Penny Byrd American Inks Ft Coatings 3755 Kimwell Drive Winston-Salem, NC 27103 A. Signature x QWZ © Agent © Addressee B. Recepv by (Printed Name) C. Date of Delivgry D. Is deli?n address different from item 1 ? ❑ Yes if YES, enter delivery address below: ❑ No 3. S ice Type ertified Mail ❑ Express Mail Registered eturn Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes i�_.._..,�.713136 101110I ,Oddi 0,58 9160 171 iQ N011 PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03•Z-e98 _POsfAL UNITED STATES P1EDR8TvTTF�1AD—,AR - 6 U 2P2 10 4R • Sender: Please print your name, address, and ZIP tin this box • NCDENR- Water Quality Section 58S Waughtown Street Winston-Salem, NC 27107 4L- Ill It1it, till 11111,,r11,E1111111,11111„ir111,1„It$1111fill 11 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 Guatity, July 26, 2006 CERTIFIED MAIL 7006 0100 0001 8758 6153 RETURN RECEIPT REQUESTED Joseph Yancey Mosley Holdings 101 A South Oak Sheridan, AR 72150 CERTIFIED MAIL 7006 0100 0001 8758 6160 RETURN RECEIPT REQUESTED Penny Byrd American Inks & Coatings Corp 3755 Kimwell Dr Winston Salem NC 27103 Subject: NOTICE OF VIOLATION: Recomendation for Enforcement July 20, 2006 Compliance Evaluation Follow Up American Inks & Coatings Corp Permit No. NCS000267 Forsyth County Dear Ms. Byrd and Mr. Yancey: On July 20, 2006 repeat Stormwater Permit violations for storage issues involving multiple above ground storage containers located in close proximity of each other were observed at your facility by Rose Pruitt of the Winston Salem Regional Office. This facility received previous Notice of Violation about this issue in letters dated August 29, 2005 and October 28, 2005. Your facility was reinspected on January 23, 2006 at your request to show that the barrels, drums and other storage containers had been removed or placed indoors so that secondary containment would not be required. On July 20, 2006 numerous containers were again observed stored in close proximity without secondary containment in exposed areas outside your facility. Regulations pertaining to this matter were made clear to you in the letter dated October 28, 2005 a part of which follows: 1. Outside storage of hazardous waste and materials. Bulk storage of liquid products is defined in the permit as: Liquid raw materials, manufactured products, waste materials or by-products with a single above ground 585 Waughtown Street Winston-Salem, NC 27107 336-771-4600 (Telephone) 336-771-4630 (Fax) 14V American Inks Page 2 July 26, 2006 container i awing►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. Multiple storage containers in excess of a combined capacity of 1,320 gallons were observed to be in close proximity at your site. Secondary Containment is defined in the permit as: 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. Compliance schedules are addressed in Part III, Section A, Paragraph 1 of your permit. The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The SWPPP 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 1I, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. (This initial permit was issued in 1994). The Division of Rater Quality requires you to immediately remove, cover or provide secondary containment for the materials stored at your facility. This Office seeks a written reply to this letter within ten 10) workinE days of receipt of this letter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any fututelcontinued violations that maybe encountered. Your above -mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. if you should have any questions, please do not hesitate to contact Rose Pruitt at 336-771- 5000. Sincerely, Steve W Tedder Water Quality Regional Supervisor Winston-Salem Region Division of Water Quality Cc: Keith Huff, City of WS Stormwater Div SWP-Central Files 'WSRO� Danny Smith, NPS Assistance and Compliance Oversight Bethany Georgoulious,' Stormwater Permitting 021. Ile "L t I ' ytb V'I' I I • � �' � 4i Y S y k •i 51 �W r r +n 'aril �� f�f , r }'` �� I ��,� • � � ta,s ��r ,IC.i.ma`T•'•�: a W j r � ,•'a 4 .a � �r ��. I�r1 r � pt. i • 1 ,� t :c r :�-• ITJ=Sari �, R • I � r: i c ,r! r,-,• r 3k � 'iM Atli •�i1 ri li 77 s ; � a. 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W. mar 1J',��e >. 4r i+ ,, d,6 r R l�if�s Y}� ��. rah ; �� G� ' s •' 1 - r >F�. � .,�.Y .n'`�t ; .r�«• ///s�r<S $jJlr F a i' {•{�i i I�JM1 t r'16 5j."�N�.I x�ytll , . '.�,t.• S �i4�;• � M� -•. y rp iW {{ P L^ • f 9 $YttiF' fE Y ,�, • , t A� , �R� {,. 1 4. y J! > ❑ jJ(� � '�1' it r !•"I T. PI Ji.- f .rf"ryE�R' d r f � tr.i S 1EyS` �'•"' :tq �4A. t. (, d i J L, „ t �' •sir. ',� aw 46v ` til ` Mai `r - . n 14 E M,(Ly f zi�."r C b J iS'S�- '4`-'e�1_ � r>� 4tfi PHI• i- .:N fifJP �1/K �� €x_L�•f'.SL'1Fi'i1'a. 03 ��7 J # � EFF�ei � r•'. a n ��'» }� N w•ry � � 'Irk � �' J�;�-��`+ � - ' - j -'n. r ,fit 1 iE a ;N r,, €i its It i a � ',I€� �i � � •s r tilt lr �.s a nP+ N q jig.'{�; 4.4 'hL +' "4 ai !iy (�3 ��li•` S{r` Jr€l 4S-' J.t _I `. c+i t(i ap py i l.v:h 15', Kr'�.kt rV€II&r�f+�:s?E'E ;}'Jr .}�l�k'=1 1 S 1 L rp y L 4 1P'3�'�' ` T,u x _ .' f •s i' %!+ 1 IF :{ F 0 I i}t1' All, �'...lFilti5�I2i€$4 -1-�����.i�(�� �;tiYYikiF', f Ali ���� � Y;Tsdr`�,fJ�+����,r.g• tI l i RECEIVED N.C. Dent- of ENR ENGINEERS AUG 10 2006 Winston-Salem Reglonal Office 1720 Wallon Road Blue Belk, PA 19422 610.828.3078 Fax 610-828.7842 August 9, 2006 EXPRESS MAIL Mr. Steve W. Tedder Water Quality Regional Supervisor Winston-Salem Region Division of Water Quality North Carolina Department of Environment and Natural Resources 585 Waughtown Street Winston-Salem, NC 27107 Subject: American Inks and Coatings Corp Winston-Salem Facility Notice of Violation of July 20, 2006 IES Project No. EHS06137.02 Dear Mr. 'Tedder: On behalf of American Inks and Coatings Corp (AIC), IES Engineers (IES) would like to address the deficiency outlined in the July 20 2006, Notice of Violation (NOV), issued to AIC's facility in Winston-Salem, North Carolina. 1. Outside storage of hazardous waste and materials. American Inks has recently noted an increasing problem with its capacity to store materials inside the facility. In order to alleviate this problem AIC has elected to construct a containment area of sufficient capacity to handle the contents of the largest container in the event of a spill and have sufficient freeboard to contain a 25 year, 24 hour storm event. American Inks expects to have this completed within 45 days. AIC would like to note that the containers stored outside, observed by Ms. Rose Pruitt of your staff, were empty, thus minimizing the potential for stormwater contact. Nevertheless, in order to further minimize the potential for contamination, AIC has decided to provide secondary containment for the area. A Member of the Integrated Services Group L:1Projccts\A1nks1137120061060210602-02.doclsaq r�o ENGINEERS Mr. Steve W. Tedder August 9, 2006 Page 2 Upon a request from the North Carolina Department of Environment and Natural Resources, AIC will forward a copy of the secondary containment specifications and calculations. Should you have any questions regarding the above items please call me at 610-828-3078. Sincerely, #atthewA. Miller Project Scientist cc: J. Yancey, AIC J. Harrold, AIC R. Schlosser, IES L:1ProjcctslAInks\ 137120061060210602-02.doclsaq M United States Environmental Protection Agency Form Approved. EPA Washington, D.0 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expiresB-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yrlmo/day Inspection Type Inspector Fac Type 1 1 NI 2 1 51 31 NCs000267 111 121 06/10/24 117 181 WI 191 S1 20I 11 Remarks 2111 1 1 1 1 1 1 1 1 1 1_ I 1 1 1 1 I_ I l l 11 1 I I 11_ _1_1 I I 11i. I I I __i LL 1 1 _I. 1 L16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------------------------Reserved--- ---------- ---- 671 169 70131 711 1 721 N 1 73 I+ 174 751 1 1 1 1 1 1 1 80 W Section B: Facility Data Name and location of Facility Inspected For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date W POTname and NPDES permit Nurr 11 10:30 AM 06/10/24 06/04/01 American Inks s Coatings Corp Exit Time/Date Permit Expiration Date 3755 Kimwell Or Winston Salem HC 27103 10:40 AM 06/10/24 11/03/31 Name(s) of Onsite Representative (s)/Titles(s)lPhone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Joseph Yancey, //870-942-2662/8709423664 NO Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Storm Water Section D: Summary of Finding /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/OfficelPhone and Fax Numbers Date Rose pruitt WSRO w4//336-771-5000/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 4. NPDES yr/molday Inspection Type 3I NCS000267 '11 12' 06/10/24 I17 18IW1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Secondary containment has been built around the drum storage area and a fuel oil tank. Empty drums are still being staged outside the containment area. Additional drums are staged in trailers at loading docks. Page # 2 '�., Z� +,T.! L} i s+C 3E R �.. �, >. •�3 T !{, �A'F°}S. F >; - y i ".'"�"r�r^�t� •.'�p�l' � -�� i7 11 'i.�..� may' S. x• ` � syt., �./( 1 � �`, 76i�"i�� _ ��c i P st f S � � � x',� � 'Ylr���iV• S )�.�"yt'°c`�� Y,w=Kr �..F �i �� ____ram.-3 t c ,r' e -ems`" �. 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"."' -'sue 'S 4� — F E � _ v.. _ .��'e-\.�"d, ]�,�i ,1 �f�y1' s R.y4 i s 7'..: � �'' 3 i 1 - _`'�` •i ' •s1 � G � �' = y.� _ ti�rr-7 : . � - _ �� ` �. t � ..yam � 'i" •{ Yk' -�:�i' jam. �4�; j •x �, . � {7 Cd V � i. �.� $ + 5w�c..� "°"` � � �^ �U: .i ti.P '��'`i.0 � r, n i - {•j � " _ .S ! •-` _ .r��' C ° fix_ a. -�.� _ ' , .?�— �--�-�.+'■y :> t� ��.fir.... 4r ! > � '1 �i •'' � S: '.y'•_' �oF wArF,�Q _O G co 7 y Ms. Penny M. Byrd American Inks and Coatings Corp. 3755 Kimwell Drive Winston-Salem, North Carolina 27103 Dear Ms. Byrd: 410, 1 William G. Ross, Jr., Secretary Department of Environment and Natural Resources February 1, 2006 Michael F. Easley, Governor State of North Carolina Alan W. Klimek, P,E., Director Division of Water Quality RECEIVED H.C. [)a Di. c" •- aEB 0 6 2006 - = Winaton•�. Regional oK;.f Subject: Draft NPDES Stormwater Permit Permit No. NCS000267 American Inks & Coatings Corporation Forsyth County Enclosed with this Ietter.is a copy of the draft stormwater permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring frequency for all parameters has changed to semi-annual (once in the spring and once in the fall). This change reflects the Division's revised strategy for renewal permits and makes stormwater sampling frequency consistent with qualitative monitoring. Semi-annual monitoring is in both Sections B and D (Vehicle Maintenance) of Part II. • Oil & Grease (O&G) and pH monitoring have been added in Part 11, Section B of the permit because of the petroleum products stored on site. Review noted the facility already monitors for O&G. • TMOL (Total Maximum Daily Load) language has been incorporated into the same section under Table 3 because Salem Creek is listed as impaired from fecal coliform bacteria. No special monitoring is required at this time. • The Division has incorporated benchmark values into the permit. These benchmarks are not permit limits but should be used as guidelines for your facility's Stormwater Pollution Prevention Plan (SPPP). If any measurements exceed benchmark values, your facility should evaluate the effectiveness of its Best Management Practices (BMPs), review and/or update its SPPP, and document any efforts to address stormwater contamination (see Part 11, Sections B and D). • Total FIow monitoring has been removed. The permit still requires Total Rainfall amount and Rainfall Event Duration be recorded for each sampling event. This change is also based on the Division's revised strategy for stormwater monitoring in renewal permits. Please note that the Stormwater Pollution Prevention Plan (SPPP) site map must include drainage area for each outf all in acres and the percentage of each drainage area that is impervious (see Part II, Sec. A). North Carolina Division of Water Quality (919) 733-7015 1617 Mail Service Center FAX (919) 733-0719 Raleigh, North Carolina 27699-1617 On the Intemet at http://h2o.enr.state.nc.us/ Ms. Penny Byrd American Inks & Coatings Corp Permit No. NCS000267 Page 2 PIease submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 733-5083 x 529 or bethany.georgoulias@ncmail.net. Sincerely, C Bethany A. Georgoulias Environmental Engineer Stormwater Permitting Unit CC'. Winston-Salem Regional Office, Water Quality Section Stormwater Permitting Unit Attachments NCS000267 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 3v In compliance with the provisions of North Carolina General Stat"u`te 143-215. 1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water P,ollution�Control Act, as amended, American Xnks�& Coatings Corporation is hereby authorized to discharg o wa cr,fro a facility located'at Arrierica`ri'1°I6"ks & Coatings Corporation 3755 Kimwell Drive Winston-Salem, NC `�' � Forsyth County to receiving waters designated as an unnamed tributary (UT) to Salem Creek, a class C stream in the Yadkin -Pee Dee River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. Note: Draft Permit Dales are Approximate This permit shall become effective April 1, 2006. This permit and the authorization to discharge shall expire at midnight on March 31, 2011. Signed this day March 27, 2006. for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000267 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART lI MONITORING, CONTROLS, AND LIl' lTATIONS'FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan- _ �,. Section B: Analytical Monitoring Requirements . Section C: Qualitative Monitoring Requirements RtASection D: On -Site Vehicle Maintenance Monitorinv- Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 0 Permit No. NCS000267 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Conirols 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results'. 3. Flow Measurements. 4. Test Procedures 5. Representative Outfalli' 6. Records'Retention 7. Inspections° nd4Entry Section E: Reporting Requirements I� I Discharge,,Monitoring 1. Reports 2. Subm g 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 T Permit No. NCS000267 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 perniittee is authorized to discharge stormwater to the surface waters of North Carolina or sepaffie st�o�rm ss�ewer system which has been adequately treated and managed in accordance with the terinsrand conditions of this individual permit. All discharges shall be in accordance4wwith 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�dnother permit, authorization or approval. The discharges allowed by this individual pe_rmit�shall' of cause or contribute to violations of Water Quality Standards. This permit does not relieve the permitt&--Xrom 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 SCCTION C: LOCATION MAP Pemit No. NCS000267 Latitude: 36°02'41" NCS000267 Facility „ Longitude: 80 19 12Y County: Forsyth . American Inks & Location Stream Class: C Coatings Corporation Receiving Stream: UT to Salem Creek Sub -basin: Dee ltivcr Basin) =CALF 1a4,000 03-07-04 (Yadkin -Pee cffotth Part I Page 2 of 2 Permit No. NCS000267 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: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to�-contribute to contamination of stormwater discharges. The site plan shall contain tner%llowing El. A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's to t bn in relation to transportation routes and surface waters, the name ego e e ving water(s) to which the stormwater outfall(s) discharge's, opif � he discharge is to a municipal separate storm sewer system, the nameof�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 Ar waste disnosal,mactices. C. A site map drawnscale with the following items: (1) Distance legend and north arrow (2) Location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas) (3) Drainage structures (4) Delineated drainage areas for each outfall (5) Drainage area for each outfall in acres and percentage of each drainage area that is impervious (6) Building locations . (7) Existing BMPs and impervious surfaces (8) For each outfall, a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge. d. A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. Part 11 Page 1 of 8 Permit No. NCS000267 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices.to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and . manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of d 4 diverting the stornwate.r runoff away from areas of potential contamination. b. Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage;of Section 313 of Title III of the Superfund Amendments and ReauthorizatiomAct (SARA) water priority ,4,� d chemicals, or storage of hazardous su &stances to prevent leaks and spills from contaminating stormwater runoff. If the siecondary containment devices are connected directly to sto to er conveyance systems, the connection shall be controlled by manually a tivatte&alves or other similar devices [which shall be secured with a locking- mechanism] and any stormwater that accumulates in the containment area shalllbe ata`minimum visually observed for color, foam, outfall staining, visible sheens anAdry weather flow, prior to'release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminat� &by_the material stored within the containment area. Records documenting the -individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. ; C. BMP Summary.. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater' detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3, Spill Prevention and Response flan. 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 Part 11 Page 2 of 8 Permit No. NCS000267 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. 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 stormwa er runoff. Facility personnel or team responsible for implementing the trai 'in hall+be identified. ( ) P P g g �...,g.,� 6. Responsible Party. The Stormwater PollutionlP er vention`Plari shall identify a specific :� position(s) responsible for the overall coordinatian :development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in A f C"'W design, construction, operation,=orymaintenance which has a significant effect on the potential for the discharge fpolllutants 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 requirementsiof the permit. Within 30 days of such notice, the permittee shall submit a time schedule464he 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. 8. 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 Part II Page 3 of 8 j : Permit No. NCS000267 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 10 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 10 analytical samplings in accordance with the schedule specified below in Table 2. Monitoring results shall be compared to the benchmark val values in Table 3 are not permit limits but should be used Stormwater Pollution Prevention Plan (SPPP). The pifrmit benchmark exceedances and evaluate the effectiveness, ofa review and/or update the SPPP and document any efforfsU �.I t;�, Table 1. Analytical Monitoring Req in;'T able 3. The benchmark wdelines,for the permittee's ' �?'X - .y shall evaluate the sources of any site BMPs. The permittee shall s stormwater contamination. �� Discharge r r `�� ; , 3 s Measurement FrequencyE Sample 'r k Sam Ie' F ";x.Characterist�cs $ TF �P t. e x;,,,..L'o'cation._.. Chemical Oxygen Demand ' m /i� ' Scmi-annuall'> t Y Grab SDO Total Sus ended Solids ,ml ` Semi-annually Grab SDO Oil and Grease m /h Semi-annually Grab SDO H l standard Semi-annually Grab SDO Total Rainfall inches Semi -Annually Rainfall Event Duration minutes Semi -Annually Footnotes: I Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. Part 11 Page 5 of 8 11 Permit No. NCS000267 Table 2. Monitoririp Schedule - t..i�i.k" i 4Y,_YI• " Monttorrng periodASamp�e W�.,: I 1 :.1 "..: i Niumber, '.ld i� �-' { � i1 v i ' 1 fl 71 II �, A 1` r_ 11 '} ,• Start ; r I,. , . i _ _._ . �k "�� h� � I[k � � i �-: �Il�li Ib �.IS Kryn� i l fl f I i -1 ,, End F �i �y iP Year 1 — Spring 1 April 1, 2006 June 30, 2006 Year 1 --Fall 2 September 1,.2006 November 30,-2006 Year 2 — Spring 3 April 1, 2007 June 30, 2007 Year 2 — Fall 4 September 1, 2007 November 30, 2007 Year 3 — Spring 5 April 1, 2008 .. June 30, 2008 Year 3 — Fall 6 September 1, 2008 November 30; 2008 Year 4 — Spring 7 April 1, 2009 June 30, 2009 . Year 4 — Fall 8 September 1, 2009 November 30, 2009 Year 5 — Spring 9 April 1, 2010%'j June 30, 2010 Year 5 — Fall 10 September l<2010 November 30, 2010 Footnotes: � ' .. . ;�r_ `' • 1 Maintain semi-annual monitoring during permit renewal pro�ssj Table 3. Benchmark Values for Anal ticaPim6nitorin I��Vr -.: iui t Irfia 2E '.i,!.:t erM . r• s � t i Discharge Character�shcs,; �, �+Y�"_.. Y'� . I ,., ��Un�ts:fYAal.r. � 1 'a �' � t - :F vl �ai'kY il. ww. Fn, x Benchmark tiT ;, Chemical Oxygen Demand mg/ 120 Total Suspended Solids P m 1 100 Oil and Grease m 1 30 pH a` standard .. 6-9 This site discharges to impaired- waters experiencing problems with fecal coliform bacteria and. impaired biological integrity (unidentified stressors). If a Total Maximum Daily Load (TMDL) is approved for this segment of Salem Creek, the Permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the Permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan, Part 11 Page 6 of 8 Permit No. NCS000267 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 4. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls is performed when stormwater discharge occurs but does not need to be performed during a representative storm event. - In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once e spring (April - June) and once in the fall (September - November). Table 4. Oualitative Monitorine Requiremenis iDtscharge Characteristics 'Frequen"cy"r ` SMonitoring � L-oca#font !. Color Semi-annua 1 SDO Odor Semi"annuall ' SDO Clarity Semi annuall SDO Floating Solids Semi-aTnnuF�rlall SDO Suspended Solids 3Semi&annuall SDO Foam Semi-annuallySDO Oil Sheen Semi-annually SDO Other obvious indicators SDO of stormwater pollution Semi-annually Footnotes: Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. Part 11 Page 7 of 8 Permit No. NCS000267 All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 10 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 10 analytical samplings in accordance with the schedule specified in Table 2 (Section B). Monitoring results shall be compared to the benchmark values in Table 6..The benchmark values in Table 6 are not permit limits but should be used as'guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP)'' The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. • The permittee shall review and/or,update the SPPP and docuritent any efforts to address stormwater contamination. Table 5. Analytical Monitoring Requirements for Oh -Site Vehicle Maintenance ` Discliarge Charaeter�stics" _= t 11Uiirts F� 14 4� � YMeasurement a� �r ,,Sample x ., p ISam le�',r15, kl 1l �1R, E� ,Vi a.. 'vs xrl.n n�i �" lY 4ed' F��-l� '}: Y..., 2•hv er f- ,- •Ffe uenc t- ;F Zm IFI;.T ��; ,Location H standard Sems'-�a�nnually v Grab SDO Oil and Grease m 1 Semi-annually A. _[PrA4 i 1:•.Y Grab SDO Total sus ended Solids m 1 TZI " 1. • S,emi;atrtually Grab SDO New Motor Oil Usage allons/month" f SemiTannually Estimate - Total Rainfall inchem4,, °imi-annually Rainfall Event Duration minutes.Semi-annually Footnotes: _ I Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall {September,,,:,Noovember)., See Table 2 (Section B) 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. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring A vll - .�,: � YIA �Yx•` 1 �G47 YI I F,. VI-IS,�§�� {I a_nischarge Characterist�cs��Uriits kr ",14• c.."., 9 �V -r4h y., �, , tIM! s Benchmark, Total Suspended Solids mg/l 100 , Oil and Grease mg/1 30 pH standard .6-9 ,Part II Page 8 of 8 Permit No. NCS000267 PART III STANDARD CONDITIONS FOR NPDES STORMWATCR INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: . Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. Proposed Facilities: The Stormwater Pollution Prevention Plan sliall•be developed and implemented prior to the beginning of discharges from the operation of the inTustria activity and"be updated thereafter on an 10, annual basis.. Secondary containment, as specified in Part Il, Section A, -Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges frroiri'tl Aeration of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Actands.groy. unds for enforcement action; for permit termination, revocation and reissuance ormodif cation; or denial of a permit upon renewal application. N a. The permittee shall coraplKwith standards or prohibitions established under section 307(a) of the Clean Water Act for toxic p6llbt�ants 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 Actprovides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 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 $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class 1I violations are not to exceed S1 I,D00 per day for each day during which the violation continues, with the maximum amount of any Class 1I penalty not to exceed $137,500. Part III Page 1 of 8 Permit No. NCS000267 3. Duty to Mitigate The permittee shall take all reasonable steps,to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4, Civil and Criminal Liability : Except as provided in Part I11, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended.. _ 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to pr" ecludXthedtislitution of any legal action or relieve L1-%1 � 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 F�ederaVAct, 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, norxdroes it,uthor�ize any injury to private property or any invasion of personal rights, nor any infringement ofl6deral, 6te or local laws or regulations. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other. cir'cumstances, and the remainder of this individual permit, shall not be affected thereby., 8. Duty to Provide Information The permittee'shall furnish to the Director, within'a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be.maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $16,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a.conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Part III Page 2 of 8 Permit No. NCS000267 permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no dater 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�21,53.6 and 33 USC 1251 et. seq. 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.ofthe permit to change the name and incorporate such other requirements as may be necessa y under [he Clean Water Act. Permittee is required to notify the Division in writing in the event thewrmitted facility is sold or closed. signatory Requirements _ All applications, reports, or inf tion submitted to the Director shall be signed and certified. a. All applications to be coveretl er this individual permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a r. W respons�leicorporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 4. . : Permit No. NCS000267 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." Individual Permit Modification, Revocation and Reissuance or Teimination The issuance of this individual permit does not prohibitwthe Director from reopening and modifying the individual permit, revoking and reissuing the individual,perm`t,!or terminating the individual permit as � - allowed by the laws, rules, and regulations contained�ran Title 40 Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Cade Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 5. Permit Actions .. t The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned - AP `�: changes or anticipated noncomplianX,does not stay any individual permit condition. . SECTION C: OPERATION AND,`MAtNTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and. systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual'permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation. is necessary to achieve compliance with the conditions of this individual permit. 2. - Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry Part III . Page 4 of 8 Permit No. NCS000267 weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part 1I1, 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 I. Representative Sampling Samples collected and measurements taken, as required herein, sh nature of the permitted discharge. Analytical sampling shall be p event. Samples shall be taken on "a day and time that isaracteri taken before the discharge joins or is diluted by any other:waste st Monitoring points as specified in this permit shall not bed h nged the Director.' - 2. Recording Results For each measurement, sample, requirements of this individuaV a. The date, exact place, b. The individual(s C. The date(s) all,b characteristic of the volume and ei formed during a representative storm .er sttc°of the discharge. All samples shall be re mbody of water, or substance. without notification to and approval of or ma'�intenance activity performed or collected pursuant to the F permittee'shall record the following information: sampling, measurements, inspection or maintenance activity; the sampling, measurements, inspection or maintenance activity; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et, seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Part III Page 5 of 8 Permit No. NCS000267 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. if it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Soommwater 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. 7. Inspection and Entry a �� The permittee shall allow the Director, or an authorizedarepresentative (including an authorized contractor acting as a representative of the Director), or in the case of asfa lity 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=presen'ratio o credentials and other documents as maybe required by law, to; Af a. Enter upon the permitt e's prermses whereea regulated facility or activity is located or conducted, or where records must,beEke pt under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; . C. Inspect at reasonable•times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E:'REPORTING REQUIREMENTS... 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the. following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 Permit No. NCS000267 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as posse facility which could significantly alter the nature or quantity of requirement includes pollutants which are not specificallyaiste notification requirements under 40 CFR Part 122.42_(a). 6. Anticipated Noncompliance If z NO , ile of any,planned changes at the permitted pollutants discharged. This notification l in the individual permit or subject to The permittee shall give notice to the Director as%o.was possible of any planned changes at the permitted �. 'K :�� facility which may result in noncompliance withthe individual permit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if p s Bible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 9. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of 8 NCS000267 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 pennit. The individual permit as modified or reissued under this paragrapljkhall'ialso contain any other requirements in the Act then applicable. 2� �, PART V ADMINISTERING AND REQUIRE] The permittee must pay the administering and com the Division. Failure to pay the fee in timely m nr' Division to initiate action to revoke th�effi dividua 1 2 3 4. MONITORING FEE ance monitoring fee within 30 (thirty) days after being billed by in accordance with 15A NCAC 2H .0105(b)(4) may cause this mit. DEFINITIONS Act See Clean Water Act. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b). Uncontaminated groundwater, foundation drains,'air-conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows From riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page I of 5 Permit No. NCS000267 5pass 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 Cle'an,, ater Act (CWA), as amended 33 USC 1251, et. seq. 8. Division or DWO &.. The Division of Water Quality, Department of Env ro en t an 'Natural Resources.: 9. Director The Director of the Division of Water Quality, the permit issuing authority, 10. EMC The North Carolina Environmental Management Commission. IL Grab Sample • .. t , An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. , 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landfill A disposal facility or part of 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 V1 Page 2:of 5 Pages Permit No. NCS000267 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Dischar&e 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 ^ 'frTz 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 storm discharges at multiple outfalls, the DWQ may gra status allows the permittee to perform analytical 20. Rinse Water Discharge 21 22. The discharge of rinse water fi waters from vehicle and equip utilizing any type of detergent Secondary Containment >t%from a single outfall is representative of the ntattve outfall status. Representative outfall ;3 to a reduced number of outfalls. Ting areas associated with industrial activity. Rinse are process wastewaters and do not include washwaters 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. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject.to SARA title 1I1, Section 313 reporting requirements; and c. That meet at least one of the following criteria: . . (1) Is listed in Appendix D of 40 CFR part 122 on either Table 11(organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table 1V (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. Part VI Page 3 of 5 Pages Permit No. NCS000267 23. Severe Property Daman 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` n°excess of reportable quantities., under section 311 of the Clean Water Act (Ref: 40 GF1d0:10 and CFR 117.21) or section 102 of . CERCLA (Ref: 40 CFR 302.4). t, 26. Stormwater Runoff The flow of water which results from precipitati�oand which occurs immediately following rainfall or as a result of snowmelt. 27. Stormwater Associated with Industriall'ActiyV 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 M nos Ai considered to be engaged' in,''industnal 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. Part VI Page 4 of 5 Pages . Permit No. NCS000267 31. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. 32.. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 33. Upset Means an exceptional incident in which there is unintenti nal and`fem ora noncompliance with p p rY� P technology based permit effluent limitations because of factors'beyorid'the reasonable control of the permittee. An upset does not include noncompliance to these tent c used�by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 34. Vehicle Maintenance Activi Vehicle rehabilitation, mechanical repairs, painting,.fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its siteltof origin which can be seen with the unaided eye. 36. 25-year, 24 hour storm Men'. 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 Subject: P.S. From: Bethany Georgoulias <bethany.georgoulias a ncmail.net> Date: Mon, 23 Jan 2006 15:37:26 -0500 To: Pose.Pruitt@NCmail.net Don't forget to send back the signed staff report for this one. Thanks! -BG Bethany Georgoulias Environmental Engineer NC DENR DWQ Stormwater Permitting Unit (919) 733-5083, ext. 529 bethany.georgculias@ncmail.net Rose Pruitt wrote: Hi. Bethany, I reinspected Am Inks this morning and found the barrels and drums had been removed, haz waste had been moved inside. Go ahead and issue permit as drafted. Seems they were stalling. The plan was to move shop to Rockingham but after they started moving in they found out there wasn't enough water pressure to take care of business so now they are staying put until another site is found. After a short conversation with Mr harrold last Wednesday where he tried to put off the containment again, I told him I would be inspecting Friday and expected to enforce if I found everything as before. They moved everything on Thursday. Rose Pruitt NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 297 FAX: (336) 771-4630 On 1/18/2006 8:06 AM, Bethany Georgoulias wrote: Hi Rose, Today is our last opportunity for permit notices before February...are we ready to go with American Inks & Coatings Permit as drafted, or has the consultant provided something else that would change the monitoring requirements? If not, I'll go ahead and send the draft permit to public notice. Thanks, BG i of] 2/1/2006 8:54 AM Re: American Inks Subject: Re: American Inks From: Bethany Georgoulias<bethany.georgou1ias@ncmai1.net> Date: Mon, 23 ,Ian 2006 15:27:31 -0500 To: Rose,Pruitt@NCmail.net Excellent. Way to stay on them, Rose; the best option inside. The draft permit will go to notice on February then will be issued roughly a month after that. -BG Bethany Georgoulias Environmental Engineer NC DENR DWQ Stormwater Permitting Unit (919) 733-5083, ext. 529 bethany.georgoulias@ncmail.net Rose Pruitt wrote: was to get that stuff 1.(next notice date), and Hi Bethany, I reinspected Am Inks this morning and found the barrels and drums had been removed, haz waste had been moved inside. Go ahead and issue permit as drafted. Seems they were stalling. The plan was to move shop to Rockingham but after they started moving in they found out there wasn't enough water pressure to take care of business so now they are staying put until another site is found. After a short conversation with Mr harrold last Wednesday where he tried to put off the containment again, I told him I would be inspecting Friday and expected to enforce if I found everything as before. They moved everything on Thursday. Rose Pruitt NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 297 FAX: (336) 771-4630 On 1/18/2006 8:06 AM, Bethany Georgoulias wrote: Hi Rose, Today is our last opportunity for permit notices before February ... are we ready to go with American Inks & Coatings Permit as drafted, or has the consultant provided something else that would change the monitoring requirements? If not, I'll go ahead and send the draft permit to public notice. Thanks, BG 1 of 1 2/1/2006 8:55 AM Re: American Inks Subject: Re: American Inks From: Rose Pruitt <Rose.Pruitt@ncmail.net> Date: Mon, 23 Jan 2006 15.21:31 -0500 To: Bethany Georgoulias<bethany.georgoulias@ncmail.net> Hi Bethany, I reinspected Am Inks this morning and found the barrels and drums had been removed, haz waste had been moved inside. Go ahead and issue permit as drafted. Seems they were stalling. The plan was to move shop to Rockingham but after they started moving in they found out there wasn't enough water pressure to take care of business so now they are staying put until another site is found. After a short conversation with Mr harrold last Wednesday where he tried to put off the containment again, I told him I would'be inspecting Friday and expected to enforce if I found everything as before. They moved everything on Thursday. Rose Pruitt NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 565 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4603 ext 297 FAX: (336) 771-4630 On 1/18/2006 8:06 AM, Bethany Georgoulias wrote: Hi Rose, Today is our last opportunity for permit notices before February ... are we ready to go with American Inks & Coatings Permit as drafted, or has the consultant provided something else that would change the monitoring requirements? If not, 1'11 go ahead and send the draft permit to public notice. Thanks, BG 1 of 1 2/1/2006 7:52 AM O� W A 7�' Q Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ���tilY Cs FAFi American Inks & Coatings Corp 3755 Kimwell Drive Winston Salem, NC 27103 Subject: General Stormwater Permit Inspections American Inks & Coatings Corporation Permit No. NCS000267 Forsyth County Dear Sir or Madaam: Alan W. Klimek, P.E. Director Division of Water Quality REGEWED i H r pens o r' .BAN 2006 yvwstcn-Swq.n Regional 01fice Your facility holds a General Permit from the North Carolina Division of Water Quality to discharge stornwater associated with industrial activities performed at your facility. Please be advised that the Winston-Salem Regional Office will be performing NPDES Stonnwater Inspections sometime in the near future. If this office has not previously inspected your facility, you should be prepared to demonstrate compliance with all terms and conditions included in the Permit. Specifically, we will be evaluating the following: Stormwater Pollution Prevention Plan, Stormwater Outfall Locations, Qualitative and Analytical Monitoring Data and any other activities required by your permit. Copies of the general permits and accompanying documents can be accessed from the following wcbpage: http://h2o.enr.state.nc.us/su/Forms Documents.htm#StormwaterGP. If you have any questions, please contact Rose Pruitt in the Winston-Salem Regional Office at {336} 771-4600. Sincerely, 4W . lnu4� Rose Pruitt cc: NPS Compliance & Assistance Oversight Unit SWP-Central Files WSRO Files One NNhCuolina aturally North Carolina Division of Water Quality 585 Waughtown street Winston.salem, NC 27107 Phone (336) 771-4600 Fax (336) 771-4631 Internet: h2o.enr.state.nc.us An Equal OpportunitylA[frmative Action Employer— 50% Recycledil0% Post Consumer Paper